Practice Area: Healthcare Litigation

Healthcare Practice Litigation

Jackson & Wallace LLP's medical malpractice unit includes: Allan Gutsche and Joanna MacQueen. Their experience includes defending various medical professionals and facilities in negligence cases, from physicians and nurses to long term care facilities and professional staffing companies. Ms. MacQueen has advised long term care facilities on corporate compliance and defended cases involving Elder Abuse and Dependant Adult Civil Protection Act (EADACPA) claims.

The Jackson & Wallace LLP medical malpractice unit has also been following the increasing litigation based on the EADACPA Welfare & Inst. Code Section 15610, et seq., including:

  • The Marron v. Superior Court, (2003) 108 Cal. App.4th 1049 case, which will fuel the continuing onslaught of litigation against California's health care industry. In Marron, the Fourth Appellate district held that there is no prerequisite that a person be physically or mentally limited to fall within EADACPA's protected group, rather he/she need only be between the ages of 18 and 64 and admitted as an inpatient to a 24-hour health facility.
  • Jackson & Wallace LLP has written in support of Life Care's Petition for Review of the case Norman v. Life Care, (2003) 107 Cal. App.4th 1233. The California Supreme Court in Delaney v. Baker, (1999) 20 Cal. App.4th 23, held that the heightened remedies of EADACPA are only available upon a showing of clear and convincing evidence that a defendant's conduct is more than merely negligent and that Plaintiff must show reckless, oppressive, fraudulent or malicious conduct. In this context, the court in Gregory v. Superior Court, (2000) 80 Cal. App.4th 514, held that Title 22 regulations were a "factor to be considered by the jury in determining the reasonableness of the conduct in question." By contrast, the Norman court held that Title 22 regulations establish the standard of care for skilled nursing facilities and any violation can support a "presumption of negligence".
  • Jackson & Wallace LLP has written to the Governor requesting a veto of Assembly Bill 634 which eliminates the ability of parties to enter into confidential settlement agreements and prohibits agreements that documents obtained during discovery remain confidential in cases filed under EADACPA.