Section 1430(b) of the California Health and Safety Code allows a former or current resident of a Skilled Nursing Facility who has had his or her Patients’ Rights violated to sue the facility and recover a host of damages, including civil penalties of up to $500 per day, attorneys’ fees and costs. The right to bring a section 1430(b) action is a strong statutory right provided for by the legislature, and cannot be waived in an Arbitration Agreement.

One of the most fundamental rights protected by the Patients’ Bill of Rights, the violation of which can trigger a section 1430(b) action, is understaffing. But section 1430(b) protects much more than just “adequate staffing.” It protects the entire Patients Bill of Rights in addition to rights provided for by state or federal regulation. These include, but are not limited to, the right to: be free from mental and physical abuse; be treated with consideration, respect and full recognition of dignity and individuality; retain and use personal clothing and possessions as space permits; organize and participate in resident groups and activities; a safe, clean, comfortable, and homelike environment; a clean bed and bath linens; have the facility develop comprehensive care plans; be free from developing pressure sores; be free from becoming incontinent; maintain acceptable nutrition; maintain proper hydration; and be free from the spread of infections.

Usually mentally debilitated, unable to speak for themselves, and unfortunately many times estranged from family members or not fortunate enough to have family members who constantly watch their caregivers like hawks, many residents do not even know they are deprived of their Patients’ Rights. As a 1998 GAO report declared, “California nursing homes have not been and currently are not sufficiently monitored to guarantee the safety and welfare of their residents.” More recently, in 2008 the GAO stated “it is evident that state survey agency performance limits the federal government’s ability to obtain an accurate picture of how often nursing home residents face actual harm or are at risk of serious injury or death. These missed serious deficiencies most frequently involved Quality of Care, reflecting shortcomings in fundamental provider responsibilities such as ensuring proper nutrition and hydration, accident preventions, and preventing pressure sores.”

If you believe your loved ones have been deprived of their Patients’ Rights, or would like to consult with an attorney about such Rights, please Contact Us immediately.