Elder Abuse Act

Elder Abuse: Simple or Gross Negligence

By on April 1, 2015 - Comments off

Worsham v. O’Connor Hospital, (Sixth District, April 23, 2014) 2014 WL 2085555, — Cal.Rptr.3d —-, 14 Cal. Daily Op. Serv. 5525

An elderly woman who suffered a broken arm and broken hip as a result of a post-surgery fall at a hospital transitional care unit, filed an action against the hospital, alleging violation of the Elder Abuse Act (Wel. & Inst.Code, §§ 15600, et seq.). The plaintiff alleged that the unit was chronically understaffed, and did not adequately train the staff it did have. The plaintiff also alleged that the defendant was aware that she had a risk of falling, and that the defendant should have provided a “sitter” as recommended by the patient’s physician.

The trial court sustained the defendant’s demurrer to a second amended complaint without leave to amend, and the court of appeal affirmed, holding that absent facts indicating recklessness, the failure to provide adequate supervision would constitute professional negligence but not elder abuse: Read the rest »

Posted in: Elder Abuse