Yes, under the doctrine of "vicarious liability" and corporate negligence laws. A facility is responsible for the conduct of its staff. Furthermore, we often find that "individual" abuse is a direct result of management failing to conduct background checks, provide...
State agencies can issue fines, but they cannot secure compensation for your loved one’s injuries. While a California Department of Public Health (CDPH) investigation is a vital part of the process, their goal is regulatory compliance. A private lawsuit is the only...
Retaliation is strictly illegal under California law, and facilities face severe penalties for attempting it. We can work with the Ombudsman and state licensing agencies to monitor your loved one’s care. In many cases, the most effective way to protect a resident is...
You can file a wrongful death and survival action against the facility. These legal actions allow the estate and the heirs to hold the nursing home accountable for the resident's suffering and the loss of companionship, funeral expenses, and other damages resulting...
You may be entitled to compensation for medical expenses, pain and suffering, and emotional distress. In cases where we can prove "recklessness, oppression, fraud, or malice," California law allows for the recovery of attorney’s fees and, in some instances, punitive...
Generally, you have two years from the date the abuse was discovered to file a personal injury claim, but this can vary. If the claim involves medical malpractice or a government-run facility, the deadlines (statutes of limitations) may be much shorter. It is critical...
Yes, the unauthorized use of medication to sedate a resident for staff convenience is a form of physical abuse. Under the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), using drugs as "chemical restraints" to keep a resident quiet or compliant is...
We work on a contingency fee basis, meaning there are no upfront costs to your family. We only receive payment if we successfully recover a settlement or jury award for you. This allows families to pursue high-level legal advocacy against wealthy corporate nursing...
Yes, many successful elder abuse cases are built on circumstantial and forensic evidence rather than eyewitness accounts. Because residents with dementia may be unable to testify, we use medical expert testimony to distinguish between "accidental" injuries and those...
Call 911 immediately if there is an active threat or emergency. Once your loved one is safe, document any visible injuries with photographs and report the incident to the Alameda County Long-Term Care Ombudsman at (510) 638-6878. Contacting an Oakland elder abuse...
