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: Sacramento Injury Lawyer BlogSacramento Nursing Facility Sued For Elder Abuse, Part 2 of 6
By Moseley Collins, Esq.
The following blog entry is written from a defendant?s position during pre-trial litigation. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in an elder abuse case present such issues to the court.
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)
LEGAL ARGUMENT
(A) Restitution Is Not An Appropriate Remedy in This Case
When EF set out to attack the nursing home industry under the guise of consumer protection, it initially attempted to link its broad and unsupported allegations of understaffing with potential negative patient outcomes based on certain studies. However, EF has never alleged that any resident received fewer than 3.2 hours of nursing care on any particular day or that the residents in Petitioner's long-term care facilities have suffered any adverse care outcomes as a result of the alleged failure to comply with the staffing requirements stated in Health & Safety §1276.5. Instead, EF acknowledged that it "planned to develop" the information to support more specific allegations of adverse patient outcome through discovery. That is, EF has pursued an intentional course of action to make broad, conclusory allegations first and attempt to develop the facts to support such allegations through discovery fishing expeditions later.
EF's complaint against the SunCare defendants ("Complaint") presents the request for restitution without identifying the interests of a single resident. The Complaint is entirely devoid of any allegations that any particular resident received fewer than 3.2 nursing hours of services on any given day. Nowhere does EF explain "the nature of the vested interest" that such individuals might have in monies to be restored under Business and Professions Code Section 17203.
Full post as published by Sacramento Injury Lawyer Blog on February 15, 2010 (boomark / email).
Nursing Homes
Types of Retirement Facilities and Payment Options
Financial Elder Abuse - Financial Exploitation, Elder Abuse Lawyers
Financial Elder Abuse alleging seniors are taken advantage of for their finances.
Nursing Facility Settles Suffocation Lawsuit for $190K
Nursing Facility Settles Suffocation Lawsuit for $190K
Estate Planners Face Elder Abuse Class Action
California Estate Planners Face Elder Abuse Class Action
Jury Awards $29M in Elder Abuse Case
Jury Awards $29M in Elder Abuse Case
Senior Awarded $7.75 Million in Nursing Home Abuse Lawsuit
Senior Awarded $7.75 Million in Nursing Home Abuse Lawsuit
Financial Elder Abuse
allegedly taken advantage of in Southern California.

Nursing Home, Nurses' Aides Sued for Nursing Home Abuse
Nursing Home Abuse: When Elder Care Isn't There
Nurses Aides Sued for Nursing Home Abuse
Ex Cons Caring for our Elderly in Florida
Tips to Protect Loved Ones from Nursing Home Abuse







