NO RECOVERY NO FEE Free Case Review
San Francisco Elder Neglect Lawyers
San Francisco elder neglect attorneys providing strong advocacy for California seniors
Seniors who live in nursing homes, assisted living facilities, and long-term care facilities deserve to be protected from harm. Seniors who live at home full-time or spend part of their day at adult caretaker centers deserve the same protection. There are common safety standards that all caretakers should follow to ensure the elderly in their care receive quality shelter, food, drink, medical help, clothing, and that they engage in social interactions. At Garcia & Artigliere, our San Francisco elder neglect lawyers hold caretakers accountable when they fail to follow federal laws, state statutes, and caretaker standards. We’ve secured more than $3 billion in recoveries for the elderly nationwide due to elderly abuse and neglect. We’re ready to help your loved one today.
NO RECOVERY NO FEE Free Case Review
How can our San Francisco elder neglect lawyers help?
What types of neglect harm San Francisco seniors?
At Garcia & Artigliere, our San Francisco elder neglect attorneys have more than 150 years of combined experience fighting for the elderly. We’re respected by former clients, insurance companies, and other elder care lawyers for our compassion, preparation, and impressive record of results. We’re ready to handle your neglect claim today. We handle claims involving:
- Daily living needs. The US Centers for Disease Control and Prevention (CDC) states that these basic needs include food, clothing, shelter, medical care, and hygiene. Facilities and homes should be safe so that seniors don’t fall. Caretakers need to regularly examine the seniors in their care for dehydration and malnutrition, infections, bladder and bowel disorders, anxiety, and signs of physical, sexual, or emotional abuse. Seniors should be moved so they don’t develop bedsores. Residential, day, and at-home caretakers should be careful not to let a senior wander, elope, or be abandoned.
- Medical care. Assisted living facilities of all types, in-home care providers, and all other caretakers who have a duty to provide medical care for a San Francisco senior should:
- Administer the seniors’ medications in the proper amounts at the correct times
- Keep appropriate records for all medical care
- Provide competent medical care when necessary
- Refrain from using chemical restraints to control a senior – without the advice of the senior’s physician
- Examine seniors regularly to review the common types of problems seniors have and any current medical disorders
The types of neglect that harm seniors in San Francisco include:
- Physical abuse. Caretakers in San Francisco elder care have a duty to prevent physical harm to the residents and seniors in their care. Long-term facilities, healthcare agencies, and other caretakers can be held liable if they could have prevented a senior from being hit, slapped, physically or chemically restrained; denied their medications; or physically harmed in any way.
- Sexual abuse. Group residences, adult daycare centers, and homes should be safe havens. The caretakers in charge of these locations need to conduct background checks, respond to complaints of sexual abuse, monitor anyone the senior doesn’t know, and monitor residents who may sexually abuse another resident.
- Emotional neglect. No caretaker should attempt to control or discipline a senior in their care through the use of emotional abuse. Caretakers may be liable for elder care neglect in San Francisco if they or someone who works for the caretaker insults, verbally attacks, isolates, or causes a senior to become anxious or fearful.
What are the causes of San Francisco elder care neglect?
Long-term care facilities can be held liable for elder care neglect if they can show a caretaker owed your loved one a duty of competent care, that the caretaker breached that duty, and that the breach caused your loved one harm. At Garcia & Artigliere, our San Francisco elder abuse attorneys have the experience and resources to prove elder care neglect.
Some of the common types of San Francisco elder care neglect include:
- Failing to have an individual care plan for each senior in the caretaker’s care.As seniors age, it’s natural to have some physical ailments that require medications and daily attention. Sadly, many seniors, especially older seniors, have cognitive impairments such as dementia and Alzheimer’s. Caretakers need to review each senior’s medical condition, medical needs, and medical contacts (their doctors and family members). The review should result in a specific health care plan. This plan should explain how caretakers should help each senior daily and who to call if medical problems develop.
- Failing to have written policies and procedures for all seniors in a caretaker’s care. Caretakers need to understand which health problems any senior may develop. Examples include understanding how to respond to the possibility of stroke, how to prevent abuse of the elderly, and how to prevent bedsores by moving residents/patients regularly. These overall plans should work in conjunction with a senior’s individual health plan to provide preventive care and emergency care. The policies should also address the rights that residents have.
- Understaffing. Assisted living facilities and nursing homes all need to have enough qualified staff members so that San Francisco senior receives quality care and protection from abuse and neglect.
- In one illustrative case, Garcia & Artigliere lawyers Stephen M. Garcia, Bill Artigliere, and David M. Medby obtained a $12 million settlement, after seven years of litigation, based on allegations Southern California’s largest long-term healthcare provider was understaffed.
- In a second case, our San Francisco elder care neglect attorneys obtained a $9 million settlement of a class action relating to understaffing of long-term health care facilities in California.
- Failing to conduct background checks. One of the best ways to protect the elderly from physical abuse, sexual abuse, emotional abuse, and gross neglect is to run background checks on all new applicants. These checks should indicate if an applicant has a criminal record and whether there have been any complaints filed against the applicant related to his/her senior care or healthcare work.
- Failing to train and educate the staff members. Helping seniors is difficult work because many seniors have physical, cognitive, and emotional challenges, which are only likely to deteriorate as time goes by. Staff members need to have the proper licenses and credentials. They should be qualified to do the specific tasks they were hired to do. Nursing homes and other long-term care facilities that provide medical care need to have skilled gerontologists and senior doctors on staff or on call. Caretakers need to ensure that their staff understands the unique challenges of dealing with seniors who have cognitive disabilities, stroke, dehydration, bedsores, and other senior health problems.
In addition to having proactive plans, caretakers need to monitor their workers and residents/patients, have a system for reporting complaints, and have protocols for responding to complaints.
How do you advocate for the elderly when caretakers neglect them in San Francisco?
At Garcia & Artigliere, our San Francisco elder neglect lawyers have obtained more than $3 billion dollars for our clients. We’ll answer all your questions and explain what actions seniors can take. Two key actions include:
- Contacting the San Francisco Long-Term Care Ombudsman if the senior lives in a long-term care facility. This ombudsman should investigate the complaint and try to find a solution.
- Contacting our experienced San Francisco elder care neglect lawyers. We’ll investigate what type of neglect occurred, why it occurred, and who is responsible.
- We file personal injury claims on behalf of survivors. These claims are filed to compensate seniors for their medical bills, physical pain, emotional suffering, and loss of quality of life.
- We file wrongful death claims on behalf of families if a loved one dies due to San Francisco elder care neglect. The damages include the funeral and burial costs, any financial damages such as the loss of an inheritance, and personal damages which include the loss of guidance, comfort, and companionship your loved one would have provided.
In some cases, we may also seek punitive damages for egregious types of neglect.
Do you have a San Francisco elder neglect lawyer near me?
Garcia & Artigliere represents victims of elder neglect in San Francisco. Our lawyers understand how neglect happens, who is responsible, and why the neglect shouldn’t have occurred. We’re skilled at showing all the damages that any type of neglect causes.
Speak with a seasoned San Francisco elder neglect lawyer at Garcia & Artigliere now
At Garcia & Artigliere, our San Francisco elder neglect lawyers calmly and clearly guide seniors and families through the negligence claims process. We understand the unique challenges involved with asserting the rights of the elderly, who likely have physical challenges and often have cognitive impairments. We’re skilled at showing how and why a senior’s caretaker breached their duty to protect your loved one. We also work with the senior’s doctors and our own network of doctors to fully assess the damage of elder care neglect. To help your loved one, call or fill out our contact form today to schedule a free, confidential consultation.
We represent seniors in San Francisco, across California, and in Kentucky, and Louisiana. There are no upfront charges. We handle elder neglect claims on a contingency fee basis.
Se Habla Español.