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Personal Injury Law

Sacramento Injury Lawyer Blog

Covers news and events dealing with accident and injury law.
By Moseley Collins, Esq.

Post Frequency: 1.3/day

Last Entry: March 28, 2011 at 11:46:41

Sacramento Family Sues Local Hospital For Elder Abuse, Part 7 of 11

Posted on April 17, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/medical malpractice case and its proceedings.) Neglect Welfare & Institutions Code § 15610.57 defines the term neglect in the context of elder abuse as follows: (a) Neglect means either of the following: (1) The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise...

Negligence By Sacramento Physicians In Local Hospital, Part 6 of 11

Posted on April 14, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/medical malpractice case and its proceedings.) Elder Abuse Remedies The remedies available for elder abuse claims are listed in Welfare & Institutions Code § 15657, which states: Where it is proven by clear and convincing evidence that a defendant is liable for physical abuse as defined in Section 15610...

Medical Malpractice And Elder Abuse By Sacramento Doctors, Part 5 of 11

Posted on April 12, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/medical malpractice case and its proceedings.) CAUSATION MUST BE PROVEN TO A REASONABLE MEDICAL PROBABILITY One of the essential elements of plaintiff's claim is causation...

Wrongful Death At Sacramento Hospital, Part 4 of 11

Posted on April 09, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/medical malpractice case and its proceedings.) The dialysis concluded at 5:42. Mr. Reed initially got a BP of 90/21, but checked it again and it was 90/37...

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Elderly Patient Dies At Sacramento Hospital, Part 3 of 11

Posted on April 07, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/medical malpractice case and its proceedings.) Evening of October 10, 2006 October 10, 2006 was the first day of a strike at the two MC hospitals...

Sacramento Hospital Patient Sues For Elder Abuse, Part 2 of 11

Posted on April 04, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/medical malpractice case and its proceedings.) The Pressure Sore On August 17, 2006, the plaintiff was evaluated by Kim White R...

Sacramento Elder Abuse Leads To Lawsuit, Part 1 of 11

Posted on April 01, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/medical malpractice case and its proceedings.) INTRODUCTION This is an action for professional negligence, and ostensibly, for elder abuse, with a claim for punitive damages...

Sacramento Residential Nursing Home Sued For Reckless Abuse, Part 11 of 11

Posted on March 28, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/wrongful death case and its proceedings.) PLAINTIFFS' THIRTEENTH CAUSE OF ACTION FOR UNFAIR BUSINESS PRACTICES STATES A CLAIM...

Elder Abuse Act Violations By Sacramento Facility, Part 10 of 11

Posted on March 25, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/wrongful death case and its proceedings.) PLAINTIFFS' EIGHTH CAUSE OF ACTION FOR ELDER ABUSE WITH FRAUD STATES A CLAIM...

Reckless Abuse By Sacramento Nursing Home Staff, Part 9 of 11

Posted on March 22, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/wrongful death case and its proceedings.) Defendants have a laundry list of objections to the fraud cause of action, but they cite few specific authorities...

Sacramento Man's Family Sues For Elder Care Abuse, Part 8 of 11

Posted on March 20, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/wrongful death case and its proceedings.) PLAINTIFFS' SIXTH CAUSE OF ACTION FOR NEGLIGENT HIRING, SUPERVISION, AND RETENTION OF REBECCA COCKRILL STATES A CLAIM...

Fraud By Sacramento Nursing Facility Leads To Elder Abuse Lawsuit, Part 7 of 11

Posted on March 18, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/wrongful death case and its proceedings.) PLAINTIFFS' FOURTH CAUSE OF ACTION STATES CLAIMS FOR RECKLESS OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AS TO STEVEN BROWN The elements of the tort are: (1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the Claimant's suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant's outrageous conduct...

Sacramento Man Neglected And Abused In Residential Facility, Part 6 of 11

Posted on March 15, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/wrongful death case and its proceedings.) Here, Dani O?Brien made complaints prior to April 2006 regarding medication errors affecting her mother's medications...

Sacramento Nursing Care Resident Dies After Abuse, Part 5 of 11

Posted on March 13, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/wrongful death case and its proceedings.) The lower court granted summary judgment for defendants, finding that the facts adduced by plaintiffs amounted only to medical negligence and not "reckless neglect...

Reckless Neglect And Abuse By Sacramento Nursing Home, Part 4 of 11

Posted on March 10, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/wrongful death case and its proceedings.) Plaintiffs State A Claim for Willlful or Reckless Neglect of An Elder By Alleging That Defendants Failed to Make Effective Changes To Their Care Plans for Fall Prevention and Medication Administration Despite Being On Notice of Falls By Mr...

Sacramento Elder Care Facility Sued For Abuse, Part 3 of 11

Posted on March 08, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/wrongful death case and its proceedings.) Abuse of an elder or a dependent adult is defined in Section 15610...

Elder Abuse And Fraud Suit Filed By Sacramento Family, Part 2 of 11

Posted on March 04, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/wrongful death case and its proceedings.) PLAINTIFFS' FIRST CAUSE OF ACTION STATES CLAIMS FOR WILFUL OR RECKLESS NEGLECT OR ABUSE OF AN ELDER Plaintiffs State A Claim for Willful or Reckless Neglect of An Elder By Alleging That Defendants Chose To Maximize Profits By Understaffing And Underbudgeting Universal Care In Disregard Of Resident Safety and Welfare...

Sacramento Family Sues For Elder Abuse, Part 1 of 11

Posted on March 02, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/wrongful death case and its proceedings.) Plaintiffs' Memorandum of Points and Authorities in Opposition to Demurrer by All Defendants with Respect to the Brown Plaintiffs INTRODUCTION This is an action for elder abuse, fraud, wrongful death, unfair business practices and related causes of action against the corporate owners and managers of Universal Care?s Alzheimer's and Dementia Care Division...

Elder Care Facilities Sued By Sacramento Families, Part 6 of 6

Posted on February 25, 2010
The following blog entry is written from a defendant?s position during pre-trial litigation. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in an elder abuse case present such issues to the court...

Sacramento Elder Abuse Advocates Seek Damages From Multiple Facilities, Part 5 of 6

Posted on February 23, 2010
The following blog entry is written from a defendant?s position during pre-trial litigation. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in an elder abuse case present such issues to the court...

Sacramento Nursing Home Insurers Fight To Withhold Benefits, Part 4 of 6

Posted on February 20, 2010
The following blog entry is written from a defendant?s position during pre-trial litigation. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in an elder abuse case present such issues to the court...

Families From Sacramento-Area File Suit Against Elder Care Facility, Part 3 of 6

Posted on February 17, 2010
The following blog entry is written from a defendant?s position during pre-trial litigation. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in an elder abuse case present such issues to the court...

Sacramento Nursing Facility Sued For Elder Abuse, Part 2 of 6

Posted on February 15, 2010
The following blog entry is written from a defendant?s position during pre-trial litigation. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in an elder abuse case present such issues to the court...

Sacramento Elder Care Organization Sues Nursing Facility, Part 1 of 6

Posted on February 13, 2010
The following blog entry is written from a defendant?s position during pre-trial litigation. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in an elder abuse case present such issues to the court...

Wrongful Death Of Sacramento Man Leads To Elder Abuse Suit, Part 8 of 8

Posted on February 10, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/personal injury case and its proceedings.) e. The PlaintifFs Should Have the Benefit of Delayed Accrual of the Elder Abuse Claims...

Sacramento Man Suffers Elder Abuse And Wrongful Death, Part 7 of 8

Posted on February 08, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/personal injury case and its proceedings.) d. The Doctors Are Accused by Sufficiently Allegations of Reckless Neglect Under the Elder Abuse Act...

Elderly Sacramento Man Poisoned At Nursing Facility, Part 6 of 8

Posted on February 06, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/personal injury case and its proceedings.) Tina Steinford, a distraught daughter of Paul Steinford, decided that her father should not have suffered and died but only could guess why...

Toyota Chief Offers Apology For Recent Car Accidents And California Recall

Posted on February 06, 2010
The recent public apology by Toyota's chief was overdue as the automaker was forced to recall millions of vehicles that could potentially malfunction (obviously, some already have), possibly causing injury to the occupants as well as other drivers sharing the road...

Sacramento Doctors Sued For Medical Negligence And Elder Abuse, Part 5 of 8

Posted on February 04, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/personal injury case and its proceedings.) Finally, in 2007, after searching diligently to find help to review the suspected claim, Ms...

Sacramento Victim's Daughter Files Elder Abuse Action Against Nursing Facility, Part 4 of 8

Posted on February 01, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/personal injury case and its proceedings.) The legislature, in codifying the discovery rule, has also required plaintiffs to pursue their claims diligently by making accrual of a cause of action contingent on when a party discovered or should have discovered that his or her injury had a wrongful cause...

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