Makas v. Hillhaven, Inc., 589 F. Supp. 736 (M.D.N.C. 1984)

Court rejecting negligence per se claim based on a standard of care defined by the Nursing Home Patient's Bill of Rights in GS 131E-117.
"The Nursing Home Patients' Bill of Rights is a laudable statement of policy and requirements imposed on licensed nursing homes with a remedial enforcement scheme which provides for injunctive relief and/or license revocation and administrative penalties. It may be relevant in a negligence case to show very generally a patient's expectations from a nursing home, but it is not a substitute, through the doctrine of negligence per se, for the well established standard of care to be applied in negligence actions for damages against health care providers."

Topics: 
Health Information

Type:
Federal case