We review the "needs and services" plans for all residents in the home. If several residents require help with transfers and hygiene, it is physically impossible for one person to provide that care safely. This constitutes board and care understaffing.
If the infection was caused by poor hygiene, failure to change bandages, or a failure to seek medical attention when symptoms first appeared, the facility and its staff may be held responsible for the board and care infection.
Yes. Regardless of whether a facility is a large corporation or a small family-run business, they have a legal duty to provide a safe environment and proper care. If they fail in that duty, they can be held liable for board and care negligence.
Legally, both are considered Residential Care Facilities for the Elderly (RCFEs) in California. The main difference is the size. Board and care homes are usually in a house with 6 to 15 residents, while assisted living facilities are much larger. Both must follow the...
Document everything. Take photos of any physical injuries, keep a log of conversations with facility staff, and contact an Oakland memory care neglect attorney to protect your loved one’s rights.
Families may recover medical expenses, compensation for physical pain and emotional trauma, and in cases of extreme recklessness, punitive damages and attorney’s fees.
Under the California Elder Abuse Act, the personal representative of the estate or the legal heirs can pursue a claim for the pain and suffering the resident endured prior to their death, as well as wrongful death damages.
The statute of limitations for elder abuse in California is generally two years from the date of injury, but certain factors can change this timeline. You should consult an attorney as soon as neglect is suspected to preserve evidence.
Do not assume you cannot sue. Many arbitration agreements in California are found to be unenforceable or "unconscionable." We review these documents to determine the best path forward for your case.
If your loved one is suddenly lethargic, unresponsive, or experiencing a rapid decline in cognitive function, they may be being over-medicated. This is often done to make residents "easier" to manage when staff levels are low.
