The United States Supreme Court granted certiorari in April of this year.Statutory Rights The Spokeo decision could impact claims brought under healthcare statutes that confer on plaintiffs statutory rights even if they have suffered no actual damage. California Health and Safety Code section 1430(b), for example, allows a resident of a skilled nursing facility to recover up to $500 in an action for violation of certain statutory rights, such as the right to patient health records that meet certain requirements, including that nurses' notes be signed and dated. (22 CCR § 72547.)

In Lemaire v. Covenant Care California, LLC, 2015 WL 340677, the Second District Court of Appeal held that while patients may sue nursing facilities under California Health & Safety Code §1430(b) for violation of federal and state regulations requiring complete and accurate health care records, the statutory damages may not exceed $500 per action. The Court also held that the limited statutory damages required a re-evaluation of the attorneys' fee award.

For those paying attention, the decisions in two recent California cases provide some good news for insureds and their insurers. But, to adequately judge their risk, professional liability insurers must understand the current state of the law and continue to track its development.California law California Health & Safety Code section 1430(b) allows civil actions against skilled-nursing facilities if the licensee of a facility violates the Patients Bill of Rights or any other right provided for by federal or state law or regulation. [1] If a facility violates the Patients Bill of Rights, the facility may face: Liability up to $500 An award of plaintiff’s costs and attorneys’ fees, and Imposition of injunctive relief The California legislature intended section 1430(b) to create “a citation system for the imposition of prompt and effective civil sanctions against long-term health care facilities in violation of the laws and regulations of this state.”