Submit your claim details for a free, no obligation case review.
Get Started:
The second largest nursing home chain in California, Pleasant Care Corp., will pay $1.35 million to the state in a lawsuit settlement, which alleged negligent care and abuse in many of its facilities. Pleasant Care pleaded no contest to the charges of elder abuse.
The suit stemmed from a number of allegations of criminal negligence and nursing home abuse and included more than 160 citations issued by the California Department of Health (DHS) in the last five years.
Last year California Attorney General Bill Lockyer filed the 13-count complaint against Pleasant Care and owner Emmanuel I. Bernabe who owns or has interest in over 30 other facilities in the state. Nursing home regulators have prohibited Bernabe or his partners from buying any more facilities in California and a permanent injunction was approved in March by Superior Court Judge Laura Matz.
In addition to the injunction, Pleasant Care faces future financial sanctions if they fail to provide at least 3.2 hours of nurse staffing for each patient every day, which is required by state law, or if they fail to meet the Registered Nurse staffing level standards set by the terms of the injunction. The corporation will be forced to pay up to $6,000 per violation should they fail to meet the requirements of the permanent injunction.
Furthermore, Pleasant Care has agreed to improve quality care issues, mandatory staff training, and quality of care remedies. A whistle-blower provision has also been included allowing staff members, residents, and other individuals to anonymously report alleged violations or resident abuse.
The corporation will also hire a compliance officer who will ensure that each nursing home meets the terms of the laws.
According to Lockyer’s office, Pleasant Care must “immediately and dramatically improve the quality of care provided to residents occupying the company’s more than 4,300 skilled nursing facility beds.”
“It’s a great outcome for patient care and public health,” said Nathan Barankin, spokesman for Lockyer. However, the lawsuit is separate from the criminal claims that have been filed against the corporation, according to Barankin.
In March, Pleasant Care of Northern California, a subsidiary of Pleasant Care Corp., pleaded no contest to six charges of criminal negligence filed by Attorney General Lockyer. The lawsuit claimed that the corporation provided negligent care to residents at the now closed Napa home. The facility was charged with five misdemeanor counts of elder abuse and one count of intentionally breaching California’s nursing home patient care standards. Pleasant Care was fined the maximum amount of $12,500 Barakin said.
Copyright © 2001 - 2012 Online Lawyer Source
ATTORNEY ADVERTISEMENT—Thank you for your visit. The content published on this website was not written by medical professionals and should not, at any point, be mistaken for medical advice. Furthermore, the information on this site is intended for educational purposes only and should never interfere with a patient/site visitor and his or her healthcare provider. In addition, viewing the content on this website, requesting additional information, or transmitting information through a contact form should never be considered the formation of an attorney-client relationship. The material published on this site is general and may not apply to your specific circumstances. Every case comes with its own set of unique circumstances; past success discussed on this site does not guarantee future performance. Information found on this website should not be used as incentive to act without seeking counsel from a professional. For more information, please read our disclaimer.