Lanzone Morgan, LLP, Founding Partner James Morgan recently joined Bill Gross of Probate Weekly from The LA Probate Expert to talk about the nursing home cases his firm sees most often, why neglect so often comes down to understaffing, and what families can do when they suspect a loved one is not getting the care they need.
The conversation is a useful look at how these cases begin, especially for families who have never had to deal with a nursing home complaint before.
The Two Most Common Calls: Bed Sores and Falls
According to James, the two most common cases Lanzone Morgan, LLP, sees involve bed sores (also called pressure sores) and fall fractures. When a family calls after a fall that led to a broken hip or a head injury, his firm asks detailed questions. Was the resident a known fall risk? Had they fallen before? Those answers help show whether the facility failed to protect them.
Bed sores are a different question. Many families call because they noticed skin problems on a loved one, but not every skin condition points to neglect. The cases that tend to matter form at pressure points, especially the tailbone (coccyx) and the heels. James described these as the most dangerous because they can lead to infection, sepsis, and death.
If you visit your loved one and notice a sore that is getting worse, or a sore that no one has told you about, write down what you see and ask the staff what they are doing about it.
Why Turning Matters
For residents who are bed-bound, the general rule is that they should be turned and repositioned at least every two hours. James pointed out that most nursing home staff know this rule. The problem is staffing.
When a facility is short-handed, repositioning is often what slides. A resident who is left in one position for hours is at serious risk of developing a pressure sore that can be deep, infected, and very hard to heal.
Understaffing Is Behind Most Cases
One of the most important points James made is that most of his firm’s cases are not about deliberate cruelty. He said that fewer than 10% involve someone physically abusing a resident. More than 90% involve a lack of care, and he tied much of that to facility owners who keep staffing as low as possible to protect profits.
He also noted that the staff are often overworked rather than uncaring. Many caregivers are juggling more residents than they can reasonably help, and high turnover makes care less consistent. In his experience, smaller, family-owned facilities where the owner is on site tend to have fewer problems than large corporate operations. Calls to Lanzone Morgan, LLP, also tend to spike after major holidays, when facilities are short-staffed while residents still need full care.
Are you frustrated because your loved one seems to be getting less attention than they used to? Changes in staffing, unexplained injuries, and a facility that is slow to share information can all be signs that something is wrong.
Wandering and Elopement
James also said his firm handles many elopement cases, where a resident with dementia leaves a secure unit and is injured, sometimes fatally. Residents with memory problems are supposed to be kept safe in locked units. When a facility fails to do that, the consequences can be severe, and families deserve answers.
When a Complaint Is Not a Lawsuit
Not every call leads to litigation, and James was candid about that. Lanzone Morgan, LLP, screens many inquiries and takes only a small share of them. But that does not mean the family has nothing to act on. When a concern does not rise to the level of a lawsuit, the firm’s staff explains how to raise the issue with the facility and how to file a complaint with the right agency.
Resources:
- Nursing homes: Department of Public Health, (800) 554-0354, CalHealthFind
- Assisted living and residential care facilities: Department of Social Services, Care Facility Search
- Abuse or neglect happening right now in a nursing home, assisted living facility, or adult day program: California Department of Aging Long-Term Care Ombudsman CRISIS Line, (800) 231-4024
- Residents’ rights and general questions about nursing homes: California Advocates for Nursing Home Reform, (800) 474-1116, canhr.org
James noted that a complaint investigation can prompt a facility to change how it cares for residents, even when a lawsuit is not the right path.
Representing Families Across California
Lanzone Morgan, LLP, handles nursing home abuse and neglect cases across the entire state of California, with offices in Long Beach, Los Angeles, Anaheim, and Oakland. James has practiced this type of law for 26 years, and he explained that most depositions and court hearings are now conducted by Zoom, which allows his firm to serve families across the state from its offices. Trial is always possible, though it is the exception. James said fewer than 5% of the cases his firm files go to trial, which is why the attorneys stay trial-ready from the start.
The attorneys and support staff at Lanzone Morgan, LLP, bring more than 75 years of combined experience, and they treat every family’s case with the same care they would give their own relatives.
Talk to a Skilled Elder Abuse Attorney
If you are worried about a loved one in a care facility, you do not have to figure out the next step alone. Lanzone Morgan, LLP, offers a free consultation, and its team is available 24/7 to help families understand their options. You can reach Lanzone Morgan, LLP at (888) 887-9777.
To hear the full conversation, listen to the Probate Weekly episode with James Morgan.