Nursing Home Lawsuits: Plaintiffs Can Sue For Rights Violations – SCOTUS
Examining nursing home lawsuits, the U.S. Supreme Court has ruled that nursing home residents have the right to sue government-run nursing homes for violations of their federal rights. Federal law provides residents with an extensive list of rights that are not well enforced by state enforcement agencies.
There has been an ongoing dispute about whether or not patients could use provisions of the Federal Nursing Home Reform Act (FNHRA) to maintain lawsuits using federal law against state-owned nursing homes. The Supreme Court ruled that the federal statutes created an unambiguous right for families to bring these lawsuits.
Ruling is Limited to Nursing Home Lawsuits Involving State-Operated Facilities.
The issue SCOTUS was deciding is limited to case where the plaintiff is bringing a nursing home lawsuit under a federal §1983) that addresses state-conduct. Thus, although the decision is a victory for families in state-run facilities, it does not address the thousands of residents who live in private, for-profit nursing homes:
“[T]he Court rejects any speculation that because Congress knew most nursing homes are private entities not subject to suit under §1983, the FNHRA’s re- medial scheme “necessarily reflects Congress’s judgment that these administrative enforcement mechanisms appropriately protect the rights the statute confers…”
In California our firm brings nursing home lawsuits using the state’s Elder Abuse Act, as well as statutory claims involving the Patient Bill of Rights. Federal regulations do become important because they set the “standard of care” that Sacramento nursing homes are required to follow. Sacramento elder abuse attorney Sean Laird argues that the jury should be able to consider a facility’s failure to follow federal regulations in determining whether the facility was negligent in providing for a resident’s needs.
If you feel like your loved one was neglected or that a facility was not following regulations that led to your loved one’s injuries, please contact us immediately for a free consultation.
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