Areas of Practice

Violation of Nursing Home Residents' Rights - Health and Safety Code §1430(b) - San Diego Injury Attorneys

Awards & Rankings recieived by our attorneys

In California, residents and patients of a care facility such as a Skilled Nursing facility, Intermediate Care Facility or Transitional Care Facility, for example, are afforded additional rights and protections that are codified under our state laws. Under Health and Safety Code §1430(b), a current or former resident of a care facility may bring a civil action against the operator of a care facility for violation of any of the rights stated in Title 22 of the California Code of Regulations §72527. In circumstances where any of the stated protections have been shown to have been violated, the care facility is liable, regardless of the circumstances under which such violations were committed, for up to $500.00 per violation per day, as well as an award of attorney’s fees and litigation costs incurred for prosecuting a claim under Health and Safety Code §1430(b).

California, Health and Safety Code §1430(b) states in part:

“A current or former resident or patient of a skilled nursing facility, as defined in subdivision (c) of Section 1250, or intermediate care facility, as defined in subdivision (d) of Section 1250, may bring a civil action against the licensee of a facility who violates any rights of the resident or patient as set forth in the Patients Bill of Rights in Section 72527 of Title 22 of the California Code of Regulations, or any other right provided for by federal or state law or regulation. The suit shall be brought in a court of competent jurisdiction. The licensee shall be liable for up to five hundred dollars ($500), and for costs and attorney fees, and may be enjoined from permitting the violation to continue…”

How our San Diego injury lawyers can help you with your nursing home claim

If you suspect that a family member or loved one has had their resident/patient’s rights violated, or has suffered a lack of proper care, contact a San Diego injury attorney at Berman & Riedel, LLP, to discuss your legal options. The attorneys at Berman & Riedel, LLP, have the experience and skill necessary to help protect your legal rights in this complex area of the law.

If a lack of proper care in a nursing home has resulted in the tragic death of a loved one, contact a San Diego wrongful death attorney from our firm today to discuss the circumstances of your case. There is no charge for initial consultations.

Have a question or comment, or think you may have a case? Fill out the form below.

*Required

For more information on how to report suspected acts of elder abuse & neglect, click here