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May 18, 2018

Getting it right in elder abuse cases

Plaintiff advocates need to know how to handle the Winn decision.

George R. Kindley

Partner
The Kindley Firm, APC.

Email: george@kindleylawyers.com

George has broad litigation experience handling matters involving catastrophic personal injury, nursing home abuse and neglect, trucking accidents, and wrongful death. In the elder abuse area, Mr. Kindley continues to fight to improve the care that elderly and dependent adults receive as well as to redress wrongs committed by the care facilities and their owners.

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Two years ago, the California Supreme Court confronted the question of whether a defendant medical group could be held liable for “neglect” under the Elder Abuse Act (Cal. Welf. & Inst. Code Sections 15600, et seq.) based upon its care and treatment of a competent elder adult seen intermittently in their medical office. The defendant medical group’s position was that it could not be held liable for “neglect” under the Act because (a) it had only treated the elder,...

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