Yes. If the doctor was an employee of the hospital, the hospital is generally liable. Even if the doctor was an independent contractor, the hospital may be liable for "negligent credentialing" if they allowed a doctor with a history of errors to practice there.
While economic damages (medical bills, lost wages) are uncapped, California limits "noneconomic" damages (pain and suffering). As of 2026, these caps are $470,000 for injuries and $650,000 for wrongful death, with annual increases scheduled until 2033.
You must prove three things: that a doctor-patient relationship existed, that the provider breached the "standard of care" (did something a reasonably competent provider wouldn't have done), and that this breach directly caused physical or financial harm.
Generally, you must file a claim within one year of discovering the injury, or within three years of the date the injury occurred, whichever comes first. Because the rules for "discovery" are complex, you should consult an attorney immediately if you suspect an error.
The first step is a free consultation with an attorney. We will review the medical records and the facility's history to determine if there is a viable claim for board and care neglect.
Compensation can include medical expenses, pain and suffering, and in cases of recklessness, punitive damages and attorney's fees.
Yes. The California Elder Abuse Act covers mental suffering. If a caregiver is verbally abusing, isolating, or threatening a resident, it can be the basis for a lawsuit, especially if it leads to a decline in the resident's physical health.
It is illegal for a facility to retaliate against a resident for filing a complaint or a lawsuit. However, in many cases, families choose to move their loved one to a different facility to ensure their safety while the case is ongoing.
Yes, the Department of Social Services (DSS) performs inspections. However, these inspections are infrequent. A civil lawsuit is often the most effective way to force a change in how the home is managed.
Nursing homes and board and cares often use this excuse. Our job is to show that the "accident" was preventable—for example, a fall that happened because a caregiver was in the kitchen instead of supervising a resident with a known fall risk.
