The California Medical Association (CMA) and the American Medical Association (AMA), has filed a brief with the California Supreme Court in a case that blurs the line between medical malpractice and elder abuse claims. The case, Winn v. Pioneer Medical Group, involves an 83 year-old-woman who received care and died from blood poisoning. The plaintiffs filed a claim arguing that the medical group failed to refer the patient to a vascular specialist, which constituted neglect and abuse under the Elder Abuse Act. Lower courts have ruled that the claim may proceed, but the CMA/AMA brief filed on appeal argues that medical negligence claims based on a physician’s decision on medical care needs for an elderly outpatient falls within the parameters of professional negligence governed by MICRA. CMA's brief with the AMA sets forth how this appeal is a veiled attempt to reclassify acts of professional negligence in order to circumvent MICRA and invoke the heightened remedies available under the Elder Abuse Act. The restrictive effect that such reclassification would have on access to care for the elderly, and the expansive effect it would have on malpractice insurance costs for health care providers, is significant.