Patients' Bill of Rights/Violations
The experienced nursing home neglect and nursing home negligence attorneys at the Law Offices of Ben Yeroushalmi are dedicated to protecting the rights of patients in nursing homes. If your loved one’s rights have been violated, you shouldn’t have to worry about the legal implications. Leave that to us. Our law firm is experienced in nursing home neglect litigation, which almost always involves violations of Patients’ Rights.
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 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.
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 carefully monitor the care being provided, 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.”
Here at the Law Offices of Ben Yeroushalmi, we have achieved numerous rewards against violations of Patients’ Rights on behalf of our clients. We even successfully litigate Patients’ rights violations on a class action basis, which requires tremendous knowledge, resources, and experience. If you believe your loved one has been deprived of his or her Patients’ Rights, please do not hesitate to call us. Our team of elder abuse specialists would like to emphasize to you 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.