Yes, if the facility's failure to provide "care and supervision" led to the error and subsequent harm. While assisted living staff (RCFEs) are not always nurses, they are still legally required to follow Title 22 regulations regarding the assistance and distribution...
The MAR is the Medication Administration Record, and you can obtain it by submitting a formal written request to the facility's Director of Nursing. Under California law, facilities must provide access to these records. The MAR is the most critical piece of evidence...
Evidence of understaffing is often the "smoking gun" in an Oakland neglect case. We analyze "Payroll-Based Journal" (PBJ) data to see if the facility met state-mandated staffing ratios on the day of the fall. If a resident fell while trying to go to the bathroom alone...
Elder abuse cases are typically heard in the Alameda County Superior Court, often at the Rene C. Davidson Courthouse in Oakland. These cases are handled within the civil division. Having a lawyer familiar with the local Oakland judiciary and the specific jury pool in...
Yes, if the facility failed to address the refusal in the residentās care plan. Oakland care providers cannot simply "blame" a resident with cognitive impairment for not using a walker. The facility is required to assess why the resident is refusing aid and implement...
Victims can recover medical expenses, compensation for pain and suffering, and in cases of "recklessness or fraud," attorneyās fees. Under Californiaās Elder Abuse Act, if we can prove the neglect was more than simple negligence, the estate may also be able to recover...
Yes, especially if the facility failed to implement "elopement" or "wandering" precautions. Memory care units in Oakland charge a premium for specialized supervision. If a resident with dementia falls while wandering into an unsafe area or attempting to exit the...
You have a legal right to request these records under California Health and Safety Code section 123110. As a resident or an authorized representative (Power of Attorney), you can submit a written request to the facility administrator. If the facility in the Oakland...
No, they are governed by different regulations, but both are liable for neglect. Skilled nursing facilities are strictly regulated by federal and state medical standards, whereas Oakland assisted living facilities (RCFEs) are governed by the California Department of...
Generally, you have two years from the date of the fall to file a personal injury lawsuit in California. However, if the claim involves medical malpractice or if the victim is a dependent adult, different timelines may apply under the Elder Abuse and Dependent Adult...
