Personal Injury Law

Skilled Nursing Facility Team Neglected Elderly Sacramento Patient, Part 19 of 20

By Moseley Collins, Esq.

http://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.

Full post as published by Sacramento Injury Lawyer Blog on December 25, 2010 (boomark / email).