Elder Abuse Action Filed Against Healthcare Facility

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/elder abuse case and its proceedings.)

It is worth noting that situations similar to those described in this case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser, U.C. Davis Medical Center, Mercy, or Sutter.

Plaintiff’s Third Cause of Action for Negligence Per Se (Violation of Elder Abuse and Dependant Adult Civil Protection Act, hereinafter, “EADACPA”) is Properly Pled

Plaintiff’s third cause of action is not solely a negligence per se claim. While the third cause of action refers to EADACPA as a basis for a negligence per se claim, the cause of action itself is titled as a “Violation” of that act. The third cause of action is not duplicative of anything. It is a stand alone cause of action for Abuse of an Adult Dependent.

Defendant’s demurrer on grounds that the complaint contains allegations of intentional conduct and negligence on the same facts wholly lacks merit In general, a plaintiff is entitled to plead alternative theories and even inconsistent allegations. (See Adams v. Paul (1995) 11 Cal.4th 583, 593.)

Plaintiff’s Fourth Cause of Action for Negligence Per Se (Prescription of Controlled Substance Without Legitimate Medical Purpose) and Fifth Cause of Action for Negligence Per Se (Violation of Uniform Anatomical Gift Act)

Defendant’s demurrer to the fourth and fifth causes of action should be overruled. It is clear from the complaint that these statutes are two separate statutory basis for negligence per se claims. They are not duplicative. Duty, breach, causation and damages are all pled, as well as the statutory grounds for negligence per se claims. In general, a plaintiff is entitled to plead alternative theories and even inconsistent allegations. (See Adams v. Paul (1995) 11 Cal.4th 583, 593.)

There is no benefit or purpose to sustaining a demurrer to these causes of action. Defendant’s demurrer essentially seeks a hyper-technical “cut and paste” of moving these two causes of action as subset claims of both the medical malpractice and negligence causes of action. The demurrer should be overruled. (See Part 8 of 11.)

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.