(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/medical malpractice case and its proceedings.) Elder Abuse Remedies The remedies available for elder abuse claims are listed in Welfare & Institutions Code § 15657, which states: Where…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/medical malpractice case and its proceedings.) CAUSATION MUST BE PROVEN TO A REASONABLE MEDICAL PROBABILITY One of the essential elements of plaintiff’s claim is causation. Assuming She is…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/medical malpractice case and its proceedings.) The dialysis concluded at 5:42. Mr. Reed initially got a BP of 90/21, but checked it again and it was 90/37. A…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/medical malpractice case and its proceedings.) Evening of October 10, 2006 October 10, 2006 was the first day of a strike at the two MC hospitals. As required…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/medical malpractice case and its proceedings.) The Pressure Sore On August 17, 2006, the plaintiff was evaluated by Kim White R.N., the MC wound care nurse. Ms. White…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/medical malpractice case and its proceedings.) INTRODUCTION This is an action for professional negligence, and ostensibly, for elder abuse, with a claim for punitive damages. The plaintiff, Allison…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/wrongful death case and its proceedings.) PLAINTIFFS’ THIRTEENTH CAUSE OF ACTION FOR UNFAIR BUSINESS PRACTICES STATES A CLAIM. The Unfair Practices Act, Business & Professions Code section 17200,…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/wrongful death case and its proceedings.) PLAINTIFFS’ EIGHTH CAUSE OF ACTION FOR ELDER ABUSE WITH FRAUD STATES A CLAIM. As discussed above, Welfare & Institutions Code Section 15657…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/wrongful death case and its proceedings.) Defendants have a laundry list of objections to the fraud cause of action, but they cite few specific authorities. Here, plaintiffs have…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/wrongful death case and its proceedings.) PLAINTIFFS’ SIXTH CAUSE OF ACTION FOR NEGLIGENT HIRING, SUPERVISION, AND RETENTION OF REBECCA COCKRILL STATES A CLAIM. Liability for negligent hiring, training,…