Personal Injury Lawyer Blog
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)
RE: Susan and Andy Bates
I. BRIEF SUMMARY OF CLAIMS
Ms. Bates’ claims involve two distinct separate injuries occurring at two different times. Her claims are brought under two separate legal theories and causes of action. Her first Cause of Action is for medical malpractice. Her Second Cause of Action is brought pursuant to The Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), found at Welfare and Institutions Code §15600 et seq. As a result, she is entitled to and seeks two different financial recoveries.
In addition, Andy Bates makes a claim under the Third Cause of Action for loss of consortium.
A. First Cause of Action: Medical Malpractice
Ms. Bates’ First Cause of Action focuses on the care and treatment she received during the period she was hospitalized at United Hospital in Carmichael from December 26, 2005 through January 13, 2006. As a result of that hospitalization, Ms. Bates now has the following injuries:
1. Paralysis,
2. Neurogenic bladder,
3. Neurogenic bowel,
4. Chronic neuropathic pain.
This claim is subject to MICRA.
B. Second Cause of Action: Dependent Adult/Elder Abuse
Ms. Bates’ Second Cause of Action is brought pursuant to Welfare and Institutions Code §15600 et seq., the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). This claim focuses on United’s neglect of claimant, Susan Bates, after she was hospitalized for the above described paralysis and is distinct in time and injury from her paralysis claim. It occurred at ABC Hospital in Citrus Heights after January 13, 2007, and resulted in the following injuries:
1. Stage II sacral decubitus ulcer arising when Ms. Bates was an in-patient at United. This ulcer progressed as described in #2 below.
2. Stage IV sacral decubitus ulcer.
3. Placement of permanent colostomy bag required by the Stage IV sacral decubitus ulcer.
Ms. Bates was a “dependent adult” as defined by Welfare and Institutions Code §15610.23, when the neglect occurred.
This claim is eligible for enhanced remedies (Marron v. Superior Court (2003) 108 Cal.App.4th 1049). The enhanced civil remedies include the award of reasonable attorney fees and costs (Welfare and Institutions Code §15657). General damages awarded in this claim are not subject to MICRA. (See Part 2 of 5.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.