What is the test for a claim of negligent failure to provide adequate care for elderly carers?

Neglect is defined in section 15610.57, subdivision (a)(1), which in turn includes the negligent failure of an elder custodian "to assist in personal hygiene, or in the provision of food, clothing, or shelter ," "to provide medical care for physical and mental health needs ," "to protect from health and safety hazards," or "to prevent malnutrition or dehydration." ( 15610.57, subd. (b)(1)-(b)(4), italics added.) Thus, the statutory definition of "neglect" speaks not of the undertaking of services, but of the failure to provide care. (Cf. Delaney v. Baker (1999) 20 Cal.4th 23, 34, 82 Cal.Rptr.2d 610, 971 P.2d 986.) This form of abuse is distinct from financial abuse because in order to recover enhanced remedies, including attorney fees and costs, a plaintiff must prove "by clear and convincing evidence" that the defendant "has been guilty of recklessness, oppression, fraud, or malice in the commission of this abuse." ( 15657; see 15610.07, subd. (a).)