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Richard v. Louisiana Extended Care Centers3/6/2002
ble to a resident and to the Department of Health and Hospital or other governmental agencies" for the violations of any resident's rights as specified in La. R. S. 40:2010.8. The rights delineated in this provision are numerous but include "the right to receive adequate and appropriate health care and protective and support services..."
I am not at all convinced this provision, in particular, requires us to find harmony between the statutes or to declare a conflict exists. The legislature when adopting the Nursing Home Residents' Bill of Rights was clearly attempting to protect the rights of the elderly and other residents when housed at nursing homes to be treated with dignity and to receive the same medical care available to the population at large without deprivation because of their aging or special status. It is the latter "status" evil the Nursing Home Bill of Rights seeks to address. If the denial of adequate or appropriate health care results from the resident's "status," whether it is the consequence of a negligent or intentional act, the remedies provided in the Nursing Home Bill of Rights are available. I, therefore, disagree with the Majority's affirmance of the trial court's dismissal of plaintiff's negligence claims to the extent they may arise as a result of her "status" at the nursing home.
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