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California Court of Appeal


Lemaire v. Covenant Care California, B248672

In this case, judgment was entered in favor of plaintiff and plaintiff was awarded $270,000 in statutory damages because defendant violated regulations requiring it to maintain complete and accurate medical records at its nursing care facility (Health null; Safety Code section 1430(b)). The judgment is: 1) affirmed in part, where patients may sue nursing facilities under section 1430(b) for violation of federal and state regulations requiring complete and accurate healthcare records; 2) reversed in part, where statutory damages under section 1430(b) may not exceed $500 per action; and 3) remanded, where the award of attorney fees and costs must be redetermined.

Appellate Information

  • Decided 02/23/2015
  • Published 02/23/2015

Judges

  • Gilbert

Court

  • California Court of Appeal

Counsel

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