Lemaire

Defendant Covenant Care California, LLC (Covenant), appeals a judgment after jury trial in favor of plaintiff Ana Lemaire, successor in interest to Laura Clausen. Lemaire was awarded $270,000 in statutory damages because Covenant violated regulations requiring it to maintain complete and accurate medical records at its nursing care facility. (Health & Saf. Code, § 1430, subd. (b).) We conclude, among other things, that (1) patients may sue nursing facilities under section 1430, subdivision (b) for violation of federal and state regulations requiring complete and accurate health care records, (2) statutory damages under section 1430, subdivision (b) may not exceed $500 per action, and (3) the award of attorney fees and costs must be redetermined on remand. We reverse in part and affirm in part.

FACTS

Laura Clausen suffered a stroke and was admitted to Covenant’s skilled nursing facility in 2010. After she died, Lemaire, her daughter, filed an action against Covenant for wrongful death, elder abuse, and violation of “patients’ rights” under section 1430, subdivision (b). Lemaire alleged (1) Covenant was “chronically understaffed,” (2) her mother did not receive…