Take photos of your loved one, request a copy of their weight records from the facility, and contact an Oakland malnutrition lawyer immediately to discuss your legal options.
Oakland Malnutrition
What if my loved one has a feeding tube?
Even with a feeding tube, malnutrition can occur if the facility fails to provide the correct formula or if the tube is improperly managed. We investigate whether the "orders" were followed correctly by the nursing staff.
How long does a malnutrition lawsuit take?
These cases are complex and usually take 12 to 24 months. Our firm moves aggressively to gather evidence while it is still fresh to ensure the best possible outcome for your family.
What kind of damages can be recovered in a malnutrition case?
You can recover medical expenses, compensation for pain and suffering, and in cases of recklessness, punitive damages and attorney's fees under the California Elder Abuse Act.
Are assisted living facilities required to help residents eat?
If the facility accepts a resident who they know requires assistance with Activities of Daily Living (ADLs), they are legally obligated to provide that assistance, which includes help with meals.
Can malnutrition cause a resident to die?
Yes. Malnutrition leads to a weakened heart, organ failure, and a collapsed immune system. A "simple" cold or UTI can become a dementia care death if the resident’s body is too weak from lack of nutrition to fight back.
What is the link between malnutrition and bedsores?
Malnutrition is a leading cause of bedsores. Without protein and proper calories, the skin loses its ability to stay healthy and heal. If your loved one has both bedsores and weight loss, it is a dual indicator of nursing home malnutrition and neglect.
Can a resident “refuse” to eat?
Facilities often use "resident refusal" as a defense. However, if a resident refuses food, the facility must offer alternatives, involve a dietician, and notify the family and doctor. Simply letting a resident starve because they "said no" is not acceptable care.
How do you prove a facility failed to feed my loved one?
We analyze "Intake and Output" logs, weekly weights, and physician orders. We also look at staffing ratios; if there are 20 residents who need help eating and only 2 aides on the floor, the math proves that neglect occurred.
Is weight loss just a “normal” part of aging?
No. While some seniors may have a smaller appetite, significant weight loss in a care facility is usually a clinical failure. Facilities are required to have protocols in place to identify and treat weight loss before it becomes life-threatening.


