Institutional Accountability · Elder Abuse
California Elder & Dependent Adult Abuse Attorney
Civil representation for elders and dependent adults neglected or abused in nursing homes, residential care facilities, and assisted living across California — and for the families who trusted those facilities.
The Elder Abuse Act exists because ordinary negligence law was not enough.
California’s Elder Abuse Act
The Elder Abuse and Dependent Adult Civil Protection Act (Welf. & Inst. Code § 15600 et seq.) gives victims of physical abuse or neglect remedies ordinary negligence cases do not carry: with proof of recklessness, oppression, fraud, or malice by clear and convincing evidence, plaintiffs may recover attorney's fees and costs (§ 15657) and damages for the victim's pre-death pain and suffering even in cases where the victim has passed.
Neglect is the heart of these cases
Neglect means the failure of a custodial caregiver to provide for basic needs — and it shows up in patterns:
- Pressure injuries (bedsores) that develop or worsen in care
- Falls in facilities that knew the resident was a fall risk
- Dehydration and malnutrition
- Medication errors and chemical restraint
- Wandering and elopement
- Untreated infections and sepsis
- Unexplained bruising, fear, or decline
What we do not handle
This firm does not handle medical or dental malpractice claims. Elder abuse claims are different: they target custodial neglect — the failure of a facility to provide basic care — not a physician's exercise of professional judgment. Where a matter is truly a malpractice case, we will tell you promptly and point you in the right direction.
Why facilities settle these cases
Understaffing is a business decision, and the records prove it — staffing grids, audits, state surveys (Cal. Dept. of Public Health citations), internal incident reports, and chart audits. A firm that prepares the case for trial, with the Act's fee-shifting exposure attached, changes the facility's calculation.
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No obligation. Injury cases are handled on a contingency-fee basis.
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Important: This page is provided for general educational purposes only and does not constitute legal advice. Submitting an inquiry does not create an attorney–client relationship; that relationship is formed only by a written agreement signed after we evaluate the matter for conflicts and merit. Past results do not guarantee future outcomes. Statutory citations are illustrative; the legal framework applicable to a specific case depends on the facts. The Law Offices of David L. Milligan, APC is licensed in California.