The first step is a free consultation with an attorney. We will review the medical records and the facility's history to determine if there is a viable claim for board and care neglect.

Compensation can include medical expenses, pain and suffering, and in cases of recklessness, punitive damages and attorney's fees.

Yes. The California Elder Abuse Act covers mental suffering. If a caregiver is verbally abusing, isolating, or threatening a resident, it can be the basis for a lawsuit, especially if it leads to a decline in the resident's physical health.

It is illegal for a facility to retaliate against a resident for filing a complaint or a lawsuit. However, in many cases, families choose to move their loved one to a different facility to ensure their safety while the case is ongoing.

Yes, the Department of Social Services (DSS) performs inspections. However, these inspections are infrequent. A civil lawsuit is often the most effective way to force a change in how the home is managed.

Nursing homes and board and cares often use this excuse. Our job is to show that the "accident" was preventable—for example, a fall that happened because a caregiver was in the kitchen instead of supervising a resident with a known fall risk.

We review the "needs and services" plans for all residents in the home. If several residents require help with transfers and hygiene, it is physically impossible for one person to provide that care safely. This constitutes board and care understaffing.

If the infection was caused by poor hygiene, failure to change bandages, or a failure to seek medical attention when symptoms first appeared, the facility and its staff may be held responsible for the board and care infection.

Yes. Regardless of whether a facility is a large corporation or a small family-run business, they have a legal duty to provide a safe environment and proper care. If they fail in that duty, they can be held liable for board and care negligence.

Legally, both are considered Residential Care Facilities for the Elderly (RCFEs) in California. The main difference is the size. Board and care homes are usually in a house with 6 to 15 residents, while assisted living facilities are much larger. Both must follow the...