(October 17, 2017, 2:51 PM EDT) -- SAN DIEGO — A California appeals panel on Oct. 12 directed a lower court to vacate its order granting summary adjudication in favor of a hospital and its owners on a designee's causes of action for elder abuse, fraudulent concealment and medical battery, finding that there are triable issues of material fact as to whether custodial neglect within the meaning of the Elder Abuse Act occurred when the hospital authorized a patient's pacemaker surgery over the designee's objection and as to whether the hospital’s conduct was reckless (Maxine Stewart v. The Superior Court of San Bernardino County, et al., No. E067316, Calif. App., 4th Dist., Div. 2, 2017 Cal. App. LEXIS 879)....