Personal Injury Lawyer Blog
The following blog entry is written to illustrate a common motion filed during civil litigation. Reviewing this kind of filing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse lawsuit and its proceedings.)
Plaintiffs’ Section 1430(b) Claim
Legal Background
Section 1430(b) creates a private right of action for residents of ABC nursing facilities to recover up to $500 for each facility’s violation of any state or federal law or regulation. Under plaintiffs’ single enterprise allegations, all defendants are jointly and severally liable for their violations of Section 1430(b) and the other claims asserted.
Plaintiffs’ Section 1430(b) claim is predicated on defendants’ violations of both (1) Health & Safety Code section 1276.5, which requires each facility to provide a minimum of 3.2 nursing hours per patient (3.2 PPD), and (2) Health & Safety Code section 1599.1, which imposes the additional obligation to employ an adequate number of qualified personnel (including nursing personnel) to carry out all of the functions of the facility.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
In short, while Section 1276.5 establishes a bare minimum staffing requirement of 3.2 PPD, Section 1559.1 imposes an overarching requirement to employ an adequate number of qualified nursing staff. Thus, by definition, the failure to meet the 3.2 PPD requirement violates both Sections 1276.5 and 1599.1. But as plaintiffs’ experts will testify, merely providing the minimum staffing required by law does not necessarily constitute adequate staffing under Section 1599.1. Plaintiffs’ experts will testify that nursing facilities that target higher acuity (higher need) residents–as ABC does– must provide more than the bare minimum 3.2 PPD to meet basic resident needs. (See Part 3 of 7.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.