Undisclosed
Settlement
TCPA class action against the Los Angeles Times. Final approval granted 2014.
According to a recent California Appellate Court decision, California hospitals can officially be held liable for instances of maligious or negligent harm caused by their employees. This revolutionary decision should incentivize medical institutions to better protect vulnerable older patients.
It’s particularly important because, according to AARP, as many as 2.1 million Americans are victims of elder abuse every year. The new decision should allow the victims and their families in California to take action not only against their abusers but also against the institutions that allowed them to be harmed. Keep reading to learn more about the landmark case, how it will impact California’s elder abuse laws, and how you can protect your family from hospital abuse.
Samantha B. v. Aurora Vista del Mar
The Samantha B. v. Aurora Vista del Marcase began when two elderly women who had been patients at the Aurora Vista del Mar psychiatric hospital in Ventura filed a lawsuit against both the hospital and one of its employees. The plaintiffs alleged that they were raped by a mental health worker hired by the hospital. Their case was brought on the grounds of both professional negligence and a breach of California’s Elder Abuse Act.
During the case, evidence showed that the healthcare worker who allegedly abused the women had been hired by the hospital despite a known history of sexual misconduct. According to the court, the accused was given the nickname “Rapey Juan” by his coworkers.
Furthermore, the CEO of Aurora Vista del Mar admitted that she knew of the accused’s history of sexual misconduct before hiring him and of misconduct that occurred after his employment. Despite this knowledge, the CEO did not follow legally mandated reporting requirements until over a year after it happened and had already become public knowledge.
In addition, other hospital employees reported that the psychiatric ward was regularly understaffed. The hospital also staffed unlicensed mental health workers such as the accused instead of licensed nursing assistants and did not provide suitable training or supervision for these workers.
As a result, the district court jury found that the accused had committed abuse, and the hospital had been negligent in hiring and failing to supervise him. They awarded the plaintiffs a total of $6.75 million in pain and suffering damages.
Aurora Vista del Mar’s Appeal
The defendants appealed the ruling, claiming that the award exceeded California’s Medical Injury Compensation Reform Act (MICRA) damage cap. This cap applies to medical malpractice pain and suffering damages, limiting awards for non-economic damages to $250,000. However, the plaintiffs argued that their case claim was not medical malpractice but rather elder abuse.
The Second District Court of Appeal sided with the plaintiffs. The court ruled that not only can hospitals be held liable for the actions of their employees but also that pain and suffering awards to surviving victims of non-malpractice harm at hospitals are not subject to the medical malpractice damages cap.
Impact of the Ruling
The ruling will make a significant difference for older adults in California. By clarifying that medical institutions are responsible for the actions of their employees, the Second District Court of Appeals has reinforced the idea that hospitals must proactively monitor their staff to prevent harm.
Furthermore, the ruling also specifies that sexual abuse is not considered medical malpractice, which means it is never under the jurisdiction of MICRA. Victims don’t have to worry about facing limiting damage caps that prevent them from holding institutions accountable for egregious sexual assaults. Instead, they can pursue high damage awards to make large institutions think twice about ignoring abusive staff.
How to Protect Your Family from Elder Abuse
Despite this case, elder abuse in medical facilities is still far too common in California. If you’re concerned that a family member may be being abused, you can protect them by taking actions like these:
- bruising or injuries, rapid weight loss, a lack of hygiene, or a sudden shift in their financial behavior. Any of these can be a sign of neglect or abuse by someone in their life, including a medical worker.
Protect and Fight for Loved Ones Suffering from Elder Abuse
No one deserves to suffer neglect or abuse in their golden years. If you or a loved one is over the age of 65 and suffering from hospital abuse, you can and should fight back. The Samantha B. decision reaffirms that not all harm caused in a hospital is medical malpractice, making it easier to file abuse claims against negligent medical facilities.
You can further improve your chances of success by working with an experienced elder abuse lawyer. The team at the Law Offices of Todd M. Friedman, P.C., is available to help you build your case. Start fighting back against the neglect and abuse of vulnerable adults by scheduling your consultation today.
