Estate of McGill v. Albrecht
In Estate of McGill v. Albrecht, 203 Ariz. 525, 57 P.3d 384 (2002), the supreme court addressed conflicting arguments regarding APSA and the Medical Malpractice Act ("MMA").
It held that a cause of action under MMA does not automatically preclude an action under APSA.
McGill's estate filed suit against two doctors and ComCare, a company that provided McGill with behavioral and mental health services. Id. at 527, P 3, 57 P.3d at 386.
The complaint alleged negligence, neglect, and abuse of McGill under both APSA and MMA. Id. at P 4.
The trial court dismissed the APSA claim, finding that it was based solely on the medical malpractice claim. Id.
The supreme court granted review to determine whether a victim of elder abuse could maintain a damage action pursuant to both APSA and MMA. Id. at 526, P 1, 57 P.3d at 385.
The supreme court reiterated the legislative intent of APSA as increasing the remedies available to and for elderly people who had been harmed by caregivers. Id. at 528, P 6, 57 P.3d at 387.
It ultimately laid out a test to determine when a negligent act or acts would be actionable under APSA. Id. at 530, P 16, 57 P.3d at 389.