Tailfeather v. Board of Supervisors of the County of Los Angeles

B093679 (Cal. Ct. App. filed Feb. 13, 1996). ; Clearinghouse Number: 51176

Description

Low-Income Residents Sue Los Angeles County for Not Adopting Standards for Timely Delivery of Medical Care to Indigent

Abstract

The parties have filed their briefs on appeal in this class action alleging that interminable delay in delivering essential medical care to indigent residents of Los Angeles County has become the norm in county facilities. Plaintiffs claimed that defendant county board of supervisors’ failure to adopt any standards on the timely provision of medical care violated their duty under state law to provide necessary medical care to indigent residents and to ensure its adequacy. The trial court granted defendant’s motion for summary judgment. On appeal, plaintiffs argue that, although defendant’s motion supposedly raised purely legal issues, the court’s important factual findings about the health care system were outside the scope of defendants’ separate statement of undisputed material facts and disputed by plaintiffs. Plaintiffs also argue that the trial court erred in its legal interpretation of their statutory claims. They assert that the state’s welfare and institutions code requires the county to provide necessary medical care (including emergency care) to indigent residents without any other means to care for themselves, to provide such medical care "promptly," and to adopt standards of . care; no other statutes excuse the county from this mandatory duty. Plaintiffs also argue that the trial court erred in holding that defendants are required to provide medical care only to the poorest of the poor (those eligible for the county’s general relief program) and that due process requirements compel the county to adopt some standards concerning the timely delivery of medical care to the indigent.

Additional Information

Attorney Information
Plaintiffs/Appellants represented by Robert Newman, Clare Pastore, Richard Rothschild, Western Center on Law and Poverty, 3701 Wilshire Blvd., Suite 208, Los Angeles, CA 90010-2809, (213) 487-7211; Beth Osthimer, Yolanda Vera, Kirk McInnis, Yolanda Arias, Mark Rosenbaum, Silvia Argueta, John Rittmayer.
Docket Date
1970-01-01 06:00:00+00:00