Something More Than Negligence Required For Elder Abuse.

Plaintiff contended a transitional medical care unit was understaffed and the staff was undertrained and the trial court sustained a demurrer of a hospital and health care system to the elder abuse cause of action. After being released from a hospital following surgery for a broken hip, a woman was sent to a transitional care unit where she fell and broke her arm and re-broke her hip. In affirming, the appellate court stated:  “The Elder Abuse Act does not apply to simple or gross negligence by health care providers. [] To obtain the enhanced remedies of [Welfare & Institutions Code] section 15657 ‘a plaintiff must demonstrate by clear and convincing evidence that defendant is guilty of something more than negligence; he or she must show reckless, oppressive, fraudulent, or malicious conduct.’” (Worsham v. O’Connor Hospital (Cal. App. Sixth; May 20, 2014)226 Cal.App.4th 331, [171 Cal.Rptr.3d 667].)