Eisenberg Law Group PC 811 Wilshire Boulevard #1720 Los Angeles, California 90017 Confirm the exact facility, identifiers, and responsible entities Start by confirming the facility’s exact legal name, address, and identifiers (state licensing information and CMS certification details). This is not just paperwork: skilled nursing facilities may operate under a “doing business as” name, while ownership, management, and staffing may involve multiple related companies. Correct identification helps your lawyer request the right records and insurance information and prevents delays caused by misdirected requests. Injury patterns that often indicate neglect or abuse Some injuries are recognized risks in long-term care, but patterns can show preventability—especially when the chart does not match what the family observed. Commonly investigated events include falls with fracture or head injury, worsening pressure ulcers, medication errors (missed doses, wrong dose, wrong resident, contraindicated combinations), dehydration or malnutrition, untreated infection, unsafe transfers, restraint-related harm, and aspiration events in residents with swallowing disorders or tube feeding needs. Ask one core question: did the care plan change after the risk became obvious? Repeated falls without revised supervision, alarms, therapy input, and toileting plans often point to a systems failure rather than a one-off accident. Short-stay rehabilitation vs. long-stay care: where breakdowns happen Short-stay residents often arrive for rehabilitation after hospitalization and rely on coordinated therapy services (physical, occupational, and speech). Long-stay residents may need ongoing support for dementia supervision, toileting, mobility, wound care, and complex chronic conditions. Breakdowns commonly occur when therapy and nursing are not coordinated, when the facility does not reassess after a change in condition, or when staffing is thin during high-risk hours (nights, weekends, and shift changes). How to use CMS ratings, inspection history, and quality measures correctly Public data is useful context, not the whole story. The CMS Five-Star system summarizes health inspections, staffing, and quality measures. See: “Five-Star Quality Rating System” (CMS). CMS also publishes nursing home quality measures across multiple “percent of residents…” outcomes. See: “Quality Measures” (CMS). For families, the practical value is knowing what to request next: survey reports, complaint investigations, deficiency findings (often organized by “F-tags”), plans of correction, and enforcement remedies. In a lawsuit, these materials can help show whether an injury was part of a wider pattern involving staffing, documentation, infection control, fall prevention, or wound care practices. What to do in the first 24–72 hours Protect the resident first, then preserve the facts. Steps that often help: Request an immediate assessment for pain and injury; if symptoms are serious, insist on outside evaluation (urgent care or hospital). Ask the charge nurse what happened, when it happened, and what was documented; note names and times. Photograph visible injuries and skin changes; keep a dated timeline of symptoms, calls, and responses. If you suspect medication issues, ask what was administered and whether doses were missed, held, or changed. If you fear ongoing harm, request a care-plan meeting right away and discuss interim safeguards (increased checks, toileting schedule, mobility assistance, wound prevention schedule, or a higher level of supervision). If the facility cannot keep the resident safe, consider transfer options. How to request records (and how families can avoid delays) Most cases rise or fall on documentation. Ask your lawyer about sending a targeted records request quickly, including electronic health record components that are not always produced by default. If you are requesting records yourself, be prepared to show the right authority (for example, a HIPAA authorization, health care power of attorney, conservatorship paperwork, or documentation that you are the legal representative). If the resident can sign, that is often the simplest route. In addition to medical chart notes, consider requesting care-plan documents, Minimum Data Set (MDS) assessments, medication administration records, treatment administration records, wound care flow sheets, intake/output or weight monitoring, and incident-related documents. For disputed events, a preservation letter can be important to request retention of video, call-light logs, and staffing assignment sheets. Key evidence that builds medical proof Strong nursing home injury cases rely on objective proof, not just suspicion. Lawyers typically collect the admission packet, care plans, nursing notes, therapy notes, physician orders, labs and imaging, wound assessments with measurements and staging, nutrition and hydration tracking, incident reports, and communications with family and management. Two sources families often overlook are (1) electronic chart audit trails showing when entries were created or edited and (2) operational data such as staffing assignments, rounding sheets, nurse call-light reports, and equipment logs (bed alarms, wheelchairs, lift devices). These can help answer the questions defendants usually fight hardest: who was responsible, what they knew, and whether the facility had adequate staff and systems in place. Reporting options beyond the facility Depending on the facts, families may also report concerns to outside agencies. Options can include the local long-term care ombudsman, Adult Protective Services for suspected elder abuse, and California licensing and public health channels that oversee skilled nursing facilities. Reporting does not replace medical care or legal advice, but it can create an independent timeline and may trigger an inspection or complaint investigation. Legal frameworks that commonly apply in California Claims involving a skilled nursing facility, assisted-living facility, or other long-term care center can involve professional negligence, general negligence, and—when the conduct is especially serious—California’s elder abuse protections (often discussed under the Elder Abuse and Dependent Adult Civil Protection Act). The legal theory matters because it influences what must be proven and what remedies may be available. Your lawyer will also evaluate issues that shape the process, including arbitration agreements signed at admission, statute-of-limitations deadlines, and whether the case involves a living resident, a wrongful death claim, or both. Do not assume admission paperwork is “standard” or harmless; have it reviewed before relying on it. Compensation, insurance, and financial recovery issues families should expect Damages depend on the facts and the claims pursued, but may include medical bills, hospitalization, rehabilitation, costs of increased care needs, out-of-pocket expenses paid by family, and pain and suffering when supported by medical evidence. In some cases, additional remedies may be pursued under elder abuse theories. Facilities and management companies usually have insurance, and the presence of coverage often drives how a settlement or trial strategy is evaluated. Also ask early about potential reimbursement claims or liens (for example, from Medicare, Medi-Cal, or private health insurance) so the net recovery is not a surprise later. Many personal injury and nursing home abuse attorneys work on contingency (a percentage of the recovery). Get the terms in writing and ask how costs, expert fees, and medical record charges are handled. How to choose the right Kei-Ai Los Angeles injury attorney Look for a lawyer who regularly handles nursing home abuse and neglect cases in California and who can explain the medical story with precision. Ask who will review the clinical issues (in-house staff, retained experts, or both), how the firm secures complete records, and how often you will receive updates. Also ask how they handle the defenses that appear in almost every case: the injury was “unavoidable,” “pre-existing,” or the resident “refused care.” Experience with fall-risk protocols, medication management, infection timelines, pressure injury prevention and staging, and dementia-related supervision is often the difference between a vague claim and a provable one. Warning signs families can track during visits If you are monitoring a loved one, small day-to-day indicators can become powerful evidence later: repeated unanswered call lights, delays in toileting, new fearfulness around particular staff, uncleanliness or persistent odors, missing chart entries around key events, and medication changes without clear explanations. Even when an incident seems minor, a consistent timeline of small failures can explain a major injury. Bottom line If a resident at Kei-Ai Los Angeles Healthcare Center (or any Los Angeles-area skilled nursing facility) is injured, focus on safety, documentation, and accountability. A qualified injury lawyer can help you obtain records, interpret medical proof, evaluate whether neglect or abuse occurred, and pursue compensation while the resident’s health needs are addressed. 5 Research-Backed Questions & Answers (New) 1. How long does a typical personal injury case take to resolve in California? There is no single answer—most cases resolve between a few months and several years. Minor claims that require little medical treatment frequently settle within 3–9 months; more serious injuries that require extensive treatment, expert reports, or litigation commonly take 12–24 months or longer. Time-to-resolution is driven by: time needed for medical recovery and documentation, the insurer’s investigation, whether depositions/discovery are required, and whether the case goes to trial. Sources: legal practice guides and empirical surveys of claim handling note these ranges (see Nolo: How long a personal injury case takes) and bar association practice materials that describe how case complexity increases duration (see American Bar Association litigation resources). 2. What percentage of personal injury cases actually go to trial? Very few. Empirical data for civil cases in state courts show that the vast majority of claims settle before trial; jury trials make up only a small fraction (typically well under 5% of civil matters). For personal injury specifically, most claims are settled through negotiation or alternative dispute resolution rather than tried to verdict. Source: U.S. Bureau of Justice Statistics and studies of state-court civil litigation documenting low trial rates (see BJS: Civil Bench and Jury Trials in State Courts) and summaries by legal research outlets. 3. How do contingency fees work, and what percentage should I expect in California? Contingency-fee agreements mean your lawyer is paid a percentage of the recovery only if you win (settlement or verdict). In California the typical contingency ranges from about 33% (one-third) for a pre-lawsuit settlement to 33⅓%–40% if a lawsuit is filed, depending on the agreement and case stage. The exact percentage varies with case complexity, need for experts, and whether the case is appealed. The agreement should be written and explain who pays costs if there is no recovery. Sources: State Bar and consumer legal guides describing common contingency-fee structures (see State Bar of California: contingency fees and Nolo: contingency fees explained). 4. What factors most strongly influence the size of a personal injury settlement? Research and insurance-practice analyses identify several primary drivers: Injury severity and objective medical evidence: more severe, well-documented injuries (imaging, surgical reports) increase value. Liability/clear fault: stronger proof the other party caused the injury raises expected value. Insurance policy limits: available coverage often caps recoverable compensation. Treatment and recovery trajectory: consistent, timely medical care and clear prognosis help maximize awards. Pre‑existing conditions and comparative fault: prior injuries or any claimant fault can reduce recovery. Quantitative studies of settlements and verdicts consistently show medical severity and documented damages are the dominant predictors of higher payouts. Sources: legal-practice materials and insurance-industry research on claim valuation (see Insurance Information Institute: factors affecting claims) and educational resources for evaluating damages (see Nolo: what a personal injury case is worth). 5. What is the statute of limitations for personal injury claims in California? For most personal injury claims in California the statute of limitations is two years from the date of injury (California Code of Civil Procedure § 335.1). If you miss that deadline, you will likely be barred from suing (with some important exceptions—for example, claims against government entities have shorter notice requirements and other special rules). Source: California Code of Civil Procedure § 335.1 (see the state code and official explanations: CCP § 335.1 and summaries from legal aid/consumer resources).