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.
(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.)
In Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771, 783, the California Supreme Court made clear the distinction between “neglect” as defined above and “professional negligence.”
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
“Neglect,” within the meaning of the Welfare and Institutions Code section 15610.57, covers an area of misconduct distinct from professional negligence. As used in the Act, neglect refers not to the substandard performance of medical services but, rather, to the failure of those responsible for attending to the basic needs and comforts of elderly or dependent adults, regardless of their professional standing, to carry out their custodial obligations. Thus, the statutory definition of “neglect” speaks not of the undertaking of medical services, but of the failure to provide medical care:
“[I]f the neglect is reckless’ or done with oppression, fraud or malice, then the action falls within the scope of section 15657 and as such cannot be considered simply based on … “professional negligence” within the meaning of section 15657.2. Delaney v. Baker (1999) 20 Cal.4th at 35. As discussed in the concurrent Motion to Strike, to set forth a viable cause of action for reckless neglect of an elder, Plaintiffs must “allege” conduct essentially equivalent to conduct that would support recovery of punitive damages.
Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771, 780-789. Thus, Plaintiffs must state facts to establish both: (1) liability for neglect, and (2) recklessness, malice, oppression or fraud. (See Part 6 of 8.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.