Personal Injury Law

Elder Abuse And Fraud Suit Filed By Sacramento Family, Part 2 of 11

By Moseley Collins, Esq.

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

PLAINTIFFS' FIRST CAUSE OF ACTION STATES CLAIMS FOR WILFUL OR RECKLESS NEGLECT OR ABUSE OF AN ELDER

Plaintiffs State A Claim for Willful or Reckless Neglect of An Elder By Alleging That Defendants Chose To Maximize Profits By Understaffing And Underbudgeting Universal Care In Disregard Of Resident Safety and Welfare.

In 1991, the Legislature enacted anew article of the Welfare and Institutions Code (Welf. Code Section 15657 et seq.) Civil Actions for Abuse of Elderly or Dependent Adults, which provides for enhanced damages, fees, and costs recoverable in actions involving the abuse of an elderly or dependent adult. This article is part of a larger statutory framework known as the Elder Abuse and Dependent Adult Civil Protection Act (Welf & Inst C § 15600 et seq.) ("The Elder Abuse Act"). See Delaney v. Baker (1999) 20 Cal.4th 23, 33. Section 15657 provides that:

When it is proven by clear and convincing evidence that a defendant is liable for physical abuse as defined in Section 15610.63, or neglect as defined in Section 15610.57, and that the defendant has been guilty of recklessness, oppression, fraud, or malice in the commission of this abuse, the following shall apply, in addition to all other remedies otherwise provided by law: (a) the court shall award to the plaintiff reasonable attorney fees and costs .... (B) the limitations imposed by Section 377.34 of the Code of Civil Procedure on the damages recoverable shall not apply.

Full post as published by Sacramento Injury Lawyer Blog on March 04, 2010 (boomark / email).