- From March 26, 2010 to April 1, 2010 and from April 8, 2010 to April 23, 2010 decedent was a 24-hour per day resident and patient of Redlands Healthcare Center, a licensed as a Skilled Nursing Facility under Health & Safety Code §1250.
- At all relevant times, defendant ASH HOLDINGS, LLC and/or one or more Does 1-30 were the Licensee(s) of Redlands Healthcare Center.
- Plaintiff therefore brings this action pursuant to Health & Safety Code §1430(b) and (c) which provide: “(b) A current or former resident or patient of a skilled nursing facility, as defined in subdivision (c) of Section 1250…may bring a civil action against the licensee of a facility who violates any rights of the resident or patient as set forth in the Patients’ Bill of Rights in Section 72527 of Title 22 of the California Code of Regulations, or any other right provided for by federal or state law or regulation. The suit shall be brought in a court of competent jurisdiction. The licensee shall be liable for the acts of the licensee’s employees. The licensee shall be liable for up to five hundred dollars ($500), and for costs and attorney fees, and may be enjoined from permitting the violation to continue. An agreement by a resident or patient of a skilled nursing facility or intermediate care facility to waive his or her rights to sue pursuant to this subdivision shall be void as contrary to public policy. (c) The remedies specified in this section shall be in addition to any other remedy provided by law.”.
- Decedent’s Patient Rights included but were not necessarily limited to the following:.
- The right to receive the care and services needed to attain or maintain her highest practicable physical, mental and psychosocial well-being (42 Code Fed.Reg.§483.25).
- The right to be treated with consideration, respect, and full recognition of dignity and individuality (22 Cal. Adm. Code §72527(a)(11)).
- The right to be free from psychotherapeutic drugs and physical restraints used for staff convenience and to be free from psychotherapeutic drugs used as a chemical restraint (22 Cal. Adm. Code §72527(a)(24)).
- The rights specified in Health & Safety Code §1599.1 including:.
- The right to show evidence of good personal hygiene.
- The right to be given care to prevent bedsores.
- The right to have measures used to prevent and to reduce incontinence.
- The right to receive food and water of sufficient quantity to meet her needs.
- While decedent was a resident and patient of Redlands Healthcare Center her above patient rights were violated as follows:.
- She was not given sufficient water to meet her needs for hydration.
- She was not given adequate assistance to maintain good personal hygiene.
- She was not provide adequate measures to prevent skin breakdown.
- She was not provided measures to prevent or reduce bowel and bladder incontinence.
- She was not treated with consideration, respect, or full recognition or her dignity and individuality and was forced to wear diapers.
- She was not kept free from unnecessary psychotherapeutic drugs which were used by staff for their convenience.
- She was not provided with the monitoring she required as a post-stroke patient who was unable to swallow and had a feeding-tube in order to prevent the known risk of aspiration.
- She was not provided care and services needed to attain or maintain her highest practicable physical, mental and psychosocial well-being.
- As a direct and proximate result of the violations of decedent’s patient rights, she suffered dehydration, loss of human dignity, loss of mobility, fall, skin breakdown, deep tissue injury, emotional and mental distress, choking-aspiration, and ultimately death.
- Decedent is therefore entitled to seek damages from defendants in the amount of $500 for each and every violation of her Patient Rights established at trial.
- Decedent is further entitled to her attorney fees and costs.
- Decedent is further entitled to seek orders from the court enjoining defendants from permitting such violations of Patient Rights from continuing in the future.
The PECK LAW GROUP specializes in personal injury matters relating to Serious and Catastrophic Injury, Nursing Home Abuse and Neglect, Bed Sores, Decubitus Ulcers, and Pressure Sores, Medical Malpractice, Surgery Errors, Traumatic Brain Injury, Birth Injury and Wrongful Death that are determined to be a breach of the standard of care. Our experts and our attorneys have superior knowledge and know how in handling these type of matters from inception to Trial if need be. You will receive superior representation and of course the best possible result based upon our know how and expertise.
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About the Author
Attorney Steven Peck has been practicing law since 1981. A former successful business owner, Mr. Peck initially focused his legal career on business law. Within the first three years, after some colleagues and friend’s parents endured nursing home neglect and elder abuse, he continued his education to begin practicing elder law and nursing home abuse law.