San Jose Elder Neglect Attorney

Holding Negligent Nursing Homes Accountable Across the Bay Area

When a loved one suffers harm in a nursing home or assisted-living facility, families deserve answers and accountability. At Needham Kepner & Fish LLP, we help families throughout San Jose and the Bay Area, including Santa Clara, Alameda, and San Mateo counties, hold negligent facilities financially responsible. Neglect in nursing homes and assisted-living facilities can cause catastrophic injury and death. We handle elder neglect cases on a contingency fee basis, meaning you owe nothing unless we recover compensation for you.

If you suspect a loved one is being neglected, don’t wait. A free, confidential consultation with an elder neglect lawyer from our firm costs you nothing and helps you understand your options. Get legal help today.

Call Needham Kepner & Fish LLP today at (408) 716-1668 or contact us online to schedule a consultation with our elder neglect lawyers in San Jose.

How We Can Help

During your free consultation, one of our elder neglect attorneys can listen to your situation, answer your questions, and help you understand your legal options. If you have a viable claim, we investigate for signs of neglect and abuse, gather and evaluate crucial evidence, and build a case against the responsible party. We also offer mediation services as an alternative to full litigation, which may reach resolution more efficiently than a lengthy court proceeding.

Our firm brings a record of success advocating for elder abuse and neglect victims throughout California, combining the resources of a larger practice with the personalized attention clients deserve. When you retain us, you get both. Request a free consultation.

Types of Elder Neglect

Elder neglect takes many forms. Below, our nursing home neglect lawyers explain the most common types:

• Physical Neglect: A caregiver’s failure to provide adequate nutrition, hydration, hygiene, or necessary medical treatment to meet an elderly person’s basic needs.
• Emotional or Social Neglect: Failure to address an elderly person’s emotional needs, leaving them isolated, lonely, or in emotional distress, and cutting them off from social interactions that sustain quality of life.
• Medical Neglect: Ignoring or delaying medical treatment, failing to administer prescribed medications, or neglecting chronic conditions that require ongoing attention.
• Personal Hygiene Neglect: Failure to assist with bathing, grooming, oral hygiene, or clean clothing, leading to discomfort, health problems, and loss of dignity.
• Environmental Neglect: Unsafe or unsanitary living conditions, including inadequate heating or cooling, poor sanitation, pest infestations, or hazardous living spaces.
• Financial Neglect: Unauthorized use of an elderly person’s funds, withholding money, mismanaging assets, or blocking access to financial resources.

California’s Legal Protections for Elder Neglect Victims

California’s Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), codified at Welfare and Institutions Code sections 15600 through 15675, is the primary civil framework for elder neglect and abuse claims in this state. The law defines an elder as any person 65 or older and also protects dependent adults aged 18 to 64 who have physical or mental limitations that restrict their ability to carry out normal activities.

To pursue enhanced remedies under the EADACPA, a plaintiff must show by clear and convincing evidence that the facility acted with recklessness, oppression, fraud, or malice. When that standard is met, the law may allow recovery of compensatory damages, pain and suffering, punitive damages, and attorney’s fees. California Penal Code 368 also makes elder abuse a crime, so a neglect case may involve both civil and criminal proceedings.

The general statute of limitations for elder neglect personal injury claims in California is two years from the date of injury, but that deadline can vary depending on the circumstances, including whether a government-operated facility is involved. Consulting a nursing home neglect lawyer as soon as possible helps preserve evidence and protect your legal options.

Signs of Elder Neglect in Nursing Homes

Families don’t always recognize neglect until visible harm has already occurred. The sections below describe the most common warning signs, from preventable falls to medication errors, so you know what to look for when visiting a loved one.

Are Falls in Nursing Homes & Assisted-Living Facilities Considered Elder Neglect?

When an elderly resident can’t stand or walk independently, they depend on caregivers to keep them safe. Most falls in nursing homes and assisted-living facilities are preventable, and one or more falls may be a sign of neglect.

Long-term care facilities should have protocols in place to reduce fall risk, including:

• Continually assessing each resident’s fall risk
• Monitoring at-risk residents
• Providing fall-prevention equipment to at-risk residents
• Installing alarms to alert staff when at-risk residents need assistance
• Training staff in fall-prevention techniques
• Ensuring the facility is adequately staffed to monitor residents

Dehydration & Malnutrition

Seniors are more susceptible to dehydration and malnutrition than younger adults. Contributing factors include:

• A decreased ability to conserve water;
• Mobility issues that make it difficult to obtain food and water without assistance;
• Medications that cause dehydration or loss of appetite as side effects;
• Difficulty swallowing;
• Health conditions requiring restricted diets; and
• Illness causing vomiting, diarrhea, or increased urination.

Residents with any of these challenges require ongoing caregiver assistance to maintain adequate hydration and nutrition. When those needs go unmet, serious health problems or death can result.

Dehydration occurs when the body loses more fluid than it takes in, leaving it unable to carry out normal functions. In elderly adults, dehydration can cause disorientation, kidney and urinary problems, seizures, blood clots, hypovolemic shock, and in extreme cases, death. Nursing homes and assisted-living facilities should maintain hydration programs for at-risk residents that include help with fluid intake, monitoring of fluid intake and output, and observation for dehydration symptoms. When facilities fall short through inadequate staffing, inadequate training, or over-reliance on liquid supplements, dehydration can be a direct consequence of neglect.

Malnutrition occurs when the body doesn’t receive or absorb the nutrients it needs, whether from insufficient food or nutritionally inadequate food. Factors that can contribute include difficulty swallowing, dietary restrictions, mobility limitations, and medications that suppress appetite. Without proper monitoring in a long-term care setting, a resident can become malnourished before family members notice. Risk factors include advanced age, cognitive decline, depression, isolation, poor dental health, and difficulty chewing or swallowing.

According to the National Council on Aging, malnutrition can lead to a weakened immune system, muscle and bone weakness, and poor organ health, including effects on eyesight, kidney function, and memory. It also slows healing from illness and injury, increases surgical risk, and extends hospital stays. Untreated wounds can develop into sepsis, a life-threatening condition closely tied to elder neglect.

Unlike the signs of physical abuse, early dehydration and malnutrition are difficult to detect. According to the Mayo Clinic, watch for symptoms including:

• Increased hunger or thirst;
• Weight loss;
• Weakness;
• Confusion;
• Infrequent urination; or
• Irregular bowel movements.

If you notice these symptoms, seek medical attention right away. Then speak with a San Jose elder neglect attorney about what you observed and what your legal options may be.

Bedsores

Bedsores, also known as pressure sores, are ulcers that form on areas of skin under prolonged pressure. They can take months or years to heal and may lead to infection or require surgery. According to Johns Hopkins Medicine, risk factors include:

Bedsores become a serious risk when a resident can’t reposition themselves. In those cases, nursing home and assisted-living staff must change the resident’s position at regular intervals. When that step is skipped, bedsores may form and worsen quickly.

Medication Errors

Many elderly residents can’t remember to take their medications or can’t physically manage them on their own. In those situations, caregivers take on the responsibility of proper administration. When caregivers are negligent, the consequences can be serious.

The law requires nurses and other caregivers to provide adequate healthcare services to residents in their care. Negligent medication management can result in:

• Medication administered without consent
• Overmedication
• Overdose
• Incorrect dosage
• Incorrect medications

If you suspect your loved one has suffered from a lack of proper care in a nursing home or long-term care facility that led to medication errors, our San Jose elder abuse attorneys can help you understand your legal options.

Wandering

Residents with Alzheimer’s or dementia need constant supervision. When a nursing home or assisted-living facility fails to provide adequate security, residents can wander out of the building and suffer serious injury or death. These facilities should have alarms that alert staff when at-risk residents exit their rooms or the building.

Caregivers must remain alert and attentive in any environment where residents can’t safely monitor themselves. Inadequate supervision isn’t just a lapse in protocol; it can be the direct cause of a preventable tragedy.

More Signs of Elder Neglect in a Nursing Home

Beyond the warning signs described above, additional indicators of neglect may include:

• Poor hygiene
• Dirty clothes
• Dirty bedding
• Other unsanitary conditions
• Lack of staff at the facility
• Long delays in answering call lights
• Unexplained weight loss or weight gain
• Infection

How to Prove Dehydration & Malnutrition Cases

Proving nursing home neglect depends on the specific facts of your situation. The core elements are establishing that the facility had a duty to provide basic care to your loved one and that it failed to fulfill that duty. That duty may arise from the resident’s contract with the facility or from obligations imposed by law. A medical professional’s findings, supported by medical records documenting symptoms and diagnosis, can be vital evidence.

We help clients build these cases by gathering and evaluating that evidence. Our nursing home neglect lawyers can assess whether you have a viable claim and identify the best legal strategy for your circumstances.

Contact our elder neglect lawyers in San Jose today to learn more about how we can help.

Compensation Available in a California Elder Neglect Claim

Families pursuing a nursing home neglect claim in California may be able to recover a range of damages, including past and ongoing medical expenses, pain and suffering, and wrongful death damages such as funeral expenses and loss of companionship. If a loved one must be relocated to a safer facility, relocation costs may also be recoverable.

When a court finds that a facility acted with recklessness, oppression, fraud, or malice, the EADACPA may permit an award of punitive damages and attorney’s fees on top of compensatory damages. The value of any claim depends on the severity of harm, the facility’s history of violations, and the strength of the evidence. Our attorneys can evaluate your situation and help you understand what types of recovery may apply.

Reporting Elder Neglect in San Jose

If your loved one is in immediate danger, call 911. A nursing home cannot prevent families from seeking emergency help for a resident. Beyond emergency situations, local and state agencies can investigate suspected neglect at a Bay Area facility.

Key reporting resources for San Jose families include:

• Santa Clara County Adult Protective Services: The local agency that investigates elder abuse and neglect complaints in San Jose and throughout Santa Clara County.
• Long-Term Care Ombudsman for Santa Clara County: Investigates complaints and advocates for the rights of residents in local long-term care facilities.
• California Department of Public Health: Accepts complaints regarding nursing home abuse or neglect at the state level.

Reporting to these agencies is an important step, but it doesn’t replace legal action. Consulting a nursing home neglect lawyer in San Jose at the same time helps preserve evidence and protects your family’s rights before filing deadlines pass.

Contact Our San Jose Elder Neglect Lawyers Today

If a loved one has suffered neglect in a nursing home or assisted-living facility in San Jose or the Bay Area, we’re ready to help. We offer free, confidential consultations and handle elder neglect cases on a contingency fee basis, so you owe nothing unless we recover compensation for you.

Contact Needham Kepner & Fish LLP today at (408) 716-1668 to speak with our San Jose elder neglect attorneys.