On May 24, 2012, plaintiff George Rosacker, 81, a retiree, presented to the emergency room at Western Medical Center – Santa Ana with complaints of general weakness that had been progressing over the past few days. In the emergency room, he was diagnosed with sepsis, pneumonia, hyperkalemia and renal failure, and was noted as having a history of rectal cancer with recent chemotherapy and radiation. On admission to the hospital, Rosacker was found to have a Stage I pressure ulcer in the coccyx area. The admitting nurse subsequently initiated a wound care protocol that consisted of Mepilex dressing, a nutritional consult and a turning schedule. On June 1, 2012, it was determined by hospital staff that Rosacker had a deep-tissue injury that had reached the surface and began to open. A wound care nurse examined the area and added a KinAir Bed (pressure-relieving mattress) to the treatment. Rosacker remained hospitalized until June 4, 2012, at which time he was discharged to a skilled nursing facility. Rosacker had multiple additional hospitalizations over the next several months for complications of his rectal cancer and for care of the pressure ulcer. He ultimately passed away on Sept. 3, 2012, with his cause of death listed as rectal cancer. Chronic renal failure and the sacral decubitus ulcer were listed as other significant conditions that contributed to his death. Rose Rosacker, acting individually and as the representative of George Rosacker’s estate, sued Western Medical Center – Santa Ana. Ms. Rosacker alleged that the medical center’s actions constituted elder abuse, resulting in the decedent’s wrongful death. She also alleged that the medical center’s actions constituted intentional infliction of emotional distress and negligent infliction of emotional distress. Plaintiff’s counsel contended that the decedent was subjected to negligent nursing and reckless nursing misconduct, which lead to the development of the pressure ulcer that caused the decedent to develop osteomyelitis, resulting in his death. Thus, counsel asserted that the hospital’s nursing policies and procedures constituted a nursing standard of care, but that because the nurses violated several of the hospital’s policies, the nurses fell below that standard of care. Defense counsel asserted that the nursing care at Western Medical Center was within the standard of care, that the deep-tissue injury began developing before the decedent’s hospitalization, that the deep-tissue injury was a consequence of the decedent’s rectal cancer, and that the decedent’s death was solely the result of the rectal cancer. Thus, defense counsel asserted that Western Medical Center’s policies and procedures were irrelevant to the standard of care, and brought a motion in limine to exclude any evidence of the medical center’s policies and procedures. Judge Ronald Bauer ultimately granted defense counsel’s motion in limine. During trial, at the conclusion of the plaintiff’s case, defense counsel moved for non-suit on the elder abuse cause of action on the grounds that there was insufficient evidence to go to the jury on the element of “managing agent.” Defense counsel also moved for non-suit on the plaintiffs’ claim of intentional infliction of emotional distress. Judge Bauer granted defense counsel’s non-suit motions, and the matter went to the jury on the causes of action for wrongful death and negligent infliction of emotional distress only., George Rosacker died on Sept. 3, 2012. His cause of death was listed as rectal cancer with chronic renal failure and a sacral decubitus ulcer being listed as other significant conditions that contributed to his death. He was 81. Ms. Rosacker sought recovery of damages in excess of $1 million. (Ms. Rosacker could have potentially recovered $250,000 for her wrongful death claim, under MICRA, and an additional $250,000 for her claim of negligent infliction of emotional distress, if either claim was proven.) Mrs. Rosacker did not introduce evidence of any funeral/burial expenses or other economic damages. Defense counsel argued that there was no evidentiary basis for the negligent infliction of emotional distress claim and that the decedent’s death was solely the result of his rectal cancer. Thus, counsel asked the jury to render a defense verdict.