About UsServing Northern California and The Bay Area
The Nursing Home & Elder Abuse Law Center was started in 2004 in Walnut Creek, California by two trial lawyers who were concerned with the growing elder abuse and neglect problem in California.
The Law Center specializes in filing civil lawsuits throughout California against skilled nursing homes (also known as SNF’s) and residential care facilities for the elderly (also known as RCFE’s) on behalf of seniors and elders who have suffered serious injuries as a result of elder abuse and neglect. Our mission is the prevention of Nursing Home Neglect and Elder Abuse by using California’s legal system to obtain justice and compensation for the victims and thier families. “No Elder Abuse” . . . It’s Not Just Our Legal Specialty — It’s Our Passion!
Once we accept a case, there is typically no fee until we recover from the abusive and/or neglectful nursing home, RCFE, or other long term care provider. Because we invest a great deal of time, money, and resources (including the retention of absolutely the best medical experts in the country) on behalf of our clients when we bring a civil case against a nursing home or RCFE, we must be selective in the cases that we accept. In many cases, we will be able to quickly determine whether or not you have a claim for elder abuse or neglect. In cases where the medical issues are complex, we will often need to have the our medical experts review the records before we can confirm the suspected abuse. We have a team of the best experts in the world to help us with your case.
We rely heavily on a unique set of laws called the Elder Adult and Dependent Adult Civil Protection Act, as well as various state and federal statutes and regulations pertaining to appropriate care and protection of California seniors.
Unfortunately, the abusers of our elderly loved ones are sometimes the very people whom we entrust with the delicate task of caring for them and protecting them. The neglect may be the result of untrained, unskilled, over-worked, and underpaid caregivers. Or, it may be the result of the nursing home owners, directors, administrators, and principals who place profits ahead of patient care. Make no mistake, one of the main objectives of many nursing homes and long-term care facilities is to generate profits for the corporation’s shareholders. One obvious way to increase profits is to reduce staff, or replace skilled employees with less expensive unskilled or untrained staff. Understaffing is a significant problem and is one of the leading causes of neglect and abuse in nursing homes. It’s most unfortunate, but it’s the reality.
The other unfortunate reality is that our elderly loved ones, given their age and/or physical conditions, simply do have possess the health and strength to withstand such neglect and abuse. Thus, the consequences of neglect, even when there was no ill intent by the subject nursing home, can result in severe, devastating consequences to the vulnerable elderly. In many cases, the management and staff of abusive skilled nursing homes or RCFE’s don’t intentionally abuse their patients, but they simply neglect them and they fail to give them the care that they purport to provide. In either case, whether done intentionally or with a conscious disregard for the elder’s health a safety, the result is the same — elder abuse.
It is difficult to say how many older Americans are abused, neglected, or exploited, in large part because surveillance is limited and the problem remains greatly hidden and vastly under-reported. Approximately 1.6 million people live in some 17,000 licensed nursing homes on any given day throughout the United States, and over a million persons live in approximately 45,000 plus residential care facilities, variously known as personal care homes, adult congregate living facilities, domiciliary care homes, homes for the aged, and assisted living facilities. (See Elder Abuse in Residential Long-Term Care Facilities: What is known about Prevalence, Causes, and Prevention, June 18, 2002.) While a number of studies have estimated that between three and five percent of the elderly population in the U.S. have been abused, the Senate Special Committee on Aging estimated that there may be as many as 5 million victims of elder abuse and/or neglect every year. ( National Center on Elder Abuse: .) Incredibly, the available data indicates that only one out of every fourteen cases of abuse/neglect is ever reported to authorities. Id. And, while the elderly are already extremely vulnerable, issues of mental impairment and dementia are additional significant factors that make seniors even more susceptible to elder abuse and/or neglect. Id.
If your loved one has been the victim of elder abuse or neglect and has sustained serious injuries, they may be entitled to monetary compensation and restitution for all losses, including payment of their medical bills, future treatment and care, pain and suffering, etc. So remember, if a nursing home neglects a resident, and such neglect causes a serious injury, then the nursing home or long term care facility may be liable for elder abuse. If you are unsure, contact the appropriate state agency or contact an experienced elder law attorney who specializes in elder abuse and elder neglect cases.
Serving Northern California and The Bay Area
Have Questions about Elder Care Law?
Contact an experienced California attorney who specializes in representing victims and family members of those who have suffered abuse or neglect in a nursing home or assisted living facility.