Plaintiffs were the surviving children of a mother who they believed was abused while a patient at a nursing home.
Plaintiffs alleged that the nursing home was inadequately staffed and failed to contact plaintiff’s treating doctors at critical points leading to plaintiff’s decline and eventual death.
The nursing home conceded that plaintiff’s care at the home was less than ideal, but claimed that plaintiffs’ recovery should be limited to $250,000, which is the California state limit on medical negligence cases.
Winer, McKenna, Burritt & Tillis LLP, took the position that defendant’s conduct was egregious and rose to the level of elder abuse, which is not covered by the medical malpractice limitations. Thus, plaintiffs were able to obtain a recovery three times in excess of the medical malpractice limits.
Settlement on behalf of plaintiff, $750,000