When a South Florida nursing home abuse or neglect case is filed, the parties must exchange certain requested materials before the case is scheduled for trial. This is called the pre-trial discovery process, and it is an opportunity for both sides to learn a little more about the other’s case.
In most South Florida personal injury or wrongful death cases filed against a nursing home, the plaintiff will request not just information that he believes will be helpful to his case but also information that could potentially be harmful to his case. The idea is to be prepared for what lies ahead at trial. A recent case illustrates the tactics that some nursing home defendants will attempt in order to prevent the plaintiff from obtaining certain material.
The Facts of the Case
The plaintiff was the father of a mentally ill man who was a resident at the defendant nursing home. While the plaintiff’s son was a resident of the home, he was attacked by another resident with a blunt object and subsequently died from the injuries he sustained in the attack.