This is a common defense. Nursing homes often claim bedsores or falls are inevitable. Our job is to prove that these events were preventable and occurred because the facility failed to follow its own care plans or state-mandated protocols.
Yes. In fact, many victims of elder abuse have cognitive impairments. We rely on physical evidence, medical records, and witness testimony to build a case even when the victim cannot testify about what happened to them.
We obtain internal documents called "Cost Reports" and payroll data that facilities are required to submit to the government. By comparing these to the actual needs of the residents, we can demonstrate where the facility failed to provide enough hands to keep people...
Yes—in fact, the facility has a higher burden of care for residents on anticoagulants. If an Oakland facility knows a resident is on blood thinners, they must implement stricter fall prevention measures. A fall that might be minor for some can be catastrophic for...
Most likely, yes; elder abuse cases in this area are typically filed in the Alameda County Superior Court. Most hearings take place at the Rene C. Davidson Courthouse in Oakland. Having a legal team familiar with local Oakland court procedures and judges is highly...
You can seek compensation for emergency medical bills, ongoing neuro-rehabilitation, pain and suffering, and loss of quality of life. Under the California Elder Abuse Act, you may also be entitled to recover attorney’s fees if the neglect was "reckless."
Staff often mistake TBI symptoms—like confusion, agitation, or slurred speech—for a progression of Alzheimer’s or dementia. This is a form of neglect. An Oakland facility must investigate any sudden change in mental status following a fall rather than dismissing it as...
Yes, if the facility was aware of the aggressive resident's history and failed to provide adequate supervision. Oakland nursing homes have a "duty of care" to protect residents from foreseeable harm, including physical altercations that could have been prevented with...
Generally, you have two years from the date of the injury to file a claim in California. However, if the injury involves a government-run facility or specific medical malpractice caps, the timeline may be shorter. It is critical to consult an Oakland elder abuse...
Yes, being dropped during a transfer is almost always a sign of negligence. Oakland facilities are required to train staff on proper lifting techniques and the use of mechanical lifts. If a resident suffers a head injury because an aide attempted a "one-person...
