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, Sutter, or any skilled nursing facility.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)
“Neglect” does not include acts of traditional professional negligence, but refers to forms of egregious neglect performed with some state of culpability greater than mere negligence. The subjective culpability for a neglect allegation under the Elder Abuse Act requires specific facts showing recklessness, malice, oppression or fraud by a specific caregiver Covenant Care, supra at 781-790; Delaney, supra at 33-35; Welfare & Institutions Code §15657; CACI 3105. Under Civil Code §329(c), “malice” is “conduct which is intended … to cause injury … or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others.”
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Malice denotes ill-will, or a desire to do harm for the mere satisfaction of doing it. Ehaugh v Rabin (1972) 22 Cal.App.3d 891, 895. “Oppression” is defined as “despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person’s rights,” and “fraud” is defined as “an intentional misrepresentation, deceit or concealment of a material fact known to the defendant with the intention … of… causing injury.” As a component element of malice and oppression, despicable conduct means conduct that is so vile, base, contemptible, miserable, wretched or loathsome that it would be looked down upon and despised by ordinary decent people, Tomaselli v TransAmerica Insurance Co (1994) 25 Cal.App.4th 1269, 1287.
To show conscious disregard, a plaintiff must allege and prove an awareness of the probable dangerous consequences of the conduct and a willful and deliberate failure to avoid those consequences. Mock v Michigan Millers Mutual Insurance Co (1992) 4 Cal App.4th 306, 328-329. The “willful and conscious disregard” element requires actual awareness of the probable dangerous consequences of the conduct of the conduct and deliberate avoidance of the consequences. G.D Searle & Co v. Superior Court (1975) 49 Cal.App.3d 22, 29-32. (See Part 5 of 8.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.