Saturday, July 6, 2013

Elder Abuse Damages Capped at $500

In California, a violation of the Patient's Bill of Rights carries a penalty of just $500.  Seem low?  Well, that's not all.

A new appellate opinion, Nevarrez v. San Marino Skilled Nursing, confirms that "$500 is the maximum that can be recovered in a civil action under this provision, regardless of how many rights are violated or whether such rights are violated repeatedly."  

Yes, a resident can still sue for tort damages.  But the extremely low civil penalties amount sends a very bad symbolic message.

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