Personal Injury Lawyer Blog
It is worth noting that situations similar to those described in this wrongful death case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Sutter, or any skilled nursing facility.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)
Plaintiffs allege that XYZ Healthcare staff is guilty of neglect under the Elder Abuse Act. Welfare & Institutions Code §15610 57 (a)(l).
Among the elements of the neglect cause of action, plaintiffs must show, through clear and convincing evidence, that one or more the defendants’ employees failed to use the degree of care that a reasonable person, in the same situation, would have used, that the employees acted with malice, oppression, fraud or recklessness, that Ms. Hill was harmed by that specific conduct, and that that specific conduct was a substantial factor in causing Ms. Hill’s harm. CACI 3105. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Throughout the course of plaintiffs’ presentation of evidence, they have failed to present any evidence of conduct, intentional or otherwise, by an employee of the defendant that resulted in any form of skin degradation at XYZ Healthcare. Plaintiffs have gone to great pains to show that certain boxes were not checked in the chart and that certain other regulatory requirements for documentation and care planning were not completed However, they have produced absolutely no evidence to indicate Ms. Hill was injured in any way as a result of those failures . Plaintiffs’ evidence, as presented in this court, does not meet the heightened burden required under the Elder Abuse Act of showing, by clear and convincing evidence, that the defendants’ employees acted recklessly or are guilty of oppression, fraud or malice. Covenant Care, supra at 785; Intrieri v Superior Court (2004) 117 Cal.App.4th 72, 82.
The higher standard imposed by Welfare & Institutions Code §15657 protects healthcare providers from liability under the statute for acts of simply or even gross negligence
At a minimum, a showing of reckless neglect within the meaning of Welfare & Institutions Code § 15657 is required to obtain the enhanced remedies of the Elder Abuse Act. (See Part 7 of 8.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.