By Beach Law Group

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 of  Covenant Care Inc., v. Superior Court, et al (2004) 32 Cal. 4th 771, the California Supreme Court held that the procedural prerequisites to seeking punitive damages in an action for damages arising out of the professional negligence of a health care provider did not apply to a punitive damages claim in an action against a skilled nursing facility for elder abuse in which heightened civil remedies were sought under the Elder Abuse and Dependent Adult Civil Protection Act.