Samantha B. v. Aurora Vista Del Mar
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Plaintiff’s, two patients at an acute psychiatric hospital, obtained judgments against the hospital and its parent company under the Elder Abuse and Dependent Adult Civil Protection Act (“the Elder Abuse Act”).
On appeal, Defendants claimed that the Medical Injury Compensation Reform Act of 1975 (“MICRA”) applied to Plaintiffs’ claims. Defendants contend that under MICRA, Plaintiffs’ claims are time-barred.
The Second Appellate District explained that MICRA is “designed to discourage medical malpractice lawsuits,” whereas the Elder Abuse Act permits “interested persons to engage attorneys to take up the cause of abused elderly persons and dependent adults. The legislative intent is clear that professional negligence and the Elder Abuse Act are separate and distinct. Thus, Plaintiffs’ claims under the Elder Abuse Act were not time-barred.
The otherwise court affirmed the lower court’s rulings over Defendants’ objections. However, on Plaintiffs’ appeal, the court ordered a new trial on the issues of respondeat superior and ratification.
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