Cochrum v. Costa Victoria Healthcare, LLC (July 12, 2018, G052934) __ Cal.App.5th __ [2018 WL 3751397], ordered published August 8, 2018
Harvey Cohoon resided at a skilled nursing facility while he underwent cancer treatment. After he was observed having difficulty swallowing, he was placed on a restricted diet, but this change was not communicated to the kitchen. During his next meal, Cohoon aspirated on his food and ultimately passed away. His next of kin filed suit against the facility for elder abuse, negligence, and wrongful death. The jury returned a verdict for plaintiff on all three counts. The trial court granted defendants’ motion for judgment notwithstanding the verdict on the elder abuse claim, concluding that there was insufficient evidence of recklessness. The trial court also concluded that MICRA’s cap on noneconomic damages applied to the nursing facility, but not its parent company. Both sides appealed.
The Court of Appeal affirmed. As to the elder abuse claim, the court first noted that plaintiff failed to show the nursing facility was reckless in its care. Plaintiff pointed primarily to understaffing at the facility as proof of recklessness, but the court noted that the facility met the legally minimum staffing level, and that there was no evidence that staff shortages had contributed to patient safety issues. The Court of Appeal did caution, however, that “understaffing could amount to recklessness if it is sufficiently egregious.” Turning to defendants’ cross-appeal, the court noted that MICRA’s cap on noneconomic damages applies only to a “health care provider.” While the nursing facility itself was a health care provider, the administrator from the facility’s parent company responsible for understaffing the facility was not. Thus, MICRA’s noneconomic damages cap applied only to the portion of the damages award assessed against the nursing facility and not to the award as a whole, which included damages against the parent company for its direct negligence.
Prepared by H. Thomas Watson and Peder K. Batalden, Horvitz & Levy, LLP
California Society for Healthcare Attorneys
1215 K Street, Suite 800
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