In the article, “The Ins and Outs of Bringing an Elder Abuse Lawsuit” published by National Law Journal, partner Louanne Masry discusses the imperative difference between elder abuse and medical malpractice claims and what plaintiffs are entitled to in recovery. On the cusp of Prop 46, she also explains how the passing of this legislation will change the legal landscape.
Proving an elder abuse claim depends on the caregiver’s failure to comply with procedures, resulting in the injury of an elderly; whereas, a medical malpractice claim demonstrates a physician’s failure to diagnose or treat an injury or symptom.
“Both elder abuse and medical malpractice sound in negligence,” says Ms. Masry. “Many of the defendants in elder abuse cases are the same ones you’d find in a medical malpractice case.”
Furthermore, if Prop 46 passes, it would lift the medical malpractice cap in California and “would finally allow many of the patients who couldn’t seek redress under the current cap to finally hold health care providers accountable for their negligence,” comments Ms. Masry.