Imagine being admitted to the hospital to treat an illness or an injury. When you leave, your landlord tells you that you cannot reenter your home. You’ve been evicted, without any notice or without any other place to go. Unfortunately, thousands of elderly nursing home residents find themselves in this situation every year.
In most cases, it is a violation of federal regulations to evict such residents. However, states rarely enforce these laws. Some California residents have taken matters into their own hands, suing the state in the hopes that they can get a federal judge to force them to enforce the regulations.
One of the plaintiffs in the lawsuit is Bruce Anderson. He currently resides in a hospital room at Sutter Medical Center. He’s lived there since May 25, 2015. His former nursing home sent him to the hospital to be treated for pneumonia. After he was cured and set to be released, his former nursing home refused to readmit him.
Bruce Anderson has a severe brain injury stemming from a heart attack that left his brain without oxygen for several minutes. The heart attack happened when he was just 55 years old. He’s lived in nursing homes ever since.
His former nursing home, Norwood Pines Alzheimers Care Center, stated that Bruce was combative and a danger to other patients and staff. This would have given the facility legal reason to discharge him. However, they have never pursued this avenue in the four years that he lived there.
His daughter, Sara Anderson, appealed to the California Department of Health Care Services, the agency which oversees Medicaid, for the nursing home to readmit her father. She won. The nursing home still refused to readmit him.
Thus, the lawsuit.
California officials refused to comment on the lawsuit. However, in their motion to dismiss it, they claim that residents already have several other avenues open to them. However, records show that state agencies rarely enforce these rules. On average, only 11 nursing homes a year are fined for wrongly evicting residents. The fines average just $2,000.
If you or someone you love believe they have been the victim or nursing home neglect or abuse, contact the law offices of John Foy & Associates. The “Strong Arm” attorneys will work hard to get you the compensation you deserve. Contact us today.