When can punitive damages be sought in a Florida nursing home abuse lawsuit?

Under Fla. Stat. § 400.0237, punitive damages cannot be demanded in an initial complaint; they require court approval based on an evidentiary showing. A plaintiff must demonstrate a reasonable basis establishing clear and convincing evidence that the nursing home or its staff engaged in intentional misconduct or gross negligence. Gross negligence is defined as conduct so reckless that it constitutes a conscious disregard of the resident's life, safety, or rights. Jeffrey S. Altman and The Altman Law Firm evaluate evidence of systemic cover-ups or severe neglect to establish whether pursuing punitive damages is legally supported.