What is a Managing Agent in An Acute Care Facility?

Written by Adam Peck Category: Elder Abuse May 16th, 2013 2 min read

When are Managing Agents Guilty of Reckless Conduct

The final element to prove in a dependent adult abuse case seeking enhanced remedies is that a managing agent knew of, ratified, or is personally guilty of the reckless conduct. In an acute care facility, look to who created the policies and procedures, who was responsible for ensuring that the nursing staff knew, understood and applied the policies and procedures, who decided the staffing levels for the units on which your client was a patient, who trained the staff on the proper use of alarms, fall precautions, and call lights, etc.

Helpfully, the only published opinion that discusses the element of managing agent is Marron v. Superior Court, which is a dependent adult abuse case against an acute care facility. The court in Marron found that a nursing supervisor in a hospital is a managing agent. (See Marron, 108 Cal.App.4th 1049).

When alleging facts against a managing agent, it is very important to name the managing agent’s employer as a defendant. This seems obvious, as many times a managing agent may be employed by the corporate owner, rather than the acute care facility where the patient is being treated. Because this information may only be obtained through discovery, be prepared to name the managing agent’s employer as a Doe defendant as that information becomes available.

The PECK LAW GROUP specializes in Personal Injury matters relating to Serious and Catastrophic Injury, Truck Accidents, Nursing Home Abuse and Neglect, Bed Sores, Decubitus Ulcers, and Pressure Sores, Medical Malpractice, Surgery Errors, Traumatic Brain Injury, Birth Injury and Wrongful Death that are determined to be a breach of the standard of care. Our experts and our attorneys have superior knowledge and know-how in handling these type of matters from inception to Trial if need be. You will receive superior representation and, of course, the best possible result based upon our know-how and expertise.

elder_law Call us Now. THE PECK LAW GROUP In Southern California at (818) 908-0509; In Northern California at (925) 808-5708; or all across the United States toll free at (866) 999-9085

– from Steven Peck, Senior Attorney at Peck Law Group

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Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.