Injuries in Elder Care: What You Need to Know About RCFEs and Legal Liability

Reading Time: 2 minutes

As a RCFE negligence lawyer, I’ve seen a troubling rise in elder abuse and neglect cases—especially in facilities that families often assume are safe and properly supervised. Understanding the different types of elder care facilities in California is critical when pursuing justice for a loved one who has been harmed.

Not all facilities are the same—and legally, that matters. Some are considered medical providers and are protected by damage caps under MICRA (Medical Injury Compensation Reform Act of 1975). Others, like Residential Care Facilities for the Elderly (RCFEs), are not.

What Are the Types of Elder Care Facilities?

  1. Skilled Nursing Facilities (SNFs)

    • Regulated by the California Department of Public Health

    • Provide medical care and licensed nursing

    • Subject to MICRA – damages for pain and suffering are capped

  2. Residential Care Facilities for the Elderly (RCFEs)

    • Regulated by the California Department of Social Services

    • Offer non-medical custodial care (assistance with bathing, dressing, medication reminders)

    • Not subject to MICRA – no cap on non-economic damages

    • This is where a skilled RCFE negligence lawyer can help hold facilities fully accountable for neglect, abuse, or unsafe conditions

  3. Memory Care / Dementia Units

    • May exist within SNFs or RCFEs

    • Legal liability depends on the type of facility and level of care provided

  4. Assisted Living Facilities

    • Often another name for RCFEs

    • Provide supportive, non-medical care

    • Not considered medical providers under MICRA

  5. Continuing Care Retirement Communities (CCRCs)

    • Offer multiple levels of care, from independent living to skilled nursing

    • MICRA applicability depends on the level of care involved in the incident


Why MICRA Matters in Elder Abuse Cases

If your loved one was harmed in an RCFE, your case is not limited by MICRA’s $250,000 cap on non-economic damages (such as pain and suffering). That’s why identifying the correct facility type is a crucial part of any elder abuse claim. As an experienced RCFE negligence attorney, we help families navigate these distinctions to build strong, full-value cases.


Injured in a Residential Care Facility? We Can Help.

At Howell Law Firm PC, we specialize in cases involving RCFE neglect, elder abuse, and nursing home negligence. If your loved one has suffered injuries, neglect, or wrongful death in an elder care setting, call us today for a free consultation.
We fight to hold these facilities accountable—and we get results. Call us at 888-712-0017

Search

Blog Categories

Speak With One Of Our Experienced Lawyers

If you’re unsure what to do next after an accident, don’t wait. A quick conversation with our team can help clarify your situation and point you in the right direction.

Schedule A Free Consultation Now

Get Answers. Get Help.

Speak With an Attorney Today

If you’ve been injured or wronged due to someone else’s negligence, you don’t have to face this alone. Our team is here to listen, explain your options, and help you take the next step forward. If you’re not sure where to begin or have a question fill out the form below. If you are ready to get started you can schedule a free consultation now. There’s no obligation, and no fees unless we win.