Elder Abuse And Patient’s Bill Of Rights.

A 79-year-old patient in a licensed nursing home fell nine times in 35 days while getting out of bed to go to the bathroom. On the ninth occasion, nurses reached his room two minutes after the bed alarm went off. While one nurse was turning off the alarm and the other stood in the doorway, the patient lost his balance in the bathroom, hit his head on the wall and fell. After the fall, he had to undergo brain surgery for a subdural hematoma and later suffered a stroke. The patient filed an action alleging elder abuse [Welfare and Institutions Code section 15600], violation of the Patient’s Bill of Rights [Health & Safety Code section 1430], willful misconduct, and criminal elder abuse [Penal Code section 368]. The facility had self-reported the patient’s injury to the Public Health Department and an investigator issued a citation along with a list of deficiencies, both of which were admitted into evidence. A jury awarded the patient almost $1.2 million for past medical expenses, $200,000 for future medical expenses and $300,000 for general damages. On appeal, the appellate court found the trial court erred when it admitted the citation and statement of deficiencies into evidence. Finding there was a miscarriage of justice as a result of the error, the elder abuse portion of the judgment was reversed, but because the error did not affect the jury verdict on the Patient’s Bill of Rights, that portion was affirmed. Nevarrez v. San Marino Skilled Nursing and Wellness Centre  (Cal. App. Second Dist., Div. 4; June 5, 2013) 216 Cal.App.4th 1349.