Personal Injury Law

Elder Abuse At Sacramento Skilled Nursing Facility Leads To Death, Part 2 of 9

By Moseley Collins, Esq.

It 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, Methodist, or Sutter.

(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.)

In short, the question posed by the demurrer to the First Cause of Action presents an array of included issues. As MICRA is a defense which has, as factual foundations, questions related to the capacity of the defendant and their participation in the transactions on which the action is based, a demurrer by each of the Hill defendants based on the licensure status of the skilled nursing facility is disingenuous, and unconvincing.

The demurrer is also to the Eighth Cause of Action for wrongful death under Civil Code §377.60. This cause of action is a statutory tort, and the question whether MICRA applies to it is will be determined by established case law deciding the question of when a statutory tort is governed by MICRA as a negligence claim would be, or on the other hand whether the statutory tort would not be governed by MICRA as an intentional tort.

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

Full post as published by Sacramento Injury Lawyer Blog on March 05, 2011 (boomark / email).