MICRA AND ELDER ABUSE (4-06)

We have recently encountered attempts by plaintiffs’ attorneys to further expand the already broad scope of the Elder Abuse and Dependent Adult Civil Protection Act (“Elder Abuse Act”). Specifically, they argue that there are two kinds of elder neglect — (1) “simple” elder neglect, and (2) reckless, oppressive, fraudulent or malicious elder neglect — and that proving either type of neglect takes the action outside of MICRA.

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