Thursday, August 14, 2014
A case decided by the California Court of Appeals last year that narrowed the interpretation of the Patient's Bill of Rights, has been denied review by the California Supreme Court. In Samuel Nevarrez v. San Marino Skilled Nursing and Wellness Centre, et al., an elderly man sued the nursing home that he was a former resident of for elder abuse regarding injuries from multiple falls. The nursing home was issued a class A citation by the California Department of Public Health as a result of the incident. The appeals court ruled that evidence of the citation should not have been allowed into evidence and that the $7,000 jury award was excessive, because the statutory cap for damages for a violation of the Patient's Bill of Rights is $500 total not per incident.
See Jonathon E. Cohn & Pamela Shu, California Court of Appeal Limits Scope of Patient Rights Claims in Elder Abuse Cases, Mondaq, Aug. 12, 2014.