(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/elder abuse case and its proceedings.)
It is worth noting that situations similar to those described in this case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser, U.C. Davis Medical Center, Mercy, or Sutter.
PLAINTIFF’S CAUSE OF ACTION FOR BATTERY IS SUFFICIENTLY PLED AND SUPPORTED BY THE ALLEGATIONS OF THE COMPLAINT
Defendant demurrers to Plaintiff’s cause of action for battery on grounds that (1) plaintiff failed to specifically identify which defendants committed the battery, and that (2) there is not one scintilla of fact or evidence that the defendant intended to cause harm to the decedent.
The Complaint Clearly Alleges Battery Against All Defendants
Defendant’s demurrer to battery is first premised on the statement that plaintiff failed to specifically identify which defendants committed the battery. (Id.) Defendant’s argument fails for two reasons.
First, Defendant fails to cite any authority whatsoever to indicate that Plaintiff must “specify which Defendant” committed the acts of battery. There is no such requirement. California is a notice pleading state, and the cause of action for battery is sufficient to put Defendant ODA on notice that Plaintiff is alleging that ODA is responsible for battery.
Second, even if Plaintiff was required to specify which Defendant committed the acts of battery, the complaint does so. The complaint clearly alleges which Defendants committed the battery. The cause of action for battery is against all Defendants. The cause of action for battery specifies (a) taking Robert Lee off a respirator (b) administering a lethal dose of morphine and Ativan to him, intentionally and/or recklessly and/or in conscious disregard of his rights. Plaintiff alleges that Defendants Hill and Brown were employees and/or agents and/or representatives of Defendant ODA, and were acting on ODA’s behalf.
Plaintiff alleges that her son was “taken off the respirator” by Defendants David Hill, Paul Brown, and employees of Regional Hospital. Plaintiff alleges that her son was injected with lethal dose, of morphine and Ativan at the direction of Defendant David Hill, M.D., who was acting on behalf of Defendants, including ODA.
The Complaint Clearly Alleges That Defendant Intended To Cause Harm To The Decedent
Defendant’s demurrer to battery is also premised on the statement that there is not one scintilla of fact or evidence that the defendant intended to cause harm to the decedent. (Id.) Plaintiff alleges that Defendants, including ODA: (a) fraudulently attempted to obtain consent for organ donation, (b) knowingly attempted to harvest organs from Robert Lee despite the fact that he was not an appropriate candidate for organ donation, (c) removed Robert Lee from life support without consent, (d) injected Robert Lee with lethal doses of morphine and Ativan without consent, and (e) did so in an attempt to harvest his organs. Plaintiff specifically alleges that Defendants, including ODA, did those things were intentional and/or reckless and/or negligent and/or done in conscious disregard of his rights. Plaintiff alleges that Defendants tried to kill her son, making comments like, “Let’s give him some more candy” in the process. (Id.)
Plaintiff submits that the complaint clearly alleges that Defendants acted with intent to cause harm to plaintiff. (See Part 5 of 11.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.