In a landmark opinion that recognizes a new category of lawsuits, the 3rd U.S. Circuit Court of Appeals has ruled that the Federal Nursing Home Reform Amendments give residents of county-run nursing homes the right to bring civil rights claims under Section 1983 to challenge the quality of their treatment.
"The language used throughout the FNHRA is explicitly and unambiguously rights-creating," U.S. Circuit Judge Richard L. Nygaard wrote in his 23-page opinion in Grammar v. John J. Kane Regional Centers.
"These provisions make clear that nursing homes must provide a basic level of service and care for residents and Medicaid patients," Nygaard wrote in an opinion joined by U.S. Circuit Judge D. Brooks Smith.
The ruling revives a suit brought by the administratrix of the estate of Melvinteen Daniels that says the 80-year-old mother of eight died in an Allegheny County, Pa.-operated nursing home as a result of neglect, malnourishment and bed sores that were so severe they led to a fatal case of sepsis.
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