Placing a loved one in a California nursing home is one of the most difficult decisions a family can make. You entrust the facility and its staff with the care and safety of someone you love. However, not all nursing homes provide the level of care that residents deserve. Through our work at Lanzone Morgan, LLP, we have learned that families can play a critical role in ensuring their loved ones receive proper care. Here our attorneys offer practical advice for staying involved, asking the right questions, and protecting your loved one’s rights.
Document Concerns and Report Issues
Do not stay silent when you notice a problem. The most effective way to advocate for your loved one is to put your concerns in writing. Document what you observed with specific dates, times, and clear details. Send your letter directly to the administrator or Director of Nursing and keep a copy for your records. Written documentation shows you are paying attention and expect the facility to respond.
Be persistent. If your concerns are not addressed, continue filing formal grievances with the facility. These create a documented history that demonstrates a pattern of problems. If the nursing home does not respond appropriately, report issues to your state’s Department of Public Health (DPH) and the Long-Term Care Ombudsman. The Ombudsman can investigate complaints about care, treatment, and conditions. Reporting to both the facility and state authorities serves two purposes. First, you may help improve conditions for your loved one. Second, you create documented evidence that becomes critical if your loved one has suffered harm due to neglect or abuse.
“Be the squeaky wheel. Complain constantly, complain to management, fill out grievance forms, and report issues to the Department of Public Health and/or the ombudsman. You will either help improve conditions for your loved one, or you will create a record for the upcoming lawsuit.”
Be Present and Stay Involved in Your Loved One's Care
Visit your loved one as often as possible. Regular visits provide more than emotional support. Your presence creates safer environments, ensures accountability, and makes you the “eyes and ears” for your loved one. Notice changes in physical appearance, mood, behavior, bruises, weight loss, poor hygiene, and signs of infection.
It is critical to understand that when a facility fails to provide proper care, it is not your fault. The facility has a professional responsibility to provide safe and quality care. Many families blame themselves for their loved one’s suffering. This is understandable but wrong. You placed your trust in professional caregivers. When a facility violates that trust through inadequate care, responsibility lies with the facility, not with you. Do not bear guilt for the facility’s failures.
“The nursing home cannot limit your visiting hours of your loved one in the nursing home. In fact, you can visit your loved one at a nursing home anytime day or night. In fact, I encourage you to visit your loved one at a nursing home at many different hours of the day. If you come at the same time every day, the staff at the nursing home is going to know that they need to clean up your loved one because you’re on your way.”
Form or Join a Family Council
Federal law gives families powerful rights in nursing homes. One of the most important is your right to organize and participate in a Family Council. A Family Council is an organized group of relatives and friends who meet regularly to discuss and address concerns about quality of care. These councils meet in private, away from facility staff, and provide a unified voice for families advocating for better conditions.
If your loved one’s facility does not have a Family Council, you can start one. The facility must designate a staff member to liaison with the group and respond to written requests. Whatever affects residents’ lives is a proper concern: atmosphere, day-to-day care, respect for rights, and activity programs. When families speak with one voice, facilities are more likely to listen and make changes. Contact your local Long-Term Care Ombudsman for guidance on starting a council.
“Families with loved ones in nursing homes who want to be more involved can explore starting a Family Council at the facility. Families have a right to form and participate in a Family Council, a group of family members, friends, and resident representatives who meet privately at the nursing home, away from facility staff, at least once a month to discuss and formally submit their concerns and comments.”
Ask Questions About Your Loved One's Care Plan
Take an active role in understanding your loved one’s care. Ask staff to explain the care plan. Activities of daily living (ADLs) are care tasks such as bathing, grooming, dressing, toileting, and eating that nursing assistants record for each resident. Request access to these care records and ask why certain activities are not being provided.
Request access to the Medication Administration Record (MAR) for your loved one. The MAR is the document tracking every dose given and details like what medication, how much, what time, and who administered it. Review these records to ensure medications are being given as prescribed. Ask staff questions if you notice scheduled medications are being missed or if new medications are appearing that you have not discussed. Question staff about pain management, mental health support, and frequency of care. When staff knows a family member is paying close attention, they provide better care.
“Ask to see the MARs and ADL sheets for your loved one, then question staff about why certain care is not being provided.”
Don't Face Nursing Home Abuse or Neglect Alone
If you’ve taken any of the actions discussed, you have taken important steps to advocate for your loved one. Your documentation creates a powerful record. If your loved one suffered mistreatment or neglect, those failures belong to the facility, not to your family. Your loved one’s suffering stems from institutional negligence, not from anything you did or didn’t do.
At Lanzone Morgan, LLP, we have recovered more than 250 million dollars for nursing home abuse victims across California. We leverage the evidence you have gathered and take action through the legal system. If your loved one has been harmed due to neglect or abuse, don’t face the nursing home facility alone. We are here to help. Call us today at 888-887-9777 for a free consultation and start your journey to justice.