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14 Jan 2011, 6:02 am
Difference Between Allegations of Professional Medical Negligence and Elder Abuse In Delaney v. [read post]
29 Aug 2010, 8:46 am by Moseley Collins
In Delaney v Baker (1999) 20 Cal.4th 23, 31, the California Supreme Court explained that recklessness under the Elder Abuse Act refers to a subjective state of culpability greater than simple negligence, which has been described as deliberate disregard of the high degree of probability that an injury will occur [citing BAJI 12.77 (defining recklessness in the context of an intentional infliction of emotional distress action)]. [read post]