Marika Delgado, Personal Representative of the Estate of Sandra Shaw

Summary

The court held that an actionable claim under the Adult Protective Services Act requires proof that a vulnerable adult suffered an injury caused by abuse from a caregiver, and it abolished the additional four-part test previously used to evaluate such claims. Applying that standard, the court concluded that the estate presented triable evidence that the nursing facility and physician failed to provide necessary care for the decedent’s sepsis, requiring reversal of summary judgment. The court did not decide whether the estate stated a separate neglect claim.