Big Win On Damages Now Big Loss.

79-year-old resident of a nursing home fell nine times in five weeks, usually while getting out of bed to go to the bathroom. The last time, he had to undergo brain surgery for a subdural hematoma suffered as a result of hitting his head, and later suffered a stroke. He filed a complaint for elder abuse. On his cause of action for violation of the Patient’s Bill of Rights under Health and Safety Code section 1430(b), the jury found the facility was understaffed. On his negligence cause of action, the jury found comparative negligence and on his elder abuse claim, the jury found by clear and convincing evidence his injury was the result of reckless neglect. The jury awarded $1,191,007.90 for past medical expenses, $200,000 for future medical expenses, and $3,000,000 in general damages. The court awarded $7,000 as penalties [$500 for each of the 14 deficiencies found] under § 1430(b) and $952,142.50 in attorney fees. The appellate court concluded the court abused its discretion in admitting into evidence a citation issued by the state Department of Public Health, and reversed all damages in excess of those awarded under § 1430(b), that “the $500 maximum in section 1430, subdivision (b) applies per civil action rather than per violation.” The award of attorney fees was also reversed with instructions for the trial court to award reasonable fees on remand. (Nevarrez v. San Marino Skilled Nursing and Wellness Centre (Cal. App. Second Dist., Div. 4; November 4, 2013) 221 Cal.App.4th 102, [163 Cal.Rptr.3d 874].)