(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/personal injury case and its proceedings.)
Based on the above conduct, in Dr. Brown’s opinion, Dr. Black committed elder abuse, and testifies as follows:
Q: Okay. Other than the failure to adequatley monitor, as you’ve characterized it, the scrotal condition, are you critical of Dr. Black for any other aspect of his care of this patient that you believe fell below the standard of care?
A: Well, in Dr. Black’s case, to be honest with you, I don’t feel that he just fell below the standard of care. I know there are legal terms for elder abuse. I’m aware of what those terms are, in terms of a conscious, you know, disregard for the patient, his care and safety. And, honestly, I really think that this does fall under that category.
And I don’t say that lightly; I’m a doctor myself. But the thing that troubles me is that Dr. Black, unlike Dr. Green – Dr. Black actually did look at the man’s scrotum and was aware that there was a problem there, and yet he sat on that problem for several days, and then sat on it for an additional five days, even after requesting urology consultation.
So, to me, it showed a – just an extreme deviation from the standard of care that would fall into the elder abuse category, if you’re going to use a legal term for it.
That’s my – – what claims are being made and not made, I’ll leave that to you folks. But I know there are issues of elder abuse here, and what I had told Mr. Moran was that if there was a case where elder abuse would be applicable, it would certainly be with Dr. Black’s care in this case.
Based on the deposition of Dr. Brown, the Trial Court, in furtherance of justice, should allow the Plaintiffs to submit evidence and expert testimony regarding the Defendant’s culpability for Elder Abuse and Willful Misconduct. (See Part 4 of 4.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.