In a wrongful death action against a skilled nursing facility, the jury found for the facility with regard to the health care issues. But the jury found for the daughter of the deceased on a health care records issues. It found the facility did not provide 1) “complete and accurate health records” and 2) “meaningful and informative nurses’ progress notes as often as the patient’s condition warrants.” It found 468 violations of the first category, 72 in the second. It awarded $500 statutory damages for each “violation.” (Health & Safety Code section 1430, subdivision (b). The trial court entered judgment against the facility for $270,000 as statutory damages. (§ 1430, subd. (b).) It awarded the daughter $841,842 in attorney fees and $26,327.45 in costs. The appellate court reversed in part and affirmed in part, holding patients may sue nursing facilities under § 1430(b), but statutory damages may not exceed $500 per action. With regard to the attorney fee award, the appellate court remanded the case for redetermination in light of its reversal of most of the statutory damages, since success or failure must be considered when deciding the amount of attorney fees. (Lemaire v. Covenant Care California, LLC (Cal. App. Second Dist., Div. 6; January 27, 2015) (Ord. Pub. February 23, 2015) 234 Cal.App.4th 860, [184 Cal.Rptr.3d 121].)
