Frankland v. Etehad (Aug. 8, 2025, B338370) __ Cal.App.5th __
An elderly patient, under the care of defendant-doctor at a licensed nursing facility, died seven months after being admitted to the facility. The defendant provided negligent medical services related to the evaluation and treatment of the patient. Plaintiff, the patient’s brother, filed suit against defendant, alleging neglect and financial abuse under the Elder Abuse and Dependent Adult Civil Protection Act (the Act). The trial court sustained defendant’s demurrer, holding that the complaint alleged no more than medical negligence and did not state a claim for financial elder abuse under the Act.
The Court of Appeal affirmed. The court explained that the Act does not provide remedies for professional negligence in the absence of robust caretaking or a custodial relationship. A physician does not automatically assume the requisite caretaking or custodial relationship simply by providing professional services to the patient.
