Aug 23, 2006 Robin Meadow
Court rebuffs attempt to expand elder abuse liability
Pagarigan v. Greater Valley Medical Group, Inc. (Aug. 23, 2006, B172642) 2006 WL 2425298 (California Court of Appeal, Second District, Division Seven (Los Angeles)) [nonpublished opinion]. Barbara Ravitz and Robin Meadow prevailed in this test case for expanding elder abuse liability beyond immediate caregivers. The Court of Appeal affirmed the dismissal of the complaint against GMSR’s client (although it reversed as to another defendant). The appellate court rejected the plaintiffs’ contention that GMSR’s client – a provider of medical management services – could be vicariously liable for elder abuse on the basis of its contractual relationship with the actual healthcare provider that the plaintiffs claimed provided economic incentives for substandard care.