that the enhanced remedies it offers are “in addition to all other remedies otherwise provided by law.” (Welfare and Institutions Code section 15657). Consequently, elder abuse claimants can seek remedies such as past medical bills, even though the Elder Abuse Act does not expressly authorize this type of recovery.
In the same vein, it appears reasonable to assert that elder abuse claimants should have the same entitlement to recover pre-death pain and suffering as any other tort claimant. However, this interpretation raises the question of what CCP section 377.34(f) was intended to accomplish if not to create an exception for elder abuse claimants.
What is the purpose of Section 377.34(f)?
We contend that one plausible purpose of CCP section 377.34(f) may have been argentina whatsapp number data to safeguard the availability of pre-death pain and suffering damages previously permitted under Welfare and Institutions Code section 15657(b) in case the amended CCP section 377.34 were to expire. Regrettably, as of now, there are no California appellate court cases addressing this specific issue.
In summary, the application of the amended CCP section 377.34 to elder abuse plaintiffs remains a subject of contention and uncertainty. The wording of section 377.34(f) and its relationship with the Elder Abuse Act has led to differing interpretations, with some arguing for exclusion of elder abuse claimants from uncapped pre-death pain and suffering recovery, while others advocate for equal treatment with other tort claimants. Until this matter is resolved at the appellate level or through further legislative clarification, the question of whether elder abuse plaintiffs can seek uncapped pre-death pain and suffering damages under the new legal framework remains unsettled.
Bio
Elder abuse attorney Ed Dudensing formed Dudensing Law in 2003. A former Deputy District Attorney, he now exclusively represents victims of nursing home abuse and neglect in Sacramento and the San Francisco Bay Area.
In addition to being a highly successful litigator, Ed Dudensing is a passionate advocate for nursing home reform.