Recently, a state appellate court issued an opinion in a case against a California nursing home. The case required the court to determine if an arbitration agreement, signed by the resident’s adult daughter, was valid and enforceable. Ultimately, the court affirmed the lower court’s finding that there was substantial evidence…
Recently, the California Court of Appeal addressed whether a plaintiff in a lawsuit involving claims for willful misconduct and elder abuse had pled sufficient facts to support these causes of action. In this unpublished opinion, the court stated that while the plaintiff pled sufficient facts to support a cause of action for negligence, he had not…
The California Court of Appeals for the Sixth Circuit recently issued an opinion that is instructive in several personal injury legal doctrines in California: negligence, professional negligence, and the Elder Abuse Act. In the case, Worsham v. O’Connor Hospital, 226 Cal.App.4th 331 (2014), Ms. Worsham entered a hospital to undergo hip surgery to treat…