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Healthcare and Business Litigation Partner Michael A. Zuk is pleased to report that the Second District Court of Appeals sustained the Trial Court’s Order sustaining the demurrer filed to a Second Amended Complaint for elder abuse in Hubbard v. Zargarian, M.D. (B207427).  In the underlying case Mr. Zuk was successful in having the demurrer sustained, without leave to amend, in an alleged elder abuse action which involved allegations of elder abuse involving an alleged failure to treat Stage IV Ducubitus (down to the bone) ulcers and failing to evaluate and care for the decedent’s skin while she was under the care of Dr. Zargarian in the hospital.  Moreover, the Complaint alleged that Dr. Zargarian was responsible for the implementation by nursing personnel of appropriate care.

The Court of Appeal rejected this argument indicating in order that to state a claim against the physician, the ultimate facts alleging knowledge of the high degree of probability of injury and deliberate disregard of the same are required to be pled, and further noted that as a cardiologist, Dr. Zargarian had no duty, as argued by Mr. Zuk, to supervise nursing personnel.

Product Liability Chair and Business Litigation Attorney Craig Winterman argued the matter before the Second District Court of Appeal.