The court explained that evidence here that Plaintiff scored below the level necessary to “solve complex problems such as managing a checking account” supports the conclusion that he was unable to manage his financial affairs. Both sides relied on medical records to demonstrate whether Plaintiff had the mental capacity to consent to the arbitration agreement. Oxnard Manor filed a petition to compel arbitration. Plaintiff remained a resident at Oxnard Manor until his death nine years later, individually and as Plaintiff’s successors in interest, sued Oxnard Manor for elder abuse/neglect, wrongful death, statutory violations/breach of resident rights, and negligent infliction of emotional distress. It stated that he gave up his right to a jury or court trial, and required arbitration of claims arising from services provided by Oxnard Manor, including claims of medical malpractice, elder abuse, and other torts. Four days later, on October 7, Plaintiff signed an arbitration agreement. He entered Oxnard Manor, a skilled nursing facility, on October 3. John’s inpatient rehabilitation facility. John’s Regional Medical Center for two weeks, followed by a month in St. ![]() Plaintiff suffered a stroke on August 18, 2009. Accordingly, because Plaintiff filed his suit more than a year after his amputation, the trial court did not err in sustaining the County’s demurrer on statute of limitations grounds. Plaintiff failed in the FAC to plead specific facts to show he could not have earlier made this discovery, even with reasonable diligence. The court held that, here, where both section 945.6 and MICRA apply, Plaintiff was obligated to meet the deadlines set forth in both statutes.įurther, the court held the allegations of the fac do not support a delayed discovery exception to the one-year statute of limitations. Except in circumstances inapplicable here, “any suit brought against a public entity on a cause of action for which a claim is required to be presented” must be brought within six months after the County’s rejection of the claim. Plaintiff contended the trial court erred in sustaining the demurrer because the applicable statute of limitations is three years when both MICRA and section 945.6 apply, not one year. Plaintiff appealed from a judgment of dismissal of his medical negligence claim against Defendant County of Santa Clara, after the trial court sustained the County’s demurrer without leave to amend on statute of limitations grounds. The Board had a compelling interest in investigating Dore’s allegedly improper conduct. ![]() The family member explained his reason for seeking treatment from Dore, identifying the medications she prescribed, and describing the treatment she provided.The court of appeal affirmed the trial court, which ordered compliance, impliedly concluding the Board established good cause to justify the production of the family member’s private medical information. Dore's expert, a psychiatrist and licensed California attorney, disagreed with the assertion that prescribing controlled substances to family members presumptively violates the standard of care. A Board-certified psychiatrist opined it was necessary to obtain the family member’s medical records to evaluate whether Dore complied with the standard of care, noting an AMA ethics opinion counseling physicians against treating family members except in emergencies. Her family member objected to the subpoena.The Board sought an order compelling compliance and provided reports from the Controlled Substance Utilization Review and Evaluation System (CURES) database. ![]() Dore refused to produce the records and objected to the interrogatories. The Board served her with an investigative subpoena seeking medical records supporting the prescription of the controlled substances to a family member and with investigative interrogatories requesting information about the family member's treatment and employment with Dore. The Board discovered suspected irregularities in Dore's prescription of controlled substances. A patient filed a complaint concerning Dr.
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |