California Court of Appeal
Winn v. Pioneer Medical Group, Inc., B237712
The trial court's dismissal of plaintiffs' complaint for elder abuse, based on defendant-physicians' repeated decisions not to refer their mother to a vascular specialist over a two-year period during which her diminishing vascular flow worsened without treatment, is reversed and remanded, where: 1) the elder abuse statute does not limit liability to health care providers with custodial obligations; 2) plaintiffs’ complaint sufficiently alleges reckless neglect; and 3) the question whether defendants' conduct was reckless, rather than merely negligent, is for a jury to decide.
Appellate Information
- Decided 05/24/2013
- Published 05/24/2013
Judges
- GRiMES
Court
- California Court of Appeal