California Court Reinstates Nursing Home Abuse Lawsuit
August 19, 2012
A lawsuit against a California nursing home chain over failure to provide adequate staffing has been reinstated by an appeals court. The appeals court said patients can sue nursing homes for violating the California nurse-staffing requirements.
The lawsuit was filed against Covenant Care nursing homes by a group of residents who claim that over a four year period 16 nursing homes in Alameda County did not meet the California staffing requirements 35 percent of the time.
The case was previously dismissed when a Superior Court judge ruled that only state regulators had the authority to enforce the staffing requirement. However, the 1st District Court of Appeal in San Francisco said that when the requirement of 3.2 hours of care per day to each patient is not met at nursing homes residents can indeed sue for the violation.
Perhaps the single biggest cause of nursing home abuse and neglect is nursing homes favoring profits over patient care and not providing adequate staffing and quality care. What results is everything from bed sores to physically abusive staff.
We advise anyone concerned that a loved one is being abused in a nursing home to contact a nursing home abuse lawyer and stand up for your rights.