In 2009, California's Department of Public Health reported that 69% of the audited nursing homes did not comply with minimal staffing requirements. With regard to Skilled Nursing Facilities, in particular, our internal examination of government records shows this number is closer to 90%. We find these statistics alarming and appalling.
A Skilled Nursing Facility ("SNF") provides care for residents (i.e., the elderly and younger adults with physical or mental disabilities) who require constant nursing care due to significant difficulties with daily living activities. Residents may also receive physical, occupational, and other rehabilitative therapies following an accident or illness. SNFs are different from "assisted living" programs which provide residents personal care services that allow them to remain independent in their apartments. Since most SNFs are certified to be reimbursed by the federal Medicare program, they must comply with that program's requirement that they have licensed practical or vocational nurses on duty 24 hours a day and a Registered nurse on duty at least 8 hours every day. The State of California also licenses SNFs located within the state, making them subject to California laws addressing adequate staffing levels. Specifically, California law requires that all SNFs provide at least 3.2 hours of actual nursing hours per patient per day. Our investigation reveals that nearly all SNFs have violated this state law, a serious health care issue that we are available and eager to remedy through class action litigation.
Understaffing a SNF is a form of patient abuse and represents a widespread problem in California. Despite these facts, it is vastly underreported; the elderly and/or disabled are oftentimes either too embarrassed or too worried about reprisal to reveal the abuse. Whether they report it or not, strong indicators of neglect (generally through understaffing) exist, such as frequent unexplained injuries (bruises, cuts and grip marks), patient disorientation or grogginess (which may indicate the misuse of medication), fear and edginess in the presence of the caregivers, and malnutrition and/or a decline in personal hygiene. Even where none of these signs are present, SNF understaffing can still result in a deeply depressed living condition where the patient is left alone and ignored, sometimes for hours or even days on end.
While our law firm is constantly investigating claims such as these, we cannot address SNF understaffing without the help of people determine to stop patient abuse. If you are a SNF resident or know someone who is, you can help. Specifically, any current or former resident may bring a civil action against the facility which fails to provide an adequate number of qualified personnel to assist residents. These lawsuits can also include a claim for false advertising if the SNF claimed to be in compliance with the law. Moreover, since these violations generally affect a large number of people similarly, they are ideal as class actions. Finally, anyone (e.g., a family member) who has paid for SNF services for another person may have a claim such as breach of contract and/or false advertising. To determine if any one of the hundreds of California SNFs has violated these staffing laws, we urge you to contact us for an absolutely free consultation at (510) 891-9800 or click here to submit a claim in confidence.
