California Court of Appeal Confirms Limited Recovery Under Health & Safety Code Section 1430(b)
* The following alert was originally published in California Healthcare News (CHN). To read it on the CHN website, click here.
In the recent case of Lemaire v. Covenant Care California (2015) LLC., 234 Cal.App.4th 860, the California Court of Appeal confirmed its prior holding that a plaintiff’s recovery under Health and Safety Code section 1430(b) was limited to $500, regardless of the number of violations involved (See Nevarrez v. San Marino Skilled Nursing and Wellness Centre (2013) 221 Cal.App.4th 102.) Further, for the first time, the Court of Appeal expressly stated that a plaintiff can pursue an action under 1430(b) for deficient medical recordkeeping standing alone.
* This article was also published in the Health Care Counsel blog. To read it there, click here.