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State and Federal Nursing Home Regulations

On Behalf of | Jun 12, 2013 | Articles

When we place our loved ones in a nursing home, we expect them to receive a certain standard of care and also be treated with dignity and respect. Unfortunately, this does not always happen, and sometimes residents of nursing homes are subjected to nursing home abuse or neglect. This kind of mistreatment can occur for a variety of reasons, from understaffed facilities to malicious caregivers. No matter what the reason, there is no excuse for nursing home abuse or neglect, and the results of either can be devastating for both nursing home residents and their families. The injuries that elderly abuse can cause can be both physical and psychological, and may entitle the injured parties to significant compensation through a California nursing home malpractice lawsuit. Anyone who suspects that nursing home abuse or neglect is occurring should call the California Department of Public Health to initiate an investigation, and also contact an attorney that has experience handling cases dealing with nursing home abuse. The attorneys of Makarem & Associates are dedicated to helping nursing homes residents and their families recover for their injuries and hold the parties responsible liable.

Nursing homes and other long term care facilities are regulated by both state and federal law, and any noncompliance with these regulations may create legal liability for any injuries caused. The federal law that governs nursing homes’ residents’ rights was attached to the Omnibus Budget Reconciliation Act of 1987, and enumerates several rights of nursing home residents. These rights include:

  • Dignity
  • Privacy
  • Freedom from discrimination
  • To be informed of medical care and treatment
  • Pecuniary rights
  • Visitation
  • Complaint
  • Protection against transfer and unfair discharge

California law goes further to protect residents, with provisions such as prohibiting facilities from requiring advance notice of discharge or not transferring or discharging a patient for switching to Medi-Cal. The state agency that regulates California nursing homes is the California Department of Public Health Licensing and Certification Division, which is responsible for making sure that nursing home facilities comply with state law. The agency has separate and concurrent jurisdiction with federal regulators, and works in conjunction with them to ensure compliance with federal law.

Contact Makarem & Associates for a free consultation

If you or a loved one has been the victim of nursing home abuse or neglect, you should contact an experienced elderly abuse attorney as soon as possible to determine whether you have a claim. The injuries that nursing home residents can sustain as a result of nursing home abuse or neglect can be very serious and may even be fatal. As a result, it is important that the party or parties responsible for the injuries be held liable. Potential damages in a nursing home abuse lawsuit could include compensation for medical expenses, pain and suffering, property damage, or loss of quality of life, among others. Attorney Ron Makarem has represented several clients in nursing home malpractice lawsuits, including in an action against Casitas Care Center Nursing Home in Granada Hills. In order to schedule a free consultation with one of our attorneys, contact us today by calling (310) 312-0299 or via email at [email protected].