Lanzone Morgan, LLP partner James Morgan recently appeared as a featured guest on the Probate Notes podcast, hosted by Sam Price, to discuss nursing home abuse and elder neglect in California. In this episode, James walks families through how to evaluate a care facility, what rights nursing home residents hold, and what legal options are available when a loved one is harmed.
On Probate Notes, host Sam Price opened the episode by asking James Morgan to share his background and how he arrived at nursing home litigation. James explained that after clerking for a senior federal district court judge in Nebraska, trying cases in cities like Dallas, Chicago, Tampa, Little Rock, and Phoenix, he came to California, took the bar in 2000, and has been focused on nursing home litigation ever since.
James is a Founding Partner at Lanzone Morgan, LLP, based in Long Beach. He is licensed in California, Arizona, and Nevada. He has also served as president of the Nursing Home Litigation Group, a national organization of attorneys who hold care facilities accountable, and has spoken on the topic of elder abuse from New Jersey to Florida to Nevada.
How to Research and Rate a Nursing Home in California
One of the first topics Sam Price raised during the episode was where families can go to research a facility, check ratings, and file complaints. During the discussion, James points listeners to two specific websites that provide real, substantiated information on any facility, including complaint histories, staffing data, and star ratings you can compare against other homes in your area.
One of the sites is CANHR.org, run by the California Advocates for Nursing Home Reform, which covers resident rights that nursing homes are legally required to honor, including protections around admission paperwork that most families do not know exist. The other is Medicare.gov, where James says you can look up facilities nationwide using a five-star rating system. Both resources are free and a practical first step before or after placing a loved one in care.
The Special Focus Facility List: A Warning Sign You Should Not Ignore
Beyond the two websites, James raised one more resource during the podcast that most families have never heard of. “Sam, let me tell you one more thing that I would do if I had a loved one in a nursing home,” he said. “I would Google ‘special focus facility’.”
Searching “special focus facility” will pull up a federal government list identifying nursing homes at serious risk of losing Medicare funding due to persistent, serious care failures. James explains that a facility lands on this list when Medicare has determined the quality of care is so poor the home may lose its funding entirely. If your loved one’s facility appears on it, that is a warning sign that deserves your immediate attention.
What Is a Survival Action in a Nursing Home Case?
Sam then asked James to break down two legal terms families often hear but rarely understand before they need them: a wrongful death action and a survival action. James explained that a survival action is the victim’s own claim. It covers the physical pain and suffering the resident endured because of the abuse or neglect, and it does not disappear when that person passes away.
He uses a clear example to bring this to life. A nursing home resident develops a severe bedsore that becomes infected, and she dies of sepsis. “Grandma has a claim even though she’s deceased,” James explains. “She has a claim for her pain and suffering.” That claim belongs to the estate and can still be pursued, but it comes with strict filing deadlines that families need to be aware of early.
What Is a Wrongful Death Claim and Who Can File One?
James continued his explanation on the podcast by walking through how wrongful death claims work and how they differ from survival actions.
A wrongful death claim is not for the victim’s pain and suffering. It belongs to the heirs. It compensates the family for their loss: the loss of their loved one’s companionship, love, and presence in their lives. Under California Code of Civil Procedure Section 377.60, surviving family members including a spouse, domestic partner, and children may bring a wrongful death action.
James also made clear on the podcast that a wrongful death claim carries one additional requirement. You must prove that the neglect or abuse was a contributing factor in the resident’s death, not that they simply passed away while living in a facility.
Can You File Both Claims at the Same Time?
On the podcast, James made clear that these are two separate claims that often exist in the same case. The estate pursues the survival action for the resident’s pain and suffering. The heirs pursue the wrongful death claim for their personal loss. Both can be filed simultaneously in a single lawsuit.
Families who pursue both claims recover significantly more than those who pursue only one. Missing one of these claims can mean leaving substantial compensation unclaimed. Both are also subject to strict statutes of limitations, and missing those deadlines can permanently bar you from filing.
This is where having a skilled elder abuse law firm matters. At Lanzone Morgan, LLP, nursing home and elder abuse cases are all we handle. We know how to build both claims, connect the negligence to the outcome, and move with the urgency these deadlines require. With over 75 years of combined experience and a proven track record of holding nursing homes accountable, we are positioned to pursue the full scope of what your family is owed. Contact our firm to discuss your case at (888) 887-9777. We are advocates for elder rights with passion and precision, and we are ready to fight for your family.