INTRODUCTION
The Court sustained a demurrer by the Medical Center Defendant to the Cause of Action for dependent adult neglect without leave to amend. Plaintiff took a writ which was summarily denied.
Defendant Dr. Michael Tolwin demurs to the Second and Fourth Causes of Action in Plaintiff’s Second Amended Complaint for:
1. Wrongful Death;
2. Dependent Adult Abuse;
3. Negligence;
4. Negligent Supervision, Hiring and Retention; and
5. Corporate Negligence.
Dr. Tolwin also moves to strike the prayer for punitive damages and associated allegations.
PRIOR ALLEGATIONS
In prior versions of his complaint, it was alleged Eduardo Vazquez (“decedent”) was “voluntarily admitted” for a “voluntary psychiatric hold” at St. Francis Medical Center on February 3, 2015. The complaint now alleges he refused to sign admission documents. Given the prior allegations, Plaintiff should be prepared to address this significant change.
SUMMARY OF ALLEGATIONS
Dr. Tolwin provided psychological care to dec
Hearing Date
April 18, 2017
Type
Med Malpractice (Drs & Surgeons) (General Jurisdiction)
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INTRODUCTION
The Court sustained a demurrer by the Medical Center Defendant to the Cause of Action for dependent adult neglect without leave to amend. Plaintiff took a writ which was summarily denied.
Defendant Dr. Michael Tolwin demurs to the Second and Fourth Causes of Action in Plaintiff’s Second Amended Complaint for:
1. Wrongful Death;
2. Dependent Adult Abuse;
3. Negligence;
4. Negligent Supervision, Hiring and Retention; and
5. Corporate Negligence.
Dr. Tolwin also moves to strike the prayer for punitive damages and associated allegations.
PRIOR ALLEGATIONS
In prior versions of his complaint, it was alleged Eduardo Vazquez (“decedent”) was “voluntarily admitted” for a “voluntary psychiatric hold” at St. Francis Medical Center on February 3, 2015. The complaint now alleges he refused to sign admission documents. Given the prior allegations, Plaintiff should be prepared to address this significant change.
SUMMARY OF ALLEGATIONS
Dr. Tolwin provided psychological care to dec