Nursing Home Residents' Rights Act--A Good Idea Gone Bad, The
![handle is hein.journals/stet26 and id is 611 raw text is: THE NURSING HOME RESIDENTS' RIGHTS
ACT - A GOOD IDEA GONE BAD!
Troy J. Crotts*
Daniel A. Martinez**
I. INTRODUCTION
In 1980, the Florida Legislature examined the results of a Dade
County (Miami, Florida) Grand Jury investigation of nursing facili-
ties which described health hazards and deficiencies in patient
care that allegedly have been allowed to continue for years.' In
response, the Florida Legislature created § 400.022 of the Florida
Statutes, commonly referred to as the Residents' Rights Act, de-
* Troy J. Crotts is a partner with the St. Petersburg office of the law firm of
Fowler, White, Gillen, Boggs, Villareal and Banker, PA, where he has practiced law
since 1986. He graduated from the University of Florida in 1983 with a B.S. degree in
Public Relations and went on to graduate with honors from Stetson University College of
Law in 1986. While at Stetson, he was involved in various student organizations and
was a member and editor of the Stetson Law Review. Since law school, Mr. Crotts has
practiced exclusively in the area of insurance defense litigation and has focused his
attention in recent years on medical malpractice matters. He is a member of the local,
state and American Bar Associations, has been a guest lecturer at Stetson University
College of Law, St. Petersburg Junior College, and various high schools in St. Peters-
burg, Florida, and is active in his firm in attorney training and client publications re-
garding medical malpractice and other litigation matters. Finally, he is a board certified
civil trial attorney, who is licensed to practice in the State Courts of Florida and the
Federal Middle District Court of Florida.
** Daniel A. Martinez is an associate with the St. Petersburg office of the law
firm of Fowler, White, Gillen, Boggs, Villareal and Banker, P.A., where he has practiced
law since 1994. He graduated cum laude from East Carolina University in 1991 with a
BA degree in Philosophy and a minor in Political Science. He went on to graduate cum
laude from Stetson University College of Law in 1994. While at Stetson, he was a
member and editor of the Stetson Law Review. Since law school, Mr. Martinez has
practiced exclusively in the area of insurance defense litigation. He is a member of the
local, state and American Bar Associations, and is admitted to practice in the Middle
District of Florida and the Eleventh Circuit. He also participates in various local pro
bono projects.
Note: Portions of this Article were originally presented at the Eighth Seminar on
Elder Law sponsored by Stetson University College of Law, and are reprinted with
permission. See Recovery and Valuing Personal Injury Damages for the Elderly: A View
from the Plaintiff and the Defense, Eighth Seminar on Elder Law, Center of the Study
of Law and Aging at Stetson, 1995.
1. COMMITTEE ON HEALTH AND REHABILITATIVE SERVS., NURSING HOMES: SENATE
STAFF ANALYSIS AND ECONOMIC IMPACT STATEMENT, Bill No. 80-1218 (Fla. June 10,
1980) [hereinafter SENATE STAFF ANALYSIS]. See also FLA. STAT. §§ 400.022, 400.023
(1981). For a more in depth discussion of the contents of the Senate Staff report, see
infra text accompanying notes 34-42.](ViewImageLocal?handle=hein.journals/stet26&div=22&collection=journals&method=preview&ext=.png&size=3)
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Nursing Home Residents' Rights Act--A Good Idea Gone Bad, The
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