If the resident passed away as a result of the abuse or neglect, surviving family members can bring a wrongful death lawsuit. Additionally, the resident’s estate can pursue a survival action under the Elder Abuse Act to recover damages for the pain and suffering the...
Retaliation against a resident or their family for reporting abuse or filing a lawsuit is strictly illegal under California law. If a facility attempts to evict a resident without proper notice and a legally valid reason after a complaint is made, they face severe...
In California, the statute of limitations for personal injury actions is generally two years from the date of the injury. However, when medical malpractice claims are involved or when a case is brought under specific elder abuse statutes, the timelines can vary based...
First, ensure their safety by seeking independent medical care outside the facility if they are injured. Document everything: photograph bruises or bedsores, write down dates and times of incidents, and request a copy of the chart. Report the situation to the local...
The Elder Abuse and Dependent Adult Civil Protection Act is a powerful set of California laws designed to protect seniors. It provides enhanced legal remedies—including the recovery of attorney fees and damages for pain and suffering even after a resident has passed...
Yes, if the fall resulted from a failure to implement a proper care plan. Facilities are required to assess each resident's fall risk upon admission and update that assessment regularly. If the facility failed to provide assistive devices, ignored a call light, or...
We do not rely solely on verbal testimony to build a case. Neglect leaves a paper trail. We examine medical records, look for gaps in facility care logs, interview former staff members, evaluate shift-to-resident ratios, and utilize medical experts to prove that the...
Nursing homes provide 24/7 skilled medical care and are regulated as medical institutions. Assisted living facilities (RCFEs) are non-medical residential communities focused on housing and assistance with daily living. While RCFEs can assist with medications and daily...
