Carter v. Prime Healthcare Paradise Valley

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Filed 8/24/11 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA ELAINE CARTER, Individually and as Personal Representative, etc., et al., D057852 Plaintiffs and Appellants, (Super. Ct. No. 37-2009-00100918CU-PO-CTL) v. PRIME HEALTHCARE PARADISE VALLEY LLC, ORDER MODIFYING OPINION [No Change in Judgment] Defendant and Respondent. THE COURT: 1. In part II.B.2.b., in the first full sentence on page 16 of the slip opinion (beginning with "The only acts"), (1) replace commas with semicolons between the words "shower" and "not" and "bathing" and "not" (2) add a semicolon after the word "hydration"; (3) replace the words "treating his" with "treating the"; and (4) add after the word "ulcers" the words "on his lower back and buttocks, resulting in sepsis" so that sentence now reads in its entirety as follows: The only acts and omissions listed in these "counts" that arguably are sufficiently egregious to constitute elder abuse abandoning and isolating Grant in the shower; not drying him after bathing; not providing sufficient fluids for proper hydration; and not treating the pressure ulcers on his lower back and buttocks, resulting in sepsis (see Welf. & Inst. Code, § 15610.07, subd. (a) [abuse includes abandonment and isolation]; id., § 15610.57, subd. (b)(1), (2), (4) [neglect includes failure to assist with hygiene, provide medical care or prevent dehydration]) are attributable exclusively to the Center. There is no change in the judgment. HUFFMAN, Acting P. J. 2

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