Can a plaintiff bring a cause of action under the Elder Abuse Act based on negligence rather than a showing of recklessness, oppression or malice?
California, United States of America
The following excerpt is from Andrews v. Pomona Valley Hosp. Med. Ctr., B231497 (Cal. App. 2012):
Plaintiff asserts that he may prove a cause of action under the Elder Abuse Act based on a showing of negligence, as opposed to a showing of recklessness, oppression, fraud or malice. Case law holds otherwise. (See, e.g., Carter v. Prime Healthcare Paradise Valley LLC, supra, 198 Cal.App.4th at p. 408 ["absent specific factual allegations indicating at least recklessness (i.e., a conscious or deliberate disregard of a
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