ELDER ABUSE: Riddle v. Fresno Community Hospital and Medical Center et al.* (Court of Appeal, Fifth Appellate District, F074945)

CMA, along with other amici, filed an amicus brief in support of the hospital to ensure that health care providers have certainty as to the available remedies in litigation against them for purported errors in providing medical care. This case arises out of the death of a patient following surgical care he received at the hospital. The plaintiff alleges that substandard care was provided during and after cardiac surgery as a result of the surgeon’s impairment and that such surgical and post-surgical care qualifies as neglect or physical abuse within the meaning of the Elder Abuse Act.

CMA’s brief explains the distinctions between MICRA and the Elder Abuse Act and argues that plaintiffs should not circumvent MICRA’s protections to limit remedies by applying the Elder Abuse Act when bringing claims for injuries allegedly arising from medical care. The parties have settled this case and the Court of Appeal has dismissed this case.