Sacramento Personal Injury Lawyer Blog

It is worth noting that situations similar to those described in this wrongful death 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 personal injury case and its proceedings.)

Plaintiffs Have Failed to Produce Legitimate Evidence to Support Their Cause of Action for Wrongful Death.

Wrongful death is a statutorily created cause of action and its elements are outlined within Civil Code §377.60. A cause of action of wrongful death requires evidence of negligence, or other wrongful act, a resulting death and damages, suffered by the heirs. Quiroz v Seventh Ave. Center (2006) 140 Cal.App.4th 1256, 1263. In a wrongful death action, the plaintiff must prove the defendant's conduct was a substantial factor in causing the alleged death. Bromme v Pavitt (1992) 5 Cal.App.4th 1487, 1507.

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

The evidence presented by plaintiff fails to provide any foundational basis for a reasonable jury to conclude Ms. Hill's death was a result of any act which occurred at XYZ. There has been no presentation of evidence to indicate the existence of a skin wound on Ms. Hill while she was receiving treatment at XYZ. In addition, plaintiffs have failed to produce any evidence to indicate a foundational basis that the alleged cause of death, sepsis, was in any way related to the skin wound at issue or any other infection process which began or was in any way related to care at XYZ.

Continue reading " Sacramento Woman With Hip Injury And Dementia Abused At Nursing Home, Part 8 of 8 " »

It is worth noting that situations similar to those described in this wrongful death 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 personal injury case and its proceedings.)

Plaintiff Has Failed to Produce Substantial Evidence of Authorization or Ratification by the Defendants' Offices, Directors or Managing Agents

Reckless neglect on the part of the defendant cannot be inferred and the plaintiff has failed to produce any evidence, let alone substantial evidence to a clear and convincing standard, of reckless neglect. Plaintiffs' failure to produce substantial evidence of reckless neglect by the defendants' employees is, alone, enough for this court to grant this motion for directed verdict as to the elder abuse cause of action. However, the Elder Abuse Act, in cases such as this, where a plaintiff is seeking enhanced remedies against an employer for elder abuse, must satisfy additional standards as set forth in Civil Code §3294(b); Welfare & Institutions Code §15657(c), 15667.5(b)(2).

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

Allegations of malice, oppression, fraud or recklessness against an employer must rest on the malice, oppression, fraud or reckless of an employee, because legal entities, such as these defendants "do not have minds capable of recklessness, wickedness, or intent to injure or deceive." Cruz v Home Base (2000) 83 Cal.App.4th 160, 167. Plaintiff must show that an officer, director or managing agent of the defendants (1) had advanced knowledge of the unfitness of the specific employee who committed the alleged neglect against Ms. Hill and employed that person with a conscious disregard of the rights and safety of others, or (2) authorized or ratified, a specific employee's wrongful conduct, or (3) was personally involved in the neglect and personally guilty of oppression, fraud or malice. CACI 3105; Welfare & Institutions Code §15657; Civil Code 3294(b); College Hospital, Inc. v Superior Court (1994) 8 Cal.4th 704, 723.

Continue reading " Elderly Sacramento Woman Dies In Skilled Nursing Facility, Part 7 of 8 " »

It is worth noting that situations similar to those described in this wrongful death 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 personal injury case and its proceedings.)

Plaintiffs allege that XYZ Healthcare staff is guilty of neglect under the Elder Abuse Act. Welfare & Institutions Code §15610 57 (a)(l).

Among the elements of the neglect cause of action, plaintiffs must show, through clear and convincing evidence, that one or more the defendants' employees failed to use the degree of care that a reasonable person, in the same situation, would have used, that the employees acted with malice, oppression, fraud or recklessness, that Ms. Hill was harmed by that specific conduct, and that that specific conduct was a substantial factor in causing Ms. Hill's harm. CACI 3105. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Throughout the course of plaintiffs' presentation of evidence, they have failed to present any evidence of conduct, intentional or otherwise, by an employee of the defendant that resulted in any form of skin degradation at XYZ Healthcare. Plaintiffs have gone to great pains to show that certain boxes were not checked in the chart and that certain other regulatory requirements for documentation and care planning were not completed However, they have produced absolutely no evidence to indicate Ms. Hill was injured in any way as a result of those failures . Plaintiffs' evidence, as presented in this court, does not meet the heightened burden required under the Elder Abuse Act of showing, by clear and convincing evidence, that the defendants' employees acted recklessly or are guilty of oppression, fraud or malice. Covenant Care, supra at 785; Intrieri v Superior Court (2004) 117 Cal.App.4th 72, 82.

Continue reading " Elder Abuse Lawsuit Focuses On Egregious Conduct By Sacramento Nursing Staff, Part 6 of 8 " »

It is worth noting that situations similar to those described in this wrongful death 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 personal injury case and its proceedings.)

Finally, "recklessness," while not defined under Civil Code §3294, is, under common law, referred to as a subjective state of culpability greater than negligence. It is the "deliberate disregard for a high degree of probability that an injury will occur" and involves more than inadvertence, incompetence, unskillfulness, or a failure to take precautions. It rises to the level of a conscious course of action with knowledge of the serious danger and likelihood of injury to the plaintiff. Delaney, supra at 31-32. Plaintiffs have presented no evidence of any subjective culpability of any staff member at XYZ Healthcare providing care and treatment to Ms. Hill.

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

The scope, purpose and standard of proof required under the Elder Abuse Act was determined by the California Supreme Court in the seminal cases of Delaney v Baker, supra and Covenant Care, Inc v Superior Court (2004) 32 Cal.4th 771, 783, wherein it was stated:

As we determined in Delaney, if the neglect (or other abuse) is reckless or done with oppression, fraud or malice, "then the action falls with the scope of [Welfare & Institutions Code] §15657 and as such cannot be considered simply based on ... professional negligence ... That only these egregious acts were intended to be sanctioned under §15657 is further underscored by the fact that the statute requires liability to be proved by a heightened clear and convincing evidence standard." Delaney, supra at 35, Covenant Care, supra at 35. Covenant Care, Inc v Superior Court, (2004) 32 Cal.4th 771, 783. (See Part 6 of 8.)

Continue reading " Family Sues Sacramento Skilled Nursing Facility For Elder Care Abuse, Part 5 of 8 " »

It is worth noting that situations similar to those described in this wrongful death 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 personal injury case and its proceedings.)

"Neglect" does not include acts of traditional professional negligence, but refers to forms of egregious neglect performed with some state of culpability greater than mere negligence. The subjective culpability for a neglect allegation under the Elder Abuse Act requires specific facts showing recklessness, malice, oppression or fraud by a specific caregiver Covenant Care, supra at 781-790; Delaney, supra at 33-35; Welfare & Institutions Code §15657; CACI 3105. Under Civil Code §329(c), "malice" is "conduct which is intended ... to cause injury ... or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others."

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

Malice denotes ill-will, or a desire to do harm for the mere satisfaction of doing it. Ehaugh v Rabin (1972) 22 Cal.App.3d 891, 895. "Oppression" is defined as "despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights," and "fraud" is defined as "an intentional misrepresentation, deceit or concealment of a material fact known to the defendant with the intention ... of... causing injury." As a component element of malice and oppression, despicable conduct means conduct that is so vile, base, contemptible, miserable, wretched or loathsome that it would be looked down upon and despised by ordinary decent people, Tomaselli v TransAmerica Insurance Co (1994) 25 Cal.App.4th 1269, 1287.

Continue reading " Reckless Conduct Causes Wrongful Death Of Sacramento Nursing Facility Patient, Part 4 of 8 " »

It is worth noting that situations similar to those described in this wrongful death 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 personal injury case and its proceedings.)

Welfare & Institutions Code §15610 63 provides: "Physical abuse" means any of the following. (a) assault, as defined in §240 of the Penal Code, (b) battery, as defined in §242 of the Penal Code, (c) assault with a deadly weapon or force likely to produce great bodily injury, as defined in §245 of the Penal Code, (d) unreasonable physical constraint, or prolonged or continual deprivation of food or water, (e) sexual assault , (f) use of a physical or chemical restraint or psychotropic medication under any of the following conditions (1) for punishment, (2) for a period beyond that for which the medication was ordered pursuant to the instructions of a physician and surgeon licensed in the state of California, who is providing medical care to the elder or dependent adult at the time the instructions are given, (3) for any purpose not authorized by the physician and surgeon. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Welfare & Institutions Code §15610 57 provides: (a) "neglect" means either of the following (1) the negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise, (2) the negligent failure of an elder or dependent adult to exercise that degree of self-care that a reasonable person in a like position would exercise. (b) Neglect includes, but is not limited to, all of the following (1) failure to assist in personal hygiene, or in the provision of food, clothing or shelter (2) failure to provide medical care for physical and mental health needs.

Continue reading " Negligent Staff At Sacramento Nursing Home Causes Wrongful Death, Part 3 of 8 " »

It is worth noting that situations similar to those described in this wrongful death 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 personal injury case and its proceedings.)

LAW AND ARGUMENT

Directed Verdict Standard cont.

In evaluating the evidence submitted by a plaintiff, the court may focus on the quality, rather than the quantity, of the evidence. A small amount of very solid evidence may be considered substantial while a great deal of extremely weak evidence may be considered insubstantial. Toyota Motor Sales USA, Inc, supra at 871-872. Inferences may constitute substantial evidence but only if they are supported by logic and reason rather than speculation or conjecture. Louis & Diederich, Inc v Cambridge European Imports, Inc (1987) 189 Cal App.3d 1574, 1584-1585. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Plaintiff has Failed to Produce Substantial Evidence to Support Her Cause of Action for Elder Abuse

Plaintiff seeks damages and enhanced remedies, including attorney's fees and punitive damages, under the Elder Abuse and Dependent Adult Civil Protection Action (Welfare & Institutions Code §15600, et seq), also known as the Elder Abuse Act. The Elder Abuse Act was designed to protect elderly and dependent persons from abuse, neglect or abandonment. In addition to adopting measures designed to encourage reporting of abuse and neglect, the Act gives the court discretion to award attorney's fees to a prevailing plaintiff and allows survivors to recover pain and suffering damages in cases of intentional and reckless abuse where the elder has deceased (up to a maximum of $250,000.00). Mack v Soung (2000) 80 Cal.App.4th 966, 971-972.

Continue reading " Sacramento Woman Subject To Elder Abuse At Skilled Nursing Facility, Part 2 of 8 " »