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.
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.
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.
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.
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.
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.
The first step is a free case evaluation. We will gather the medical records and determine if your loved one’s dehydration was the result of a breach in the standard of care.
You can seek medical costs, pain and suffering damages, and in cases of extreme recklessness, punitive damages and attorney's fees.
Yes. Under the California Elder Abuse Act, the estate can pursue a "survival action" for the pain and suffering the resident endured, as well as a wrongful death claim for the family’s loss.
In California, you generally have two years from the date of the injury to file an elder abuse claim. However, because evidence like fluid logs can be lost, you should contact an Oakland dehydration lawyer as soon as possible.
