California

• 2 years with Discovery Rule. (Code of Civil Procedure, §335.1)
• Medical malpractice – 3 years from date of injury or 1 year from date of discovery, whichever occurs first, except for foreign objects where SOL runs from when object is or should have been discovered.  Minors under six have 3 years or until to age eight, whichever is longer, to bring an action.  Actions may be tolled for minors where parent or guardian and defendant’s insurer or health care provider committed fraud or collusion in failure to bring an action on behalf of the injured minor.  (Code of Civil Procedure, §340.5)
• 2 year SOL in elder abuse cases.

• $250,000 cap on non-economic damages.  Economic damages (lost earnings, medical care, rehabilitation costs) are not limited by statute.  Damage awards for future loss are capped at $50,000. (California Civil Code - §3333.2; California Code of Civil Procedure, §667.7)
• Punitive damages (California Civil Code §3294(a))

• 2 years; Exception: Death from medical malpractice (3 years). (Code of Civil Procedure, §335.1; Code of Civil Procedure, §340.5)

• $250,000 cap on non-economic damages.  Economic damages (lost earnings, medical care, rehabilitation costs) are not limited by statute.  Damage awards for future loss are capped at $50,000. (California Civil Code, §3333.2; California Code of Civil Procedure, §667.7)
• Punitive damages – (California Civil Code, §3294(a))

• California Department of Health Services
• Department of Social Services – Adult Protective Services
• Department on Aging
• Long-Term Care Ombudsman Program

• Elder Abuse and Dependent Adult Abuse Civil Protection Act – (California Welfare & Institutions Code §§ 15630-15632)
• Protective Placement and Custody of Endangered Adults – (California Welfare & Institutions Code § 15700)
• Elder Death Team – (California Penal Code §§ 11174.4-11174.9)
• Mello-Granlund Older Californians Act

• Elderly woman wanders from her convalescent home to her death

I'll never get accustomed to the fact that many elderly will suffer an injury or die due to the carelessness of people who are intended to care for them.  It seems that every few weeks we hear about an elderly person who mysteriously goes missing from a facility and wanders to his or her death.  Despite the frequency, it still outrages me when I hear about such completely preventable situations.

Most recently, I was saddened to hear about the death of 63-year-old Rosemary Nelson who was found dead along the shoulder of the road after wandering from a California convalescent home.  Ms. Nelson's body was discovered three days after she was reported missing from the facility that was responsible for her care.  A medical examiner concluded Ms. Nelson's death was due to 'exposure'...

• Nursing Home Fined In Dehydration Death

California nursing home regulators have fined El Dorado Care Center $21,000 for violations that led to the death of 86-year-old resident Donald Forseth.  In 2006, Mr. Forseth died within four months of his admission to this nursing home from complications related to dehydration. A complaint was filed against El Dorado Care Center by Foundation Aiding the Elderly, a patient advocacy group shortly after Mr. Forseth's death.  Almost two years after the report of nursing home neglect was made, the state Department of Health Services found that the facility failed to monitor the man's fluid intake, which led to severe dehydration, kidney failure and death. It also faulted the center for staffing deficiencies and other problems.

• California Nursing Home Issued Most Severe Citation After Patient Sustains Serious Injuries In Fall

The California Department of Health has issued a "AA" citation and a $90,000 fine to Fallbrook Hospital District Skilled Nursing Facility after a patient fell and subsequently died at the San Diego, CA nursing home.  According to director of public health director, Dr. Mark Horton, a state investigation determined that the facility failed to implement a plan of care to prevent the patient's injury.

The California Department of Heath has the statutory authority to impose fines against nursing facilities it licenses as part of enforcement remedies for poor care. State citations that require a civil monetary penalty be imposed are categorized as Class B, A or AA. The associated fines range from $100 to $1,000 for Class B, $2,000 to $20,000 for Class A and $25,000 to $100,000 for Class AA. The citation class and amount of the fine depend upon the significance and severity of the substantiated violation, as prescribed and defined in California law.

• Short-Term Nursing Home Admission Turns Into Nightmare

Like many patients in nursing nursing homes today, Donald Bodkin's admission was only intended to be short-term to for the purpose of assisting him with the recovery from a hip surgery. However just weeks after he was admitted to Victoria Healthcare and Rehabilitation Center (California) Mr. Bodkin (93) was found dead as the result of a ruptured ulcer in his small intestine and an infection in his bloodstream.

An investigation into his death by the California Department of Health determined that Victoria Healthcare's inadequate care is likely to blame for Mr. Bodkin's untimely death. An investigation confirmed that the facility failed to properly assess Mr. Bodkin's condition or notify a physician despite well documented complaints of pain, stomach problems and low urine output.

• Assisted Living Fall Leads To Wrongful Death Lawsuit

The family of an assisted living resident has filed awrongful death lawsuit against the facility. 83-year-old, Luveda Fern Kessler, fell and cut her leg as she got out of bed at her Laguna Hills assisted living apartment. Ms Kessler did as she had been told to do: Press a personal emergency response call button, according to a recent lawsuit filed by her family.

The assisted living employee waited 24 minutes before calling 911.  During the 24 minutes Ms. Kessler lay bleeding and unassisted with any staff.  By the time the paramedics arrived, Ms. Kessler lay on her stomach, non-responsive. She was later pronounced dead at a local hospital.