Wrongful Death Of Elder At Sacramento Hospital, Part 4 of 8

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, or Sutter.

The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse and medical negligence case and its proceedings.)

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

According to the Welfare and Institutions Code, Section 15610.07:

“Abuse of an elder or dependent adult means either of the following: (a) physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering; (b) the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.”

An elder is defined by § 15610.27, as “any person residing in this state, 65 years of age or older.”

Neglect is defined by § 15610.57, in pertinent part as: (a)(1) the negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.

The statute goes on to state: (b) neglect includes, but is not limited to, all of the following: (1) failure to assist in personal hygiene, or in the provision of food, clothing, or shelter; (2) failure to provide medical care for physical and mental health needs …; (3) failure to protect from health and safety hazards; (4) failure to prevent malnutrition or dehydration. Id. (See Part 5 of 8.)

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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