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 Elder Abuse-Legislative Intent
(Delaney v Baker)

Tort-Elder Abuse-Statutory Neglect of An Elder Theory Elements
(Delaney v Baker)

Plaintiff brought this action against Meadowood and the two individuals (Calvin Baker, Sr., and Calvin Baker, Jr.) who served as administrators [20 Cal.4th 28] during portions of the time Ms. Wallien resided at the facility. The case was tried to a jury on theories of negligence, willful misconduct, neglect of an elder as defined by the Elder Abuse Act and wrongful death. On the statutory neglect of an elder theory, the jury was instructed that "[t]he essential elements of such a claim are: [¶] 1. That Mrs. Wallien was 65 years of age or older; [¶] 2. Defendant is liable for neglect as defined, and that [¶] 3. Defendant has been guilty of recklessness, oppression, or malice in the commission of this neglect." The jury instructions defined neglect by reciting the definition of that term in the Elder Abuse Act. (See former § 15610.57.)

Delaney v. Baker (1999) 20 Cal.4th 23 , 82 Cal.Rptr.2d 610; 971
 

Flowers v. Torrance Memorial Hospital Medical Center (1994) 8 Cal.4th 992 , 35 Cal.Rptr.2d 685; 884  
Abuse, of Elder-Tort-Elder Abuse-Standing-Estate of Lowrie
 

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