Court Holds MICRA Damage Caps Do Not Apply to Custodial Elder Abuse and Neglect Claims Against Skilled Nursing Facilities
LONG BEACH, Calif., July 24, 2026 — Lanzone Morgan LLP is proud to announce a landmark victory in the California Court of Appeal that will significantly impact elder abuse and neglect litigation throughout the state.
In a published opinion issued by the Second District Court of Appeal, Aud v. RRT Enterprises, LP, the Court held that California’s Medical Injury Compensation Reform Act (MICRA) does not limit noneconomic damages when an elder abuse or neglect claim is based on a skilled nursing facility’s failure to provide custodial care rather than professional medical negligence.
The decision reverses the trial court’s reduction of a jury’s noneconomic damage award from more than $1.8 million to $250,000, holding that the injuries resulted from failures in supervision, assistance, hygiene, nutrition, hydration, and other custodial duties—not from the negligent rendering of medical care.
“This decision recognizes an important distinction that has long been blurred in elder abuse litigation,” said Anthony Lanzone, Principal at Lanzone Morgan LLP. “Nursing homes do far more than provide medical treatment—they have a fundamental responsibility to care for vulnerable residents’ basic daily needs. When facilities fail to provide that custodial care, they should not receive the protections that MICRA was designed to afford claims involving professional medical negligence.”
The Court relied heavily on the California Supreme Court’s recent decision in Holland v. Silverscreen Healthcare, Inc., concluding that failures to supervise residents, respond to call lights, assist with toileting, prevent falls, provide adequate nutrition and hydration, reposition residents, and maintain hygiene are fundamentally custodial responsibilities rather than professional medical services.
The opinion provides much-needed guidance to trial courts and litigants throughout California by clarifying that the focus is on the nature of the conduct, not simply the fact that the defendant is a licensed healthcare provider. Where injuries arise from custodial neglect, MICRA’s limitations on noneconomic damages do not apply.
The decision is expected to have a substantial impact on future elder abuse and neglect cases involving skilled nursing facilities. It ensures that juries—not statutory caps designed for medical malpractice cases—may fully compensate victims for the pain, suffering, and loss of dignity caused by custodial neglect.
Lanzone Morgan LLP represented the plaintiff throughout the appeal. “Our attorneys Elizabeth Kim and Ayman Mourad deserve all the credit for this compelling decision, “said Anthony Lanzone.
Lanzone Morgan LLP is a California trial and appellate law firm dedicated to representing victims of elder abuse, catastrophic personal injury, and wrongful death. The firm has established itself as a statewide leader in elder abuse litigation, obtaining significant verdicts and appellate decisions that advance the rights and protections of California’s most vulnerable citizens.