Legal Question in Disability Law in California
Staph Infection
My mother-in-law is in an assisted living
facility. She developed a colonization of
MRSA (Staph infection). The facility found
out about the infection a week ago, and they
kept her in isolation in her room. Now, they
are telling her she has to move out to a
nursing home, immediately.
They have a nursing home facility on site,
but it is now full.
Her husband has been in the hospital for a
month, and he coded this morning.
Putting up with the stress of moving, on
top of the stress of dealing with her sick
husband, would be too much for her to handle.
According to my research on the CDC site,
and the ADA site, forcing her to move out
is a violation of her rights under
the ADA law.
Are her rights being violated by forcing
her to move, and if so, what are the options
to prevent it or recover damages?
1 Answer from Attorneys
Re: Staph Infection
The issue may be more basic than the one you raise. Assisted living facilities are fine for people who are still somewhat independent, but they are not equipped to meet the needs of those who require a higher level of medical or skilled nursing care. It is against the law for such facilities to rent to people they cannot care for. The facility could lose its license and be held liable, if the resident dies or suffers due to inadequate care.
The facility in question may have no choice. You should contact your local social service ombudsman and work with him or her to explore what options are available.
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