Robert McKenna makes new law that shields doctors from liability for Elder Abuse

Robert McKenna obtained a dismissal of an individual doctor defendant who was sued for alleged Elder Abuse under the Elder Abuse and Dependent Adult Civil Protection Act. The dismissal was affirmed on appeal in a published decision entitled Frankland v. Etehad. The court found that individual physicians do not render the requisite “robust custodial care” required for liability under The Act. This decision will benefit doctors and other individual health care providers who are routinely included as defendants in Elder Abuse cases against hospitals, skilled nursing facilities and residential care facilities.