Yes—in fact, the facility has a higher burden of care for residents on anticoagulants. If an Oakland facility knows a resident is on blood thinners, they must implement stricter fall prevention measures. A fall that might be minor for some can be catastrophic for...
Oakland Head & Brain
Will my case be heard in an Oakland courthouse?
Most likely, yes; elder abuse cases in this area are typically filed in the Alameda County Superior Court. Most hearings take place at the Rene C. Davidson Courthouse in Oakland. Having a legal team familiar with local Oakland court procedures and judges is highly...
What damages can we recover for a TBI in an Oakland elder neglect case?
You can seek compensation for emergency medical bills, ongoing neuro-rehabilitation, pain and suffering, and loss of quality of life. Under the California Elder Abuse Act, you may also be entitled to recover attorney’s fees if the neglect was "reckless."
Why are brain injuries often misdiagnosed in Oakland nursing homes?
Staff often mistake TBI symptoms—like confusion, agitation, or slurred speech—for a progression of Alzheimer’s or dementia. This is a form of neglect. An Oakland facility must investigate any sudden change in mental status following a fall rather than dismissing it as...
Can an Oakland facility be sued if a resident hits another resident, causing a TBI?
Yes, if the facility was aware of the aggressive resident's history and failed to provide adequate supervision. Oakland nursing homes have a "duty of care" to protect residents from foreseeable harm, including physical altercations that could have been prevented with...
What is the statute of limitations for a brain injury claim in Oakland?
Generally, you have two years from the date of the injury to file a claim in California. However, if the injury involves a government-run facility or specific medical malpractice caps, the timeline may be shorter. It is critical to consult an Oakland elder abuse...
Is the facility liable if my loved one was dropped by staff in an Oakland facility?
Yes, being dropped during a transfer is almost always a sign of negligence. Oakland facilities are required to train staff on proper lifting techniques and the use of mechanical lifts. If a resident suffers a head injury because an aide attempted a "one-person...
How do I report a suspected brain injury from neglect in Oakland?
You should report the incident to the Alameda County Long-Term Care Ombudsman at (510) 638-6878. They provide independent advocacy for residents in Oakland nursing homes. You should also file a complaint with the California Department of Public Health (CDPH) East Bay...
Can a “minor” bump on the head be grounds for a lawsuit in Oakland?
Yes, if the facility failed to monitor the resident or follow post-fall protocols, leading to further injury. Because of age-related brain changes, there is no such thing as a minor head injury for an elder. If an Oakland facility failed to perform neurological checks...
If my loved one fell at an Oakland nursing home, should I take them to the ER?
Yes, you should insist on an immediate evaluation at an Oakland emergency department like Highland Hospital or Kaiser Permanente. Nursing homes often lack the diagnostic imaging (CT or MRI) necessary to detect a subdural hematoma, and waiting for "observation" by...


