Resident Rights in California Nursing Homes

CA Nursing Home Group Tries to Limit Resident Rights

SACRAMENTO, CA — December 6, 2002 — Under the banner of so–called tort reform, the California Association of Health Facilities (CAHF) is urging the legislature to restrict the rights of nursing home residents by limiting the amount of damages that they may claim in lawsuits. This industry group of for–profit nursing homes also seeks to cut back the use of government quality assurance and compliance reports in elder abuse cases (Contra Costra Times; November 9, 2002, November 15, 2002). At present, these reports can be used to show a pattern of elder abuse. Eliminating them as evidence would allow a nursing home to easily claim that any incident of elder abuse or neglect represents an isolated event.

In a letter to the organization’s members, CAHF President James Gomez bemoaned the rising cost of nursing home insurance premiums. Presumably, the group considers limiting nursing home resident lawsuits the way to balance the problem of higher premiums. But these increased insurance costs are at least partially due to years of providing poor nursing home care, the patient consumer group California Advocates for Nursing Home Reform points out. It suggests that facilities can avoid claims by “following the law, providing decent care and not neglecting and abusing residents.” It also recommends establishing better risk reduction programs, including warning alert systems to keep impaired residents from wandering into danger.

The CAHF campaign comes at a time when more than 75% of California nursing homes failed to meet federal health and safety standards, 44% did not comply with the state’s minimum nurse staffing requirements, and nursing home employee turnover rates are at a record high (see Most California Nursing Homes Don’t Meet Standards). Perhaps the money slated for a campaign to curtail the legal rights of nursing home residents would be better spent on improving patient care.

At Brayton Purcell, we keep up with the latest cases, laws, and proposed legislation in the elder abuse field. Should you have a question about the legal rights of your elderly loved one, please feel free to contact us. We are experienced in all facets of elder abuse law, including nursing home violations and inadequate pain management issues.

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