Oakland Nursing Home Abuse Lawyer

While elderly residents are specifically prone to certain health issues, nursing homes have a duty to provide care that prevents foreseeable injuries and accidents. Falls, bedsores, dehydration, and malnutrition are not inevitable consequences of aging. They often result from inadequate care required to

Nursing homes must conduct fall risk assessments and implement preventive strategies. They must provide adequate supervision and assistance. Maintaining safe environments is required.

Ensuring proper nutrition and hydration is essential. Repositioning immobile patients with pressure ulcers, also known as bedsores, is necessary to prevent them. Responding promptly to residents' needs is mandatory.

If these standards aren't met and your loved one suffers preventable injuries, the facility may be liable. The attorneys we connect you with work with geriatric care experts who can testify about proper standards of care and how the facility's conduct fell short.

California provides longer statutes of limitations for elder abuse claims than for ordinary negligence cases.

For elder abuse claims brought under theElder Abuse and Dependent Adult Civil Protection Act, you generally have four years from when the abuse occurred. Alternatively, you have two years from when you discovered or should have discovered the abuse, whichever is later.

For wrongful death claims involving elder abuse, you have two years from the date of death. For ordinary negligence claims not involving abuse, the statute of limitations is typically two years from the date of the injury.

Given the varying deadlines and the time required to investigate and build a strong case, it's essential to contact an attorney from our network as soon as you suspect abuse has occurred.

Yes, you generally have the right to remove your loved one from a nursing home at any time. If you believe your family member is in danger, removing them should be your priority.

However, consider several practical factors, including where your loved one will go and who will provide care. Consider whether their medical needs can be met in the new setting. Consider whether removing them will impact the investigation or the evidence.

Before removing your loved one, if possible, document the abuse with photographs and written observations. Inform the facility in writing that you're removing the resident due to safety concerns.

Report the abuse to Adult Protective Services and other authorities. Consult with an attorney from our network about the best timing and approach.

The attorneys we connect you with can advise you on how to protect your loved one while preserving your legal claims.