California Court of Appeal

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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

Counsel