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ALCOTT REHABILITATION HOSP. v. SUPERIOR COURT

No. B147818.

112 Cal.Rptr.2d 807 (2001)

93 Cal.App.4th 94

ALCOTT REHABILITATION HOSPITAL, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; Peggy Smith, an Incompetent Person, etc., Real Party in Interest.

Court of Appeals of California, Second District, Division Three.

October 24, 2001.

Attorney(s) appearing for the Case

Rushfeldt, Shelley & Drake L.L.P., Kenneth W. Drake, John S. Cayley, Sherman Oaks, Jeffrey T. Bell, and Sherri L. Woods, for Petitioner.

No appearance for Respondent.

Nicholas Heiman and Stewart Levin, for Real Party in Interest.

Houck & Balisok, Russell S. Balisok, Steven Wilheim and Patricia L. Canner, for California Advocates for Nursing Home Reform, Inc., as Amicus Curiae on behalf of Real Party in Interest.

ALDRICH, J.

INTRODUCTION

Real party in interest, plaintiff Peggy Smith (plaintiff), was a woman over the age of 70. A stroke left her incompetent. After the stroke, she became an inpatient at petitioner and defendant Alcott Rehabilitation Hospital (Alcott). Approximately 10 months after the stroke, both of plaintiffs legs were amputated as a result of Alcott's failure to provide her with proper care.

Alcott petitions for a writ of mandate directing...

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