Personal Injury Law

Sacramento Man's Family Files Elder Abuse Suit After His Death In Nursing Facility, Part 7 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.)

THE INDIVIDUAL DEFENDANTS ARE NOT ENTITLED TO THE BENEFIT OF MICRA, EVEN AS TO THE CLAIM OF NEGLIGENCE AS SET FORTH IN THE FIRST CAUSE OF ACTION

In the preceding section, plaintiffs established that as to the statutory tort of wrongful death, since it is based on intentional tort theory, the statute of limitations is C.C.P. §335.1. In this section, dealing with the demurrer of the individual defendants, the demurrer fails because they do not have a requisite license, or were engaged in unlicensed activity.

First, the Administrator, Mr. Stein. California Nursing Home administrators are licensed under Division 2, Chapter 2.35, Article 1 of the Health & Safety Code, starting with Health & Safety Code §1416. MICRA describes those benefitted as health care providers under C.C.P. 340.5 as follows:

Health care provider means any person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, or licensed pursuant to the Osteopathic Initiative Act, or the Chiropractic Initiative Act, or licensed pursuant to Chapter 2.5 (commencing with Section 1440) of Division 2 of the Health and Safety Code; and any clinic, health dispensary, or health facility, licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. (emphasis added.) Manifestly, as alleged, Stein is a nursing home administrator, but under law not a licensed health care provider. A closer look at the moving memorandum tacitly concedes Stein's problem.

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 23, 2011 (boomark / email).