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Court Ruling Is a Win for Nursing Home Patients: Daily Journal Article

Garcia & Artigliere

A recent ruling set a precedent for nursing home patients who have fallen victim to abuse. In Jarman v. HCR Manorcare, Inc, the 4th District Court of Appeal ruled that in an action for violations of a patient’s rights pursuant to Health and Safety Code Section 1430(b), a plaintiff may recover up to $500 per cause of action under the statute.

In their Daily Journal article “Ruling is a Win for Vulnerable Nursing Home Patients,” Partners Stephen Garcia and David Medby examine previous rulings on statutory damages.

In Nevarrez v. San Marino Skilled Nursing and Wellness Centre (2013) and Lemaire v. Covenant Care California, LLC, (2015), courts argued that statutory damages were limited to $500 per lawsuit. “Applying the primary right theory, the Jarman court states that Nevarrez incorrectly presumes the only options for awarding damages under section 1430, subdivision (b), would be ‘per violation’ and ‘per lawsuit’,” writes Garcia.

“A third option exists, which is to award statutory damages on a ‘per cause of action’ basis,” adds Medby.

Jarman v. HCR Manorcare, Inc, corrects the legal missteps of Nevarrez and Lemaire, and provides vulnerable nursing home patients with a valuable tool to vindicate their rights consistent with longstanding legal principles.

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