Elder abuse and nursing home neglect claims involve a unique set of rules.
When a parent becomes unable to care for themselves due to the beginnings of early dementia, injuries or age, families often rely on nursing homes to provide dedicated, round-the-clock care. These Skilled Nursing Facilities (SNFs) are usually the best option for providing a high level of continuing care required by many elderly patients. However, when these SNFs fail to maintain or enforce high standards, patients may be subjected to abuse or neglect. The effects may be seen in the form of bedsores or dehydration, which may even lead to death.
Because the elderly are particularly vulnerable to illness, injury and coercion, special protections and laws at the federal, state and local levels have been put in place to protect them from elder abuse, and to hold those who harm them and the SNFs that employ those people liable. Bogaards Law has handled many of these types of cases and provides knowledgeable legal guidance if your mom or dad is the victim of elder abuse.
Elder abuse can happen through unintended negligence and sometimes intentional misconduct of staff in assisted living facilities and skilled nursing homes or at the hands of at-home caregivers.
Bogaards Law attorneys understand the laws regarding how the residential care system operates and we know how to best represent your mom or dad in cases involving elder abuse and nursing home neglect. If you or your family member have experienced elder abuse, you don’t have to take on a large insurance provider alone. We have decades of experience and an extremely successful record in dealing with the insurance companies of the Skilled Nursing Facilities.
We know the pain and loss that comes when your mom or dad has been neglected in the very place you brought them to be taken care of. Bogaards Law has earned the reputation for tenacious and aggressive representation of elderly clients and their families while also being widely recognized for compassion, understanding, dignity, and respect toward them. Equally important, we have the expertise and resources needed to fight large institutions whose improper staffing and training, high turnover rates and lax procedures facilitate elder abuse and nursing home neglect.
We recently litigated a case referred to us by an attorney colleague. His mother died within a month of moving into an upscale assisted living facility in Marin County, as a result of the staff not giving her medication. We obtained a very significant settlement within three months of the claim, sparing the family further legal proceedings, and forcing the facility to upgrade its medication protocols.
Taking legal action to hold negligent care providers responsible for their actions can have benefits that reach far beyond a single case. In fact, an added benefit of successful elder abuse claims is that in addition to damages for family members for wrongful death, they often prompt better conditions within care facilities. A lawsuit can trigger a governmental audit, a comprehensive review of procedures, and new, safer patient care guidelines that can improve care and prevent future harm to other vulnerable residents.
If someone you love has bedsores, dehydration, malnutrition or has died because of elder abuse, Bogaards Law can help hold facilities and caregivers responsible. Contact us today to schedule a free consultation with an experienced elder abuse attorney. You can also request a consultation by completing the contact form on our website. We will help you explore all legal remedies quickly and effectively.
Ms. Bogaards never backs down from a challenge, and her record shows it.
Female student was sexually abused by a male student at a local private middle school. The male student had abused other students in the past.
Disputed sexual molestation of high school male student by female teacher at private school.
Plaintiff was the executive assistant for the CEO of a Silicon Valley tech company for only a few years. She was fired for absenteeism and poor work performance; however, plaintiff had a personal relationship with the CEO’s family and claimed that the personal relationship both interfered with her ability to do her office work and lead to her termination.
Court trial in Marin County for breach of plaintiff’s employment contract as an office manager. Plaintiff had both a personal and work relationship with employer, a medical doctor.
Elder abuse case involving the death of a client’s father at a skilled nursing facility due to neglect, dehydration, and open wounds. Case settled at early mediation.
Elder abuse case involving the death of a fellow attorney’s mother within a month of moving into an upscale care facility in Marin County, because she was not given medications. Expedited settlement within three months of claim.
Wrongful death of the 20-year-old daughter of Renee and Israel Morales in the San Bruno PG&E gas pipeline explosion, with co-counsel John Feder. We were the second case to go to mediation resulting in one of the highest settlements in history. We also accompanied Renee Morales to the PG&E criminal trial over 5 years later.
Wrongful death of 94 year old petite grandmother who ran out into traffic in the middle of the block between parked cars against a red light. Our accident reconstruction expert found no liability- zero-against the driver who hit her.
Partial finger amputation of 8-year-old boy with comparative fault.
Plaintiff was an 85-year-old man attending a weekly Rotary meeting at the DoubleTree Hotel in Livermore. He slipped on wet tiles and broke his femur in four places.
Plaintiff slipped and fell on nacho cheese on the floor at a U.S.F. basketball game, injuring his knee and resulting in arthroscopic surgery.
Wrist fracture arising out of pedestrian/auto accident, no surgery.
Carbon monoxide poisoning case where clients, living in a ranch home in west Marin County, had only one day of exposure and no residual symptoms.
Bicyclist suffered broken wrist injury requiring multiple surgeries in no liability case.
Race car professional suffered neuropathic leg pain when race car driver backed up into him, while standing at metal table in hangar.
Homeowner slips on unsecured tarp in her foyer after coming downstairs and sues her general contractor doing her kitchen remodel. Homeowner suffers a severe elbow injury with surgery.
Cyclist gets doored by rideshare car. Bruising and scarring near eye and hand.
Over 35 years of professional excellence
We hired Debra Bogaards to represent us after our beloved mother passed away as the result of negligent administration of medications at a reputable, upscale assisted living. Day by day we watched her decline, took her to medical appointments and were told by her doctors that they did not understand why. After her admission to the hospital, we discovered that nursing staff failed to administer prescribed medication; the unused pills were sitting unopened in our mother’s pill basket at the nurse’s station.
This was a painful, unnecessary and premature loss. We did not want other families to experience such an awful decline and death; we felt the assisted living facility had to remediate their practices and be held accountable.
Debra was an outstanding representative for us. We were exhausted, upset and bereft. Debra’s strength, confidence and knowledge comforted us. She helped us let go of the heavy responsibility of addressing the elder abuse because she carried it in her capable hands. Debra is uplifting to work with; she brings positive energy to all of her interactions, including with the opposing side and the mediator. Her strength and optimism reduces stress in naturally stressful situations. She has deep knowledge and experience and expertly researches case specific information. She is well prepared, a strong advocate, and is patient and respectful with her clients throughout the decision-making process.
Our result was very satisfying. The assisted living changed their protocol and instituted ongoing nursing supervision for the administration of medications. In addition, we received financial compensation. The results Debra achieved for us were excellent and helped us gain closure.
We highly recommend Debra as an advocate. She has high integrity, tremendous energy and gets results.
I recently had to mediate a complex and difficult case, where opposing counsel and I agreed to use Debra as the mediator. I found her to be extraordinarily competent, empathetic and efficient in getting my case resolved.
Debra was very thorough, read through and understood all the materials, and was very well prepared. She privately met with the parties and impressed upon them the risks each of them faced by going to trial. As a result, the parties reached a compromise which was fair, and only accomplished because Debra was able to see the case from a good perspective from both the plaintiff and the defendant’s point of view.
A month before trial, Ms. Bogaards successfully mediated a challenging personal injury case and was able to effectively bridge a vast cultural and legal divide, to broker a settlement acceptable to all.
How did we do?
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