Most licensed home health agencies in California are required to have an RN oversee the care plan. While a Home Health Aide (HHA) performs daily tasks, the RN must conduct periodic assessments. If an agency skips these supervisory visits and a patient's condition...
Proving a lack of training involves auditing the agency’s personnel files and training logs. We look for gaps where an aide was assigned to a patient with specific needs (like a feeding tube or dementia) without having the documented certifications or supervised hours...
The standard of care is defined as the level of skill and diligence that a reasonably prudent home health provider would exercise under similar circumstances. In Oakland, this is often established by comparing the agency’s internal protocols and California state...
Neglect is often first identified by emergency room staff at facilities like Highland Hospital, Summit Medical Center (Alta Bates), or Kaiser Permanente Oakland. When a patient is admitted for "failure to thrive" or severe infection from bedsores, these medical...
Yes. Through a wrongful death or survival action, families in Oakland can seek compensation for medical expenses, funeral costs, and the loss of companionship. In cases of proven elder abuse, the estate may also recover damages for the decedent’s pre-death pain and...
Yes. Under California law, agencies are generally held liable for the actions of the caregivers they dispatch, regardless of whether those workers are classified as employees or independent contractors. The agency remains responsible for the "standard of care"...
Reckless neglect occurs when a care provider demonstrates a conscious disregard for a patient's safety, such as ignoring Stage 3 pressure sores or failing to provide hydration to a bedbound individual. Proving recklessness is vital because it allows for enhanced...
Yes, if the fall was a result of the agency’s failure to implement a fall-prevention plan or if a caregiver left a high-risk patient unattended. While not every fall is litigable, agencies are responsible for assessing home hazards and providing the level of...
In California, you generally have two years from the date of the injury or discovery of the neglect to file a personal injury or wrongful death lawsuit. However, if the claim involves medical malpractice by a licensed healthcare provider, the timeline may be shorter,...
You should immediately contact Alameda County Adult Protective Services (APS) at (510) 577-3500. For medical-related complaints against a licensed agency, you can also file a report with the California Department of Public Health (CDPH) via their East Bay district...
