Milpitas Assisted Living Abuse

Families can recover for medical expenses, physical pain, emotional suffering, and in extreme cases of corporate malice, punitive damages.

It is the practice of facilities keeping residents whose health has declined to the point where they need skilled nursing care. The facility keeps them to continue collecting rent, even though they cannot safely care for them.

Many facilities try to force families into arbitration to avoid a jury trial. However, these agreements are often unenforceable under California law. We have successfully challenged these agreements to ensure our clients get their day in court.

The resident's heirs (usually children or a spouse) can file a wrongful death claim. Additionally, the estate can pursue a survival action for the pain and suffering the resident endured before their assisted living death.

Not always, but if the facility knew the resident was a fall risk and failed to provide the necessary assistance or failed to follow the care plan, it is assisted living negligence.

We use a combination of medical forensic evidence, facility staffing logs to see who was on duty, and investigations into the facility’s hiring practices and supervision protocols. Our firm treats these cases with the utmost sensitivity and aggression toward the...

Understaffing is often the underlying cause of a lawsuit, but generally, there must be a resulting injury (such as an infection, bedsores, or a fall) to pursue a civil claim for damages.

Assisted living facilities (RCFEs) are non-medical settings focused on supervision and assistance. Nursing homes are clinical medical facilities. However, if an assisted living facility accepts a resident, they are legally required to meet that resident's specific...