Florida Notice of Intent to Initiate Litigation Against a Nursing Home

Example of Florida Ch. 400 Notice of Intent

In Florida, Chapter 400 requires that a claimant send a Ch. 400 Notice of Intent to Initiate Litigation prior to filing a Florida nursing home abuse lawsuit. The purpose of the nursing home notice of intent (NOI) is to establish a short summary of the facts of the case and to lay the foundation for the good faith bringing of a lawsuit.

Chapter 400 Notice of Intent – The Process

Following the nursing home’s receipt of the notice of intent to initiate litigation, the parties are in the ‘nursing home pre-suit process’ which can last 75 days. During this time, informal discovery is exchanged and unsworn statements may take place. At the end of Florida’s nursing home pre-suit process is a mediation. If the case does not settle at the pre-suit mediation, the Plaintiff may file their lawsuit against the negligent nursing home.

Example of a Florida Notice of Intent to Initiate Litigation vs. a Florida Nursing Home

We were recently contacted by a local referral attorney on how to draft an NOI to a Florida nursing home. Below is an example of a Notice of Intent our nursing home abuse law firm recently sent out, with the names of the nursing home and claimant redacted.

NOTICE OF INTENT TO INITIATE LITIGATION AGAINST YOUR NURSING HOME, PURSUANT TO CHAPTER 400

Nursing Home Abuse Lawyers at Senior Justice Law Firm

33 S.E. 5th Street, Suite 105
Boca Raton, Florida 33432
(P) (561) 717-0817 • (F) (561) 708-6781 • Eservice@SeniorJustice.com • SeniorJustice.com

Certified Mail – Return Receipt Requested
Redacted Nursing Home
Attn: Risk Management
4847 Fred Gladstone Drive
West Palm Beach, FL 33417

RE:    E/O Redacted v. Redacted Nursing Home

CH. 400 NOTICE OF INTENT TO INITIATE LITIGATION

Dear Sir/Madam:

I represent Redacted Daughter as Personal Representative of the Estate of Redacted Resident. This is a Notice of Intent to Initiate Litigation filed pursuant to Fla. Stat. Sec. 400 et. Seq. to inform you that the aforementioned claimant, by and through the undersigned counsel, intends to initiate litigation against you, your professional association, corporate entity and/or partnership within seventy-five (75) days. Furthermore, pursuant to Florida law, this Notice also serves as Notice to all entities that share a legal relationship with your nursing home facility, including but not limited to any subsidiary corporations, management corporations, managing employees, caregivers and/or any others with a legal relationship such as employees, agents and/or apparent agents.

This matter pertains to injuries and subsequent wrongful death which occurred due to negligent nursing home care provided to Redacted Resident during this resident’s 2016 residency at Redacted Nursing Home.

I.    Summary of Occurrence

Redacted Resident was alert and oriented times three upon her admission to your Redacted Nursing Home nursing home facility. Redacted Resident enjoyed visits with family and playing rummi cube and bingo. She was originally admitted to your facility for short term rehab; however, she suffered a fall and broke her knee. This injury required surgery and the placement of hardware. Ms. Redacted never walked again following this nursing home fall at Redacted Nursing Home.

As a result of the above injury, Redacted Resident used a wheelchair for mobility and required assistance with her activities of daily living. Significantly, she required total assistance with transfers and toileting. On or around August 11, 2016, Redacted Resident was being transferred via mechanical lift in the bathroom. During the transfer, Redacted Resident warned the staff that they were moving too fast and that she was not secured in the lift. Your nursing home staff failed to heed the resident’s warnings. As a result, Redacted Resident’s leg was forcefully struck, causing grave injury. Her reported pain was ignored and she called her daughter, Redacted Daughter, to tell her about what occurred. The resident’s complaints of pain were minimized by staff, and it was not until Redacted Daughter demanded that her mother receive an x-ray that one was finally performed. The x-ray confirmed that Ms. Redacted Resident fractured her femur in the lift transfer incident. She was taken to Jupiter Medical Center.

Unfortunately, at JMC, Dr. Redacted informed the family that Redacted Resident’s femur was broken in half from the trauma, and the original hardware placed from a prior surgery was broken as well. Dr. Redacted did not feel comfortable operating on the patient and he regretfully informed the family and Ms. Redacted will be plagued with the pain for the remainder of her life. She was given morphine and placed on hospice on 8/16/16.

Redacted Resident died shortly thereafter on 8/18/16. The death certificate says, in pertinent part:

MANNER OF DEATH:        ACCIDENT

CAUSE OF DEATH:            a. RIGHT FEMUR FRACTURE
b. METASTATIC CANCER TO BONE

DATE OF INJURY:            August 11, 2016

DESCRIBE HOW INJURY OCCURRED:
DECEDENT FRACTURED LEG DURING LIFTING PROCESS

Redacted Resident endured unnecessary pain and suffering and/or wrongful death associated with the above injuries due to the neglect she suffered at your nursing home. Her surviving children miss her dearly. The Claimant(s) claim all damages recoverable. This action will be pleaded as a wrongful death claim; however, a survival claim may be pleaded in the alternative in an abundance of caution.

II.    Allegations of Wrongdoing

Redacted Nursing Home provided negligent nursing home care, and thus violated the Chapter 400 resident rights of Redacted Resident as follows:

i.    Failure to properly and safely transfer the resident;
ii.    Failure to timely react to the resident’s injuries;
iii.    Failure to properly evaluate fall risk;
iv.    Failure to institute appropriate fall precautions and provide assistive devices;
v.    Failure to document the resident’s injuries;
vi.    Failure to inform the resident’s family of the resident’s deteriorated condition;
vii.    Failure to monitor the resident;
viii.    Failure to appropriate staff and train employees and agents;
ix.    Failure to prevent skin breakdown, bedsores and infection;
x.    Failure to provide appropriate nutrition and hydration;
xi.    Nursing home medication errors; and,
xii.    Failure to provide appropriate nursing home care under all the circumstances.

As a result of the above violation of her Chapter 400 rights, Redacted Resident suffered a debilitating injury which resulted in her wrongful death. The Claimant claims all damages recoverable under Chapter 400, Florida Statutes.

III.    Pre-Suit Discovery

Please provide my office with a complete copy of any and all records, correspondence, memoranda, etc., of any kind relating to the above-named resident.  Your compliance with this request is statutorily mandated.  Pursuant to Section §400.0233(7) I request the following documents within 20 days of receipt the notice:

1.     A copy of all insurance policies and declaration pages that may cover this loss;
1.    Provide the name, employment status, and last known address and phone number of all persons that attended to this resident during the residency at your facility;
2.    Copy of the complete Nursing Home chart of this resident, including incident reports and photos;
3.    Laser color copies of all photographs taken of Redacted Resident, including any documentation regarding any injuries, bruises, falls, fall prevention measures, or pressure sore wounds;
4.    Laser color copies of all photographs taken of the area of the resident’s fall(s), including photos of the fall preventative measures in place at the time, and photos of the assistive devices used by the resident;
5.    A copy of any and all surveillance video, CCTV footage, or video captured of Redacted Resident  for:
a.    The four hours before any of the resident’s falls/transfer injuries;
b.    The actual video of the resident’s falls/transfer injuries; and,
c.    The four hours after any of the resident’s falls/transfer injuries.
6.    All documents provided to Medicaid, Medicare or any other party regarding this resident;
7.    All written documentation and training protocols for the prevention of falls provided to any employees that cared for this resident at your facility;
8.    All agreements that you have with any other companies or individuals regarding the management of the facility, including Management Agreements, or any company which assists in any manner in the administration and/or operation of the nursing home;
9.    Please indicate which legal entity employed the CNAs that provided care and supervision of the resident during the above referenced residency;
10.    Please indicate which legal entity employed the RN’s that provided care and supervision of the resident during the above referenced residency;
11.    Please indicate which legal entity employed the visiting physician that provided care and/or examined the resident during the above referenced residency; and,
12.    If you claim to be a nonprofit nursing home, please produce your Form 990 tax return.

IV.    Scheduling Request: Pre-suit Mediation

Florida Statute §400.0233(11) requires a pre-suit mediation in this matter within 30 days of the defendant facility’s response to the claim. We are hereby attempting to comply with this provision. Accordingly, please contact Lori at my office (Lori@SeniorJustice.com) to schedule this pre-suit mediation. If we do not hear from you regarding the pre-suit mediation, we will assume that your client has waived their right to mediation and we will proceed to filing the lawsuit.

Please contact my office should you have any questions.

The undersigned counsel hereby certifies that a good faith investigation was made in this matter that substantiates a valid claim of right’s violation and negligence at the subject Nursing Home, pursuant to Fla. Stat. Sec. 400, et. seq.

Very truly yours,

/s/ Michael J. Brevda

MICHAEL J. BREVDA
MJB/las

Enclosed:         Records in Our Possession
Estate Paperwork

cc:    Redacted Daughter
(via Electronic Mail)

More Questions on Florida Nursing Home Litigation?

Feel free to contact our nursing home abuse lawyers today if you have further questions on suing a nursing home in Florida. We are reachable now at 561-717-0817 and we provide free consultations for both potential claimants and referral/co-counsel attorneys.

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