Patients' Bill of Rights/Violations

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.

Client Reviews
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Excellent staff and the epitome of genuine, honest, and beyond helpful. I was lost and running out of time until I found Yeroushalmi law office. I am beyond grateful and had the pleasure of working with such amazing people who look out for your best interest.
★★★★★
Ben Yeroushalmi accepted my case with much understanding and patience. He went above and beyond with the defense lawyers to reach a fair settlement. He explained the complete case process (as I had never filed a case with anyone) Ben kept my sister and I notified of every email or correspondence he had with the opposing council. Gloria
★★★★★
Ben is an outstanding litigator, and human being. He took on our case, as if it was his own. He paid close attention to details. His guidance was invaluable. He was very clear and concise, in explaining all potential scenarios to us. He spoke eloquently, and straight to the point at all times. Ben is a true professional, with a passion for his craft. Anonymous review
★★★★★
I had a heartfelt and memorable experience with Ben , very genuine and I can tell he loves what he does. His determination shows beautifully and it is amazing. In my opinion it is very rare you find people who love what they're doing and it shows. Not wanting to get religious on an review but, God introduced me to Ben for a reason. Summer
★★★★★
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★★★★★
All around GREAT experienced under the circumstances. Special thanks to Devon Wright she did exceptional work for our case. Anonymous review
★★★★★
Mr Yeroushalmi was our lawyer for a case involving my mother who was a victim of elderly abuse while in a nursing home. He and his team did an excellent job. My mother was able to live comfortably for the remaining years of her life due to the results of our case. I highly recommend Mr Ben Yeroushalmi. Danny
★★★★★
Mr. Yeroushalmi had provided his legal services for my father's medical injury case. Through mr. Yeroushlmi's excellent services, my family could make informed decisions during the entire course of legal proceedings. Thanks for the professional and responsive services. I strongly recommend Mr. Yeroushimi as your legal advisior. He is the one you can rely on. Thanks. Samuel
★★★★★
Mr. Yeroushalmi provide excellent representation After my husband passed away from complications due to Alzheimer's. It was a complex case and I was always informed of the progression of the case. The office staff offers the personal touch and patience with my constant phone calls and questions. I highly recommend Ben and his staff if you are looking for an aggressive attorney with high ethics and great attention to details. Terry