California Nursing Facility Unable to Dodge Understaffing Claims

A nursing home resident got the go-ahead to proceed with a lawsuit alleging that the facility’s “chronic understaffing” led to violations of residents’ rights.

The primary jurisdiction doctrine didn’t bar Erma Parker’s suit against Country Oaks Partners LLC, the US District Court for the Central District of California said in an opinion denying the facility’s motion to dismiss. The doctrine applies when a claim that may be heard in court is also subject to a regulatory scheme enforced by an administrative agency, the court said.

Parker’s complaint against Country Oaks contained enough details about the who, what, when, where, and ...