Wilcox v. Gamble Guest Care Corp., 928 So. 2d 695 (La. Ct. App. 2006)

Plaintiff appealed after trial court sustained patient liability fund’s exception of no cause of action on Nursing Home Bill of Rights claim and appealed trial court’s awards for damages. Plaintiff had settled with the nursing home and proceeded to trial against the fund. On appeal, the court found no error in sustaining the exception since the fund is not liable for penalties and attorney’s fees for violations of the nursing home resident’s bill of rights. The court sustained a $45,000 wrongful death award after finding that the record showed the resident was 83, had only months to live and that she suffered “very little” because any conscious pain and suffering would have been minutes instead of hours.

 

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