Calif. court rules residents may sue SNFs for inadequate staffing
A California appeals court recently ruled that the representatives of current and former residents at 16 nursing homes in Alameda County have the right to sue operator Covenant Care for failing to provide adequate nursing levels, according to a news report.
In California, facilities are required to provide 3.2 hours of nursing care per day. The resident group alleges that in a four-year span (2006-2010), Covenant Care was in violation of that regulation at least 35 percent of the time.
While the plaintiffs’ may be eligible for damages for each violation, their attorney, Aaron Winn, says that the main goal is to have the company compliant with the regulation.
Covenant Care’s position is that only the California Department of Public Health is authorized to enforce the regulation on nursing hours.