Table of Contents:
- When Can You Sue a Nursing Home for Negligence and Abuse?
- How To Sue a Nursing Home for Neglect and Abuse in California
- What Evidence Do You Need To Sue a Nursing Home?
- Who Is Legally Responsible When a Nursing Home Causes Harm?
- What Damages Can You Recover for Nursing Home Abuse and Neglect?
- How Are Nursing Home Abuse Cases Different from Other Injury Cases?
- We’re Here for You If Your Loved One Experiences Abuse or Neglect in a California Nursing Home
If you, your spouse, your parent, or another family member has experienced nursing home neglect or abuse, you may be able to sue a nursing home for substantial damages. Nursing homes have a moral and legal obligation to treat residents with dignity and provide a safe, hospitable environment free of abuse.
We are one of the leading elder abuse law firms in the United States with over 75 years of combined experience protecting the rights and welfare of the elderly. We can investigate nursing home abuse, protect your loved one, and hold the facility accountable. Contact us today for a free case review.
When Can You Sue a Nursing Home for Negligence and Abuse?
You may be able to sue a nursing home for negligence if you can prove that the facility allowed your loved one to suffer any form of abuse or failed to provide your loved one with the care, services, and supervision they needed. Nursing home abuse is a nationwide crisis that has persisted for decades despite increased public awareness and federal reforms. According to Seniorliving.org, nursing homes throughout the United States received 94,499 health citations in 2023, 7,654 of which involved abuse, neglect, or exploitation.
Physical abuse was the most common form, followed by neglect and psychological abuse. Approximately 64.2 percent of nursing home staff surveyed admitted to committing some form of abuse during the last 12 months, and 40 percent admitted to committing psychological abuse.
What Qualifies as Nursing Home Abuse?
The California Elder Abuse and Dependent Adult Civil Protection Act defines elder or dependent adult abuse as any of the following:
- Physical abuse: Assault, battery, withholding of food or water, prolonged physical restraint, sexual assault, and medically unnecessary use of a physical or chemical restraint
- Neglect: Failure to provide the care a reasonable person in a similar position would, including hygiene care, food, clothing, shelter, medical care, and protection from accident hazards
- Abandonment: Willfully leaving a resident without care, such as leaving the facility during or after a shift without ensuring someone else is there to provide care
- Isolation: Falsely imprisoning residents, such as locking them in their room, or intentionally preventing residents from receiving mail or phone calls
- Abduction: Allowing someone other than an authorized representative to remove a resident from the facility when the resident lacks capacity
- Financial abuse: Obtaining or misappropriating a resident’s money or property for personal gain or fraudulent purposes, by force or manipulation
- Mistreatment: Any treatment that results in physical harm or mental suffering
Deprivation: Depriving a nursing home resident of goods or services necessary to avoid physical harm and mental suffering
Your Loved One’s Rights as a California Nursing Home Resident
Your loved one has a right to receive dignified treatment, quality care, and protection from all forms of abuse, according to federal and state regulations. California Code of Regulations Section 72527 specifies that every skilled nursing facility resident has the following rights:
- To live in a clean, sanitary facility in good repair and with enough staff to meet all residents’ daily needs
- To receive the necessary care to result in good personal hygiene, including care to prevent bedsores and reduce incontinence
- To have access to a sufficient quantity and quality of food
- To participate in an activities program
- To have access to a call button and pull cord at all times
- To be readmitted to the facility after a hospitalization
- To give informed consent in writing for all treatments and procedures, and to refuse treatment or revoke consent
“We see pressure sores all the time in nursing home cases, because the residents, especially the ones who are bed-bound, are not turned and repositioned or gotten out of bed enough, so they develop pressure sores commonly on their heels or their coccyx or backside."
Understanding Informed Consent
Before consenting to treatments and procedures, a resident or their representative has a right to know the reason for the treatment, the benefits, risks, potential side effects, alternatives, and any other information material to their decision to consent or refuse.
If the treatment involves psychotropic drugs, residents have a right to additional disclosures, including available non-drug options, warnings, contraindications, precautions, interactions with current medications, whether the drug has been approved for the purpose for which it is prescribed, and how the facility will monitor and respond to side effects.
“We've seen nursing homes where they don't want the residents yelling all the time or hitting the call lights all the time. They really just want them to lie in bed and not be much of a bother to the staff. So they overmedicate them. It's very common for me to get calls from the children of people who are in nursing homes, and they say – Mom or dad was fine and very communicative when they went into the nursing home, but now they are groggy. They sleep 20 hours a day. Every time I go in, I can barely wake them up. Well, that's possibly because they're overmedicated, or the nursing home possibly is using medications as a chemical restraint to keep the elderly person from needing as much help.”
How To Sue a Nursing Home for Neglect and Abuse in California
To initiate a nursing home abuse or neglect lawsuit, you must file a formal complaint with the civil court in the county where the abuse occurred. However, the process begins well before filing, and you will still have significant work to complete afterwards. The steps to filing a nursing home abuse lawsuit include the following:
- Investigate the abuse and gather evidence
- Calculate damages
- Send a demand letter to the defendants and their insurance companies
- Negotiate and try to settle before trial
- Provide additional documentation during the discovery process
- Go through mediation if required
- Go to trial
Nursing home abuse cases may be governed by medical malpractice laws or elder abuse laws, depending on the type of abuse a resident suffers and who committed the abuse. If you are filing a medical malpractice claim, you must give the defendants a 90-day notice of your intent to file suit.
Nursing home abuse cases are complex claims, but our compassionate and skilled California nursing home abuse lawyers can handle the entire process. Before attempting any investigation or legal action, call (888) 887-9777, and let us handle the details and support you through this difficult time.
Time Is Limited for Nursing Home Abuse Lawsuits
It is crucial to take immediate action if you suspect nursing home abuse or neglect. The statutes of limitations in California limit the time a plaintiff has to file a nursing home abuse lawsuit. If the case involves medical malpractice, the defendant must file the claim within one year of the date they discovered or should have discovered the abuse or neglect, but no later than three years after the abuse or neglect has ended. In other elder abuse cases, the time limit is generally two years from the incident date.
Determining which elder abuse statute of limitations applies to a specific case requires an analysis by an experienced nursing home abuse attorney. We can answer your questions about the time limits and file your case on time. Don’t wait to reach out to our compassionate attorneys. There is no fee or obligation to consult our law firm because we work on a contingency fee basis. We invest our time and money to file your case and fight for the compensation you deserve, and you pay nothing unless we win. Contact us now to start your claim.
What Evidence Do You Need To Sue a Nursing Home?
Nursing home operators and insurance companies often deny abuse and claim the injuries were the inevitable effects of age or illness. They claim abuse never occurred and minimize victims’ injuries. Strong evidence is necessary to prove nursing home neglect and abuse. Start collecting the following evidence as soon as you suspect your loved one has suffered maltreatment:
- Your loved one’s medical records
- Photographs of the injuries
- Copies of correspondence from the nursing home
- A journal you prepare with dates and details about your observations and communications with the nursing home
- Names of residents, staff, visitors, or others who witnessed the abuse or its effects
We understand how difficult it is to document and photograph your loved one’s injuries. When you choose us, we will provide emotional support, counseling, and assistance gathering evidence. We’ll obtain expert witness opinions, interview eyewitnesses, review video footage, and obtain the complete medical records. We’ll also obtain and review the nursing home’s staffing logs and the facility’s policies and procedures. The nursing home may attempt to sweep evidence under the rug. Involve our firm as soon as possible so we can protect your case.
Who Is Legally Responsible When a Nursing Home Causes Harm?
California nursing homes and their staff have a legal duty to provide a safe environment for all residents and protect them from abuse. When they fail to meet their duties, residents pay the price. They may suffer serious physical and psychological harm, including infections, falls and fractures, bruises, emotional distress, bedsores, a reduced quality of life, and death. The following parties may be responsible:
- Nursing home owners
- Doctors
- Nurses
- CNAs
- Administrative staff
- Pharmacists
- Radiologists
- Vendors
As an experienced law firm with a primary focus on protecting the rights and welfare of the elderly, we are dedicated to uncovering every form of abuse your loved one experienced, identifying all of the responsible parties, and holding them accountable.
What Responsibilities Do Nursing Homes Have to Their Residents?
California Code of Regulations Title 22 governs the scope of a nursing home’s responsibilities, which include the following:
- Employ enough staff to provide at least 3.5 direct care hours per resident per day.
- Provide medications as prescribed and carry out physicians’ orders.
- Obtain emergency medical care for residents as necessary.
- Ensure every resident is under a physician’s care and allow residents or their representatives to select their physicians.
- Complete a care plan within seven days of admission, follow it, and update it as needed.
- Treat residents with dignity and respect, and protect them from all forms of abuse.
- Provide hygiene care, including skin care, shampooing, grooming, oral hygiene, shaving, beard trimming, and nail care.
- Help residents maintain the highest level of self-care and independence possible.
- Prevent bedsores.
- Provide adequate nutrition and hydration, and assist residents who need help.
- Prevent incontinence or follow a bladder or bowel maintenance plan.
- Monitor residents’ weight and height.
- Provide visual privacy during medical treatments and personal care.
- Answer call lights promptly.
- Protect residents from infectious diseases by refusing admission to patients with infections or quarantining them according to infection control guidelines.
- Adopt and implement infection control policies and procedures.
What Damages Can You Recover for Nursing Home Abuse and Neglect?
Compensation for nursing home abuse and neglect may also be significant. You may be entitled to receive economic and non-economic damages. Economic damages cover the financial costs of nursing home abuse injuries, such as medical expenses, lost wages while protecting or transferring your loved one, and the value of lost or stolen property.
Non-economic damages compensate for the impacts on the nursing home resident’s quality of life, including pain and suffering, loss of bodily functions, emotional distress, and loss of enjoyment of life. In a medical malpractice case, the maximum non-economic damages award available is $430,000 as of 2025. This limit changes annually. There is no limit in other elder abuse cases.
Punitive damages may also be available if the defendant’s conduct was reckless, malicious, oppressive, or fraudulent. Punitive damages are awarded to punish wrongdoers and deter future misconduct.
When Nursing Home Abuse or Neglect Causes Death
If your loved one has died from nursing home abuse or neglect, your family may be able to pursue economic, non-economic, and punitive damages through a wrongful death lawsuit. Such damages may include the following:
- Funeral and burial expenses
- Loss of estate value
- Loss of inheritance
- Loss of companionship
- Loss of parental support and guidance
- Loss of love and affection
- Grief and mental suffering
We understand how devastating it is to find out your loved one died prematurely because the nursing home provided substandard care. No settlement or verdict can truly make up for the loss of a loved one. However, it can relieve the financial pressure and provide a measure of justice. We will be here to listen to you, help you through this heart-wrenching time, and hold the responsible parties accountable to the full extent of the law.
Our Nursing Home Abuse and Neglect Case Results
Every case is unique, and the amount you recover can vary widely from what other nursing home abuse victims receive. We have recovered over $200 million in compensation for abused and neglected elders and dependent adults, and we will fight just as hard for you.
The following are some notable nursing home abuse settlements and verdicts we have obtained:
- $3 million verdict for a dependent adult who suffered an infected coccyx bedsore due to neglect at a skilled nursing facility
- $2.3 million verdict against a California nursing home for an 84-year-old resident who suffered multiple permanent injuries from neglect
- $1.3 million verdict on behalf of a California nursing home resident’s daughter who suffered severe leg injuries while showering her mother after the facility refused
- $850,000 settlement for the family of a nursing home resident who choked to death due to the facility’s failure to follow the care plan
- $$450,000 settlement for a nursing home resident who suffered organ failure due to the facility’s failure to provide sufficient fluids
How Are Nursing Home Abuse Cases Different from Other Injury Cases?
Nursing home abuse and neglect are shocking because they involve an abuse of power against vulnerable adults who often cannot defend or speak for themselves. They are often living with dementia or severe disabilities that make them completely dependent on the very caregivers who hurt them.
Corporate greed is the driving factor behind most nursing home abuse. Although direct care staff are commonly the perpetrators, they are often victims themselves. Nursing home operators often refuse to employ enough staff, forcing them to rush care and prioritize one resident’s needs while ignoring another. Staff often work long shifts with little training and low pay. They may neglect or lash out at residents because of frustration, burnout, or overload.
Placing a loved one in a skilled nursing facility is the right thing to do when an elderly or dependent adult cannot live safely at home, but nursing home abuse can leave you feeling guilty and second-guessing your decision. You are not responsible. You trusted the nursing home, and it let you down. We’re an experienced elder abuse law firm ready to hold them accountable. Call us today at (888) 887-9777 to start the path to justice.
We’re Here for You If Your Loved One Experiences Abuse or Neglect in a California Nursing Home
With over 75 years of combined experience, our California nursing home neglect lawyers are dedicated to protecting the rights of our seniors and leading the charge against nursing home abuse. Nursing home abuse is all we do, so you can count on us to handle your case with extreme efficiency and a depth of experience you won’t find at other law firms. We often see the same defendants repeatedly, and most know from experience and our reputation that they do not want to go up against us in court.
At Lanzone Morgan, LLP, we are singularly focused on protecting the rights and welfare of the elderly. When you choose us, we don’t take the faith you put in us lightly. Everyone at our firm will treat you and your loved one like family, with empathy and compassion. We provide 24/7 support, and you pay nothing unless we win.
Contact us online today or call (888) 887-9777 to learn more about what we can do for you and your loved one.
The following content has been legally reviewed and approved by nursing home abuse attorney Anthony Lanzone. Anthony holds notable memberships with professional organizations including the American Association for Justice and Consumer Attorneys of California.