You may be able to recover costs for medical treatment, funeral expenses, and damages for the resident's pain and suffering. In cases of extreme neglect, punitive damages may also be available.

A state citation is excellent evidence, but it does not provide compensation for your family or cover medical bills. A private lawsuit is the primary way to hold the facility financially accountable for their failures.

Facilities often use a resident's underlying condition as an excuse. While dementia increases the risk of swallowing issues, it also increases the facility’s legal responsibility to provide a higher level of care and supervision.

California has strict statutes of limitations for personal injury and elder abuse. Generally, you have two years from the date of the injury, but cases involving medical malpractice may have shorter deadlines. It is best to consult with our firm as soon as possible.

While it can occur naturally in very frail individuals, it is a significant red flag. If the pneumonia was caused by a feeding error, a failure to follow a "thickened liquids" order, or a lack of supervision, it is likely the result of neglect.

Choking is a physical blockage of the airway that prevents breathing. Aspiration is the inhalation of food or liquid into the lungs, which can lead to aspiration pneumonia. Both are often caused by the same type of nursing home neglect.

Yes. If the facility knew your father had a high risk of aspiration and failed to use proper positioning (like keeping the head of the bed elevated) or failed to monitor him, they can be held liable for his resulting injuries or illness.