California Court Removes Damage Caps for Custodial Elder Abuse Claims

The ruling in Aud v. RRT Enterprises, LP clarifies that skilled nursing facilities cannot invoke statutory damage caps when injuries stem from a failure to perform fundamental custodial duties. The court determined that negligence involving hygiene, nutrition, hydration, and basic supervision falls outside the scope of professional medical services protected by MICRA.

Anthony Lanzone, principal at Lanzone Morgan LLP, emphasized that nursing homes hold a distinct responsibility beyond medical treatment. The decision reinforces that facilities must remain fully accountable for the loss of dignity and suffering caused by neglected daily needs. By aligning with the California Supreme Court’s recent findings in Holland v. Silverscreen Healthcare, Inc., the appellate court has provided trial judges with a clear framework to ensure juries can award appropriate compensation for custodial failures. Attorneys Elizabeth Kim and Ayman Mourad led the appellate efforts for the plaintiff, marking a significant shift in how California courts assess liability in long-term care settings.