California Court of Appeal

Judgment for plaintiff in suit alleging negligence, elder abuse based on reckless neglect and violation of the Patient's Bill of Rights is: 1) affirmed in part as to the jury's verdict on the Patient's Bill of Rights, where there was no error in the trial court's rejection of defendants' jury instruction on clear and convincing evidence and in its refusal to instruct the jury with state regulations on the use of restraints in nursing homes; but 2) reversed in part, and remanded where a) the trial court abused its discretion in admitting into evidence a class A citation and a statement of deficiencies issued by the state Department of Public Health (DPH) against defendant San Marino, b) the erroneous admission of the citation prejudiced the jury verdict on negligence and elder abuse but not the verdict on violations of the Patient's Bill of Rights, c) the civil penalties exceed the amount authorized by Health and Safety Code section 1430(b), and d) the award of attorney fees is also reversed.

Appellate Information

• Decided 06/05/2013
• Published 06/05/2013

Judges

• EPSTEIN

Court

• California Court of Appeal

Counsel