Category: Opinions
First District Court of Appeal Decides that Health Care Service Plans May Be Independently Liable for Negligent Care of Patients
In Futterman v. Kaiser Foundation Health Plan, Inc. (2023) 91 Cal.App.5th 656, the California Court of Appeal, First District, recognized that health care service plans may be independently responsible and liable for negligent and/or neglectful care that patients receive from their health care providers. This decision opens the door to…
United States Supreme Court Holds That Private Litigants May Bring Civil Rights Action Against Nursing Homes
In Health and Hospital Corporation of Marion County v. Talevski, 599 U.S. _____ (2023 WL 3872515), the United States Supreme Court held that private litigants may bring civil actions against nursing homes under 42 U.S.C. § 1983 for violating provisions of the Federal Nursing Home Reform Act (“FNHRA”). 42 U.S.C….
United States Court of Appeals for the Tenth Circuit Affirms Judgment of Dismissal; BLG Defeats Statute of Limitations Forum Shopping
On August 30, 2021, the United States Court of Appeals for the Tenth Circuit (“Tenth Circuit”) affirmed the ruling of the United States District Court for the District of Utah in the matter of Samantha Gerson v. Logan River Academy, et al., in which the Beach Law Group’s motion to…
Nonsuit Upheld for Lack of Foreseeability of Criminal Conduct
The successful nonsuit obtained by the Beach Law Group, LLP on behalf of the County of Los Angeles and foster family agency Children’s Institute, Inc., was upheld by the Second District of the Court of Appeal in the matter of Jane Doe v. Department of Children and Family Services (2019)…
The California Supreme Court recognized the distinction in the recovery of punitive damages in professional negligence of a health care provider under the Elder Abuse and Dependent Adult Civil Protection Act
Tom Beach’s defense of a skilled nursing facility operator in the multi-party action of Covenant Care, Inc. v. Superior Court led to the Supreme Court of California’s groundbreaking opinion on the issue of the recovery of punitive damages against a healthcare provider under the Elder Abuse and Dependent Adult Civil Protection Act. Through the matter…
Respondeat superior liability cannot be imposed upon a healthcare provider for deliberate acts of employee with no causal nexus to employment
In the matter of Lisa M. v. Henry Mayo Newhall Memorial Hospital (1995) 12 Cal 4th 291, Tom Beach obtained summary judgment on behalf of the employer of an employee accused of sexual assault in the performance of an ultrasound examination. The California Supreme Court held that the hospital was not liable under…
