Personal Injury Lawyer Blog
https://www.moseleycollins.com/lawyer-attorney-1245027.htmlIt is worth noting that situations similar to those described in this elder abuse 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 wrongful death case and its proceedings.)
MICRA Does Not Apply To Elder Abuse Act Actions cont.
The California Supreme Court has drawn precisely this distinction between substandard care (professional negligence) and a health care provider’s total abdication of his responsibility to provide care (elder neglect abuse) in separating conduct that falls within the Elder Abuse Act from conduct that does not:
It is true that statutory elder abuse includes “neglect as defined in Section 15610.5,” which in turn includes negligent failure of an elder custodian “to provide medical care for the elder’s physical and mental health needs.” But as we explained in Delany, “neglect” within the meaning of Welfare and Institutions Code section 15610.57 covers an area of misconduct distinct from “professional negligence.” As used in the Act, neglect refers not to the substandard performance of medical services but, rather, to the “failure of those responsible for attending to the basic needs and comforts of the elderly or dependent adults, regardless of their professional standing, to carry out their custodial obligations.” Thus, the statutory definition of neglect speaks not of the undertaking of medical services, but of the failure to provide medical care. Covenant Care, 32 Cal. 4th at 783 (citations omitted).
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Based on the foregoing reasoning, other California courts repeatedly have found that MICRA provisions do not apply to elder abuse actions. See also Benun v. Superior Court, 123 Cal. App. 4th 113 (2005) (MICRA statute of limitations provision does not apply to elder abuse causes of action); see also County Villa Claremont Healthcare Center, Inc. v. Superior Court, 120 Cal. App. 4th 426 (2004)(tort claims attached to elder abuse cause of action not subject to MICRA). (See Part 20 of 20.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.