In the San Francisco Bay Area, assisted living facilities (ALFs) and residential care facilities for the elderly (RCFEs) are envisioned as safe havens where seniors can find a balance between independence and assistance. But unlike nursing homes, which provide 24/7 nursing care, ALFs offer a lower level of support, just focusing on assisting with daily activities and not offering very much medical attention. Many of these establishments are failing to safeguard our seniors, leaving them susceptible to mistreatment and neglect.
As a result, elder abuse has sadly become all too common, and it’s exacerbated by lax regulations and oversight. Furthermore, California’s low ranking in ALF transparency compared to other states makes it even more difficult to detect and address abuse effectively.
This state of affairs is unacceptable. Seniors deserve dignity and safety, and they must be able to trust the facilities that house them. Tighter regulations, increased oversight, and greater transparency are urgently needed to protect vulnerable seniors and hold negligent facilities accountable.
Several factors contribute to the unacceptable prevalence of abuse in assisted living facilities:
When facilities don’t have enough staff, caregivers become overworked and stressed, which increases the risk of residents being neglected or mistreated. When stretched too thin, staff may not be able to provide the attentive care seniors need and deserve.
Without thorough training, staff may not know how to properly care for residents or understand their unique needs. This can lead to mishandling, communication breakdowns, and even abusive situations. Comprehensive training is essential for providing safe, appropriate care.
A lack of supervision and oversight by management creates an environment where abusive behavior can go unchecked. Without adequate monitoring, mistreatment can continue undetected, seriously endangering residents’ safety and well-being. Proper supervision is crucial for preventing and promptly addressing any instances of abuse.
Here are the most common forms of abuse found in ALFs:
The application of force that results in bodily harm or injury — including striking, slapping, shoving, or improperly restraining residents.
Any non-consensual sexual activity, such as unwelcome touching, sexual assault, or coercion — perpetrators may include facility staff, fellow residents, or visitors.
Emotional distress inflicted through verbal or non-verbal means, including intimidation, humiliation, or social isolation.
The failure to provide sufficient care to fulfill a resident's fundamental needs, including nutrition, hydration, hygiene, medical care, or safety.
The improper or unauthorized use of a resident's finances or assets for the benefit of another individual.
No matter the kind of abuse your loved one has suffered, our team is standing by to help.
Some common indicators of assisted living abuse include:
Family members and caregivers must remain vigilant for these signs and promptly report any suspicions of abuse or neglect to the appropriate authorities.
Assisted living facilities can indeed face legal action for neglect and abuse. However, to successfully pursue a case against such a facility, it’s essential to demonstrate that the facility was negligent and that this negligence directly caused harm to the resident. That’s why it’s crucial to gather sufficient evidence to support the claim, as not all injuries result from negligence.
The primary responsibility for safeguarding the well-being and safety of residents rests with the facility itself. This encompasses the provision of sufficient care, supervision, and a secure environment.
Nonetheless, individual staff members — such as caregivers, nurses, and administrators — may also be held accountable if their conduct or failure to act contributes to instances of abuse.
The timeframe for filing a legal claim is determined by the statute of limitations. In California, you’re given two years to initiate a claim for physical abuse, while financial elder abuse cases extend this deadline to four years.
Typically, the clock begins ticking upon the discovery of the abuse or when it reasonably should have been discovered. However, factors like mental capacity can alter this timeframe.
The compensation you may pursue in an ALF abuse case is generally categorized into two types: economic and non-economic.
Economic compensation pertains to the tangible financial losses incurred due to the injury. This can include:
To substantiate your claim for economic damages, you must present invoices and documentation that verify these costs.
Non-economic compensation, on the other hand, is more complex because it pertains to intangible losses, including:
To validate your claim for non-economic damages, you must present evidence of abuse, neglect, or negligence on the part of the facility.
If you suspect any form of abuse or neglect in an assisted living facility, it is imperative to act promptly. In urgent situations, you should dial 911.
For non-urgent issues, you can report the incident to:
Afterward, consulting with a proficient attorney can offer invaluable assistance in navigating the legal pathways to address abuse and ensure justice for the victims.
Susan Kang Gordon, A Professional Law Corporation stands out as a formidable presence in the realm of elder abuse law. Our founding attorney has earned prestigious accolades, such as being named Trial Lawyer of the Year 2022 by the San Francisco Trial Lawyers Association and Trial Lawyer of the Year 2021 by the Ventura County Trial Lawyers Association.
What distinguishes us is our exclusive focus on cases involving abuse within long-term care facilities. This focus allows us to delve deeply into the complexities of each case, offering an unparalleled level of skill that attorneys with a broader scope lack. We recognize that abuse within these facilities often originates from larger issues such as corporate misconduct and inadequate staffing, and we are relentless in holding all liable parties accountable.
At Susan Kang Gordon, A Professional Law Corporation, we tenaciously pursue justice, approaching each case with the same urgency and dedication as if it were a personal family matter. When you work with us, you’re not merely hiring legal representation — you’re gaining a passionate advocate who will unwaveringly support you throughout the legal process.
