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, 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 personal injury case and its proceedings.)
The enhanced remedies that are available upon proof of reckless neglect of an elder include survival of general damages for pain, suffering, and emotional distress sustained by an elder who has since died, and attorney’s fees. Welfare and Institutions Code §15657.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Physicians can be held liable under the Elder Abuse statutes. That was the holding in Mack v. Soung (2000) 80 Cal.App. 4th 966. Such persons have care and custody of an elder within the meaning of the Elder Abuse Statutes when they undertake to care for an elder. The Court summed up its holding as follows:
“Delaney establishes that health care providers are not exempt from liability for reckless neglect simply because the cause of action arises from the rendition of health care services.” Mack v. Soung, supra, at 974.
Each of the required elements of proof to support a claim for reckless neglect of an elder is set out in the second cause of action of the Complaint and each is supported by specifically alleged facts. Those allegations together may be summarized as follows:
Harry White was an elder entitled to the protection of the Elder Abuse Act.
Defendant Dr. Wong was one of Mr; White’s primary treating physicians while he was a patient in the National Rehabilitation Unit from February 25, 2008 through March 27, 2008. Dr. Wong was responsible for developing a treatment plan for Mr. White which was based upon the best interests of Mr. White and his wife, Debra White. In particular, it was his duty to determine when Mr. White was fit for discharge and to which facility or setting he would be discharged. Further, Dr. Wong had the duty to assure that the setting to which Mr. White was to be discharged would have proper services available to him so that his safety and welfare would be protected. (See Part 4 of 8.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.