There are legal arguments to be made on behalf of the elderly that can circumvent the age equals monetary value cap that most attorneys seem to ascribe to. EMTALA violations are not covered by Med Mal Caps yet most attorneys seem unaware of this. EMTALA violations are also considered elder abuse and most attorneys seem unaware of this as well.
I am hoping it is rare, but a savvy ER nurse can game the system against the elderly by claiming HIPAA violations as a reason to call a Code Gray. Code Gray's are the secret sauce that allow ERs to control situations to the point of lawlessness.
Incitement of Imminent Lawless action by one ER Nurse can cause the demise of seniors. I know, I witnessed it first hand.