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WRONGFUL DEATH IN LONG-TERM CARE
WRONGFUL DEATH IN LONG-TERM CARE
Wrongful death in long-term care facilities—such as assisted living, memory care units, and RCFEs—occurs when vulnerable residents are left unprotected, improperly supervised, or denied essential care. Unlike medical-model nursing homes, long-term care communities still owe residents a statutory duty to provide safety, supervision, adequate staffing, and prompt response to emergencies. When a resident dies from preventable causes such as elopement, falls, choking, dehydration, infection, aggression from another resident, or delayed transfer to a hospital, California law allows families to pursue wrongful death damages as well as a survival action for the harm their loved one suffered before passing. Courts have made clear that when facilities ignore care plans, fail to monitor residents, or engage in systemic neglect, their conduct can rise to reckless elder neglect under the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). In Delaney v. Baker, the Supreme Court confirmed that reckless disregard for a dependent adult’s safety entitles families to enhanced EADACPA remedies. Sababin v. Superior Court held that ignoring care-plan requirements and failing to document essential checks can constitute conscious disregard for resident safety — conduct that often leads directly to fatal outcomes. Mack v. Soung found that withholding necessary intervention or delaying medical care can support elder-abuse liability in death cases. And in Covenant Care v. Superior Court, the court recognized that systemic rights violations and chronic understaffing may justify punitive damages, especially when corporate owners fail to ensure adequate supervision or emergency response systems. When a long-term care facility allows a preventable death to occur, families have powerful legal tools to obtain answers, accountability, and full justice.
Wrongful death in long-term care facilities—such as assisted living, memory care units, and RCFEs—occurs when vulnerable residents are left unprotected, improperly supervised, or denied essential care. Unlike medical-model nursing homes, long-term care communities still owe residents a statutory duty to provide safety, supervision, adequate staffing, and prompt response to emergencies. When a resident dies from preventable causes such as elopement, falls, choking, dehydration, infection, aggression from another resident, or delayed transfer to a hospital, California law allows families to pursue wrongful death damages as well as a survival action for the harm their loved one suffered before passing. Courts have made clear that when facilities ignore care plans, fail to monitor residents, or engage in systemic neglect, their conduct can rise to reckless elder neglect under the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). In Delaney v. Baker, the Supreme Court confirmed that reckless disregard for a dependent adult’s safety entitles families to enhanced EADACPA remedies. Sababin v. Superior Court held that ignoring care-plan requirements and failing to document essential checks can constitute conscious disregard for resident safety — conduct that often leads directly to fatal outcomes. Mack v. Soung found that withholding necessary intervention or delaying medical care can support elder-abuse liability in death cases. And in Covenant Care v. Superior Court, the court recognized that systemic rights violations and chronic understaffing may justify punitive damages, especially when corporate owners fail to ensure adequate supervision or emergency response systems. When a long-term care facility allows a preventable death to occur, families have powerful legal tools to obtain answers, accountability, and full justice.
Related Services: Los Angeles Elder Abuse Attorney, Orange County Elder Abuse Attorney, San Diego County Elder Abuse Attorney, Riverside County Elder Abuse Attorney, San Bernardino Elder Abuse Attorney, Ventura Elder Abuse Attorney, Santa Barbara Elder Abuse Attorney
Learn More About Practice Areas: Nursing Home Abuse, Pressure Ulcers/Bedsores, Falls and Fractures, Dehydration and Malnutrition, Infection, Sepsis, Delayed Treatment, Physical Abuse, Sexual Abuse, Elopement and Wandering, Medical Malpractice in Nursing Home Abuse Actions, Assisted Living Actions for Abuse And Neglect, Wrongful Death In Nursing Homes, Wrongful Death in Long Term Care
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Jasinska Law Firm is a dedicated California elder abuse and nursing home neglect firm. As an RN-attorney, Eliza combines medical and legal expertise to investigate bed sores, falls, medication errors, understaffing, and long-term care neglect. If you need an elder abuse attorney, nursing home neglect lawyer, or skilled nursing facility neglect attorney, we are here to help.
Jasinska Law Firm is a dedicated California elder abuse and nursing home neglect firm. As an RN-attorney, Eliza combines medical and legal expertise to investigate bed sores, falls, medication errors, understaffing, and long-term care neglect. If you need an elder abuse attorney, nursing home neglect lawyer, or skilled nursing facility neglect attorney, we are here to help.
How We Help in Long-Term Care Wrongful Death Cases
How We Help in Long-Term Care Wrongful Death Cases
- Investigate preventable deaths from elopement, falls, choking, dehydration, infection, aggression, or delayed hospital transfer
- Review care plans, supervision failures, ignored assessments, and emergency-response delays
- Expose chronic understaffing, inadequate training, and systemic safety lapses
- Apply key California cases (Delaney, Sababin, Mack, Covenant Care) to prove reckless elder neglect
- Hold assisted living, memory care, and RCFE operators fully accountable
- Pursue all available damages, including loss of companionship, pain and suffering, attorney’s fees, and punitive damages
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