Plaintiff came to defendant’s emergency room and was given an MRI without first checking to see if he had metal implants. He did and was burned as a result of the procedure. This decision affirms JNOV on plaintiff’s elder abuse claim. Plaintiff could not show a case of “neglect” since defendant did not have care or custody of plaintiff. The Elder Abuse Act does not apply unless the defendant health care provider had a substantial caretaking or custodial relationship, involving ongoing responsibility for one or more of the patient’s basic needs that a competent adult could handle on his or her own. The mere fact that plaintiff was admitted to an acute care facility does not show the necessary care and custody relationship. Also, there was no evidence that defendant committed “neglect.” It did not fail to attend to plaintiff’s basic needs, but instead committed malpractice in rendering medical services. Defendant’s malpractice fell within W&I Code 15657.2 which states that medical malpractice must be treated as such, not as elder abuse.