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…”
Know Your Rights
Our San Diego elder abuse lawyers feel that it is important for all nursing home residents to understand their legal rights. Under California law, all nursing home residents are entitled to certain specified rights. These rights must be provided to each and every resident at the time of admission in the form of a written policy entitled “Nursing Home Resident’s Bill of Rights.” This policy affords residents of nursing homes the right to:
- Privacy, dignity, and respect
- Choose their own physician
- Possess personal property
- Plan their own medical care and treatment
- Be fully informed of their medical condition and treatment
- Manage their own finances
- Determine which visitors they wish to receive
- Be discharged or transferred only for medical reasons
Ideally, such rights are automatic, not the subject of long, complicated legislation. However, given the recent surge in nursing home litigation brought about by California elder abuse attorneys, it is clear that some nursing home facilities are failing to provide their elderly residents with even these most basic of respects.
Many nursing home residents may not realize this, but when a facility commits an act in violation of these rights, thereby causing harm to a resident, that resident has grounds to hire a California elder neglect attorney and file a lawsuit. The complexity involved in litigating these kinds of cases under the applicable laws cannot be overstated. Therefore, it is critical that a person injured as a result of his resident’s rights being violated retain knowledgeable, experienced legal counsel.
How our team can help if your rights have been violated
At Berman & Riedel, LLP, our San Diego elder negligence lawyers have a complete understanding not only of the laws governing residents’ rights cases, but of all laws and regulations involved in litigating nursing home cases. Further, our lawyers have represented many clients throughout California in their nursing home litigation cases, and are proud to have aggressively advocated for each and every client, successfully obtaining the best possible results in many violation of residents’ rights cases.
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.