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.)
Finally, “recklessness,” while not defined under Civil Code §3294, is, under common law, referred to as a subjective state of culpability greater than negligence. It is the “deliberate disregard for a high degree of probability that an injury will occur” and involves more than inadvertence, incompetence, unskillfulness, or a failure to take precautions. It rises to the level of a conscious course of action with knowledge of the serious danger and likelihood of injury to the plaintiff. Delaney, supra at 31-32. Plaintiffs have presented no evidence of any subjective culpability of any staff member at XYZ Healthcare providing care and treatment to Ms. Hill.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
The scope, purpose and standard of proof required under the Elder Abuse Act was determined by the California Supreme Court in the seminal cases of Delaney v Baker, supra and Covenant Care, Inc v Superior Court (2004) 32 Cal.4th 771, 783, wherein it was stated:
As we determined in Delaney, if the neglect (or other abuse) is reckless or done with oppression, fraud or malice, “then the action falls with the scope of [Welfare & Institutions Code] §15657 and as such cannot be considered simply based on … professional negligence … That only these egregious acts were intended to be sanctioned under §15657 is further underscored by the fact that the statute requires liability to be proved by a heightened clear and convincing evidence standard.” Delaney, supra at 35, Covenant Care, supra at 35. Covenant Care, Inc v Superior Court, (2004) 32 Cal.4th 771, 783. (See Part 6 of 8.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.