Guilbeau v. Bayou Chateau Nursing Home, Inc., 930 So. 2d 1167 (La. Ct. App. 2006)

Defendants appealed judgment against nursing home and the patient’s compensation fund because judgment was improperly modified, because it did not limit medical malpractice liability of a qualified health care provider to $100,000 and because it did not provide that fund was not liable for violations of nursing home resident rights bill. Court of appeals found that original judgment was in error because medical malpractice damages were not limited to $100,000. The judgment below was also error by not holding that the fund has no liability for attorney’s fees for violations of the resident’s rights act. There was no abuse of discretion in awarding $100,000 in damages despite resident’s diminished mental status. That portion of the judgment awarding $50,000 for loss of chance and acceleration of death was reversed because the record failed to show causation. The award of medical expenses was not error since the record supported resident’s need for a higher level of care and for therapy after the incident. The award of attorney’s fee in the amount of their one-third contingency fee was not unreasonable.