Elder abuse claim stated by alleging that elder care facility knowingly and repeatedly violated state staffing regulations in order to save money and elder patient suffered a fatal fall because there was insufficient staff available to keep him from falling. Heirs and a personal representative of an elderly mentally ill patient who fell and broke his hip the first day he was transferred to defendant’s care facility stated a cause of action for elder abuse based on allegations that the care facility knowingly violated state staffing regulations in order to cut costs and that the insufficient staff at the facility led to the patient’s being left alone despite the fact he was known to be at extreme risk of falling.
California Court of Appeal, Second District, Division 8 (Flier, J.); March 9, 2016 (published March 28, 2016); 2016 WL 1191530