§ 40:2010.9 — Civil enforcement

Louisiana § 40:2010.9

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§2010.9. Civil enforcement
A. Any resident who alleges that his rights, as specified in R.S.
40:2010.8, have been deprived or infringed upon may assert a cause of action
for injunctive relief against any nursing home or health care facility
responsible for the alleged violation. The action may be brought by the
resident or his curator, including a curator ad hoc. The action may be brought
in any court of competent jurisdiction to enforce such rights or to enjoin any
deprivation or infringement on the rights of a resident. Any plaintiff who
prevails in such action shall be entitled to recover reasonable attorney fees, and
costs of the action, unless the court finds that the losing plaintiff has acted in
bad faith with malicious purpose, and that there was an absence of a justiciable
issue of either law or fact, in which case the court shall award the prevailing
party his reasonable attorney fees.
B. The remedies provided in this Section shall not be construed to
restrict other legal and administrative remedies available to a resident and to
the Louisiana Department of Health or other governmental agencies.
C. Any claim brought pursuant to R.S. 40:2010.8 et seq. shall be filed
in a court of competent jurisdiction within one year from the date of the
alleged act, omission or neglect, or within one year from the date of discovery
of the alleged act, omission or neglect; however, even as to claims filed within
one year from the date of such discovery, in all events such claims shall be
filed at the latest within a period of three years from the date of the alleged act,
omission or neglect. The provisions of this Section shall apply to all persons
whether or not infirm or under disability of any kind and including, but not
limited to, minors, interdicts and all persons adjudicated to be incompetent of
handling their own affairs.

Legislative History

Added by Acts 1985, No. 734, §1, eff. July 17, 1985. Acts 1995, No. 1148, §1; Acts 2003, No. 506, §1.