Tentative ruling issued by Judge Dennis J. Landin on Jun. 15, 2021 in Los Angeles County, CA - Case no: xxxxx242

Elder Abuse

Defendants argue that it was the negligent manner of treatment, not the failure to provide medical care, the Plaintiff is asserting. However, Plaintiff is not only complaining about the negligent selection of the treatments, but also denial of hydration and nutrition while in the hospital. Whether this should be interpreted as an abuse is a question of fact.

Also, while Defendants argue that there was no recklessness, oppression, malice, this is also a question of fact as there could at least be recklessness on the hospital's part and it is reasonable to find malice when a person's safety is involved.

See e.g. CACI 3114 (“Malice” means that the defendant acted with intent to cause injury or that his/her conduct was despicable and was done with a willful and knowing disregard of the rights or safety of another. A person acts with knowing disregard when the person is aware of the probable dangerous consequences of the person’s conduct and del….....