Personal Injury Lawyer Blog
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse case and its proceedings.)
It is also worth noting that situations similar to those described in this medical negligence case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, U.C. Davis Medical Center, Mercy, Sutter, or any skilled nursing facility.
FACTS ALLEGED OF DEFENDANT’S RATIFICATION OF THE RECKLESS NEGLECT
For the purposes of testing the sufficiency of the cause of action, the demurrer admits the truth of all material facts properly pleaded and the reasonable inferences that may be drawn from those facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6; Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Buckaloo v. Johnson (1975) 14 Cal.3d 815, 828; Serrano v. Priest (1971) 5 Cal.3d 584, 591. The court must give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. Blank, supra, at 318; Speegle v. Board of Fire Underwriters (1946) 29 Cal.2d 34, 42. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Plaintiff has alleged facts to meet the standard of Civil Code §3294(b) that defendant National approved of and ratified each wrongful act and omission of its employees, by one or more of the following: (a) by failing to discipline, reprimand or terminate any said employee or DOE Defendant, (b) by not filing or causing to file any mandatory report of suspected elder abuse or neglect pursuant to Welfare & Institutions Code §15630, (c) by billing and accepting payment for the wrongful conduct, (d) by failing to repudiate the wrongful acts and omissions as hereafter alleged, (e) by knowingly employing incompetent personnel, and (f) by knowingly failing to maintain MEDICARE federal regulatory requirements in terms of qualify of care, staffing, and quality control measures pursuant to Title 42 of the Federal Code of Regulations, §482. (See Part 5 of 10.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.