California Supreme Court: Custody Necessary For Elder Abuse Negligence Claims

(May 20, 2016, 1:40 PM EDT) -- SAN FRANCISCO — The California Supreme Court on May 19 said that if defendants do not have a “caretaking or custodial relationship” with a decedent, the surviving family members cannot “adequately allege neglect under the Elder Abuse Act” of California (Kathleen A. Winn, et al. v. Pioneer Medical Group Inc., et al., No. S211793, Calif. Sup.; 2016 Cal. LEXIS 3432).

(Opinion available. Document #77-160525-016Z.)

The court said that Kathleen A. Winn and Karen Bredahl could not claim negligence against Pioneer Medical Group Inc., Dr. Emerico Csepanyl,...
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