Patients' Bill of Rights/Violations
The experienced patients’ rights lawyers at the Law Offices of Ben Yeroushalmi in Los Angeles are dedicated to protecting patients in nursing homes. Contact us if you believe that your or your loved one’s rights have been violated. Our law firm is experienced in nursing home neglect litigation, which almost always involves violations of Patients’ Rights.
Patients at nursing homes are assured certain rights provided by both federal and state statutes and regulations. 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. If you believe that a nursing home has violated this law, you may want to consider calling a patients’ rights lawyer in Los Angeles.
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 regulations. These include, but are not limited to, the right to be free from mental and physical abuse; the right to be treated with consideration, respect and full recognition of dignity and individuality; the right to retain and use personal clothing and possessions as space permits; the right to organize and participate in resident groups and activities; the right to a safe, clean, comfortable, and homelike environment; the right to a clean bed and bath linens; the right to have the facility develop comprehensive care plans; the right to be free from developing pressure sores; the right to be free from becoming incontinent; the right to maintain acceptable nutrition; the right to maintain proper hydration; and the right to be free from the spread of infections.
Many nursing home patients are mentally debilitated, unable to speak for themselves, or are unfortunately estranged or do not have family members to carefully monitor the care being provided. Thus, these patients do not even know they are deprived of their rights. As a 1998 GAO report acknowledged, “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 you or your loved one has been deprived of their rights, you may wish to contact a Los Angeles patients’ rights lawyer. Here at the Law Offices of Ben Yeroushalmi, we have achieved numerous rewards against violations of Patients’ Rights on behalf of our clients. We have even successfully litigated Patients’ Rights violations on a class action basis. Our team of attorneys would like to emphasize the importance of taking legal action against nursing home neglect. Abuse of the elderly in skilled nursing facilities is far too prevalent today, and we need your help to fight against it. Contact us today if your loved one’s rights have been violated, or if you would just like to consult with an attorney about such rights. Our team of nursing home neglect attorneys is prepared to answer any questions that you may have.
The Los Angeles patients’ rights lawyers at the Law Offices of Ben Yeroushalmi have years of experience in litigating nursing home neglect cases involving violations of patients’ rights and have achieved the best results for our clients. Call us at any time at (310) 623-1926 or online for a free consultation with a qualified attorney.