Elder Abuse Opinion -Appeal by Mark J. Habeeb

Elder Abuse Opinion -Appeal by Mark J. Habeeb

Elder Abuse Opinion -Appeal by Mark J. Habeeb

In a case where a hospital authorized a surgery without consent of the girlfriend of an incapacitated patient, the Trial Court found that the behavior amounted to professional negligence and not Elder Abuse as defined in the California Statute, Welfare and Institutions Code Section 15610.57. Mark J. Habeeb drafted an appeal to the Fourth District Court of Appeals in the the State of California.  The Appellate Court, in a partially published opinion, ruled with Mr. Habeeb, finding that the “Elder Abuse Act affords certain protections to elders and dependent adults.”  In a ruling that was partially published from the Fourth District of the California Court of Appeals, The Appellate Court agreed with Mr. Habeeb and found that the Trial Court erred in finding the behavior of the hospital did not amount to Elder Abuse.  The Court of Appeals found that there were sufficient facts for a reasonable jury to find the hospital “failed to protect the [patient] from health and safety hazards while under their custodial care.  The Court found the specific acts of the hospital were subject to the protections of the Elder Abuse Acts and entitled the plaintiffs to enhanced remedies under the law.          Citation:  https://caselaw.findlaw.com/ca-court-of-appeal/1877285.html

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