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Calif. Justices Give Nursing Home Win In Patients’ Rights Row

Tiomkin Law Offices of Elliott Tiomkin > Legal News  > Calif. Justices Give Nursing Home Win In Patients’ Rights Row

Calif. Justices Give Nursing Home Win In Patients’ Rights Row

Law360 (August 17, 2020, 10:46 PM EDT) — The California Supreme Court on Monday found that an HCR ManorCare nursing home that acted with “conscious disregard” of an elderly patient’s rights is on the hook for only $500 in statutory damages as opposed to $500 per cause of action, under a state health and safety law.

In a 5-2 ruling, the state’s highest court found that a California law protecting the rights of patients in long-term health care facilities, Health & Safety Code section 1430(b), allows for a maximum award of $500 per lawsuit, rather than $500 for each violation of the statute, as patient John Jarman had claimed….

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