Jeffrey P. Gale, P.A. // Nursing Home Is Not Itself A Health Care Provider For Purposes Of Florida Statute 766.102

Under Section 400.022, Florida Statutes (2025), nursing home residents are guaranteed specific rights. Licensed facilities must publish these rights and ensure that residents are treated in accordance with them. If a facility violates these rights and a resident suffers injury or death as a result, the facility may face legal proceedings.

Although nursing homes are obligated to provide care and services to their residents, they are not themselves considered “health care providers” under section 766.102, Florida Statutes (2025). See NME Properties, Inc. v. McCullough, 590 So. 2d 439 (Fla. 2nd DCA 1991). This can prove consequential in legal proceedings as, among other things, claims brought under 766.102 are subject to onerous presuit requirements such as expert affidavits, notice, investigation, and informal discovery. See section 766.106.

Most harmful violations in nursing homes stem from the ordinary negligence of nonprofessional employees. Claims arising from such violations are not governed by Chapter 766, nor are claims against licensed professionals when the exercise of professional skill or judgment is not implicated.

Although a nursing home is not itself considered a health care provider under section 766.102, it may nonetheless be held vicariously liable for the acts of certain agents or employees who are. For example, the facility likely employs nurses licensed under chapter 464. Under the doctrine of respondeat superior, a facility may therefore be liable under the heightened professional standard of care when such an agent, actively involved in the incident, is rendering medical care or services.

Florida’s Wrongful Death Act bars recovery for lost parental companionship, instruction, and guidance, as well as for the mental pain and suffering of adult children over the age of 25, when the parent’s death results from medical malpractice. See section 768.21(8). This represents a unique carve-out from traditional common-law damages, applicable only in medical malpractice cases. It reflects a legislative policy choice rather than a principled public policy determination and is often referred to as Florida’s “Free Kill” law.

If a nursing home resident’s death results from ordinary negligence rather than medical negligence, the limitations of the “Free Kill” law do not apply.

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Jeffrey P. Gale, P.A. is a South Florida based law firm committed to the judicial system and to representing and obtaining justice for individuals – the poor, the injured, the forgotten, the voiceless, the defenseless and the damned, and to protecting the rights of such people from corporate and government oppression. We do not represent government, corporations or large business interests.

While prompt resolution of your legal matter is our goal, our approach is fundamentally different. Our clients are “people” and not “cases” or “files.” We take the time to build a relationship with our clients, realizing that only through meaningful interaction can we best serve their needs. In this manner, we have been able to best help those requiring legal representation.