Today, the Supreme Court of California in Winn v. Pioneer Medical Group, held that “the Act does not apply unless the defendant health care provider had a substantial caretaking or custodial relationship, involving ongoing responsibility for one or more basic needs, with the elder patient. It is the nature of the elder or dependent adult’s relationship with the defendant –– not the defendant’s professional standing –– that makes the defendant potentially liable for neglect. Because defendants did not have a caretaking or custodial relationship with the decedent, we find that plaintiffs cannot adequately allege neglect under the Elder Abuse Act.”
This is a dramatic ruling for the Elder Abuse Litigation community because it can potentially eliminate or drastically absolve many health care providers such as physicians, home health care agencies, and other health care providers who have limited or no custodial obligations.
