Though our San Diego Elder Abuse Act lawyers have an in-depth knowledge of California elder abuse law, we feel that it is important for all individuals to know their rights and educate themselves of their legal options. In California, residents and patients of care facilities, including Skilled Nursing Facilities, Intermediate Care Facilities, and Transitional Care Facilities, are afforded additional rights and protections, which are codified under state laws. Under Health and Safety Code §1430(b), a care facility resident may bring a civil action against that facility’s operator for violation of any of the rights stated in Title 22 of the California Code of Regulations §72527. If any of the stated protections have been violated, regardless of the circumstances, the care facility is liable for up to $500.00 per violation per day, and the victim may also recover attorney’s fees and litigation costs incurred for prosecuting a claim under Health and Safety Code §1430(b).
Health and Safety Code §1430(b) states as follows:
“A current or former resident or patient of a skilled nursing facility, as defined in subdivision (c) of Section 1250, or intermediate care facility, as defined in subdivision (d) 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 up to five hundred dollars ($500), and for costs and attorney fees, and may be enjoined from permitting the violation to continue…”
If you suspect that a family member or loved one has had their resident or patient’s rights violated, please contact a California Elder Abuse Act attorney at Berman & Riedel, LLP, to discuss your legal options. Our attorneys can offer knowledgeable and experienced advice on how to best protect your legal rights with regard to this complex area of the law
If a violation of rights has caused a severe bed sore (decubitus ulcer) due to a lack of the proper care you deserve, contact a San Diego bed sore attorney at our firm today with the details of your scenario. Though bed sores are a common result of elder abuse in nursing homes, our attorneys handle a wide array of elder abuse cases and would be happy to discuss your case no matter what it’s about. Contact a San Diego Elder Abuse Act lawyer at Berman & Riedel, LLP to learn about your legal options.