Table of Contents:
- How Much Time Does the Statute of Limitations Allow for Nursing Home Abuse Claims?
- Factors that Can Impact the Statute of Limitations
- Exceptions to the Statute Of Limitations for California Nursing Home Abuse Cases
- How To Help Your Loved One If You Suspect Elder Abuse
- Talk to Our California Elder Abuse Attorneys About Your Case Today
The elder abuse statute of limitations in California varies based on the circumstances. In some cases, the personal injury statute of limitations applies, and the deadline is two years. However, this deadline will vary if the abuse involves medical malpractice at a nursing home or other medical facility. Statutes of limitations are complex laws, and numerous factors can affect them in an elder abuse case.
The statute of limitations is generally inflexible, and getting it wrong can result in dismissal of the case, depriving the victim of the chance to obtain justice and compensation.
We have 75+ years of combined experience handling nursing home and elder abuse cases. We can answer your questions about deadlines and help you pursue justice. Call our dedicated California elder abuse attorneys today at (888) 887-9777 for a free case review.
How Much Time Does the Statute of Limitations Allow for Nursing Home Abuse Claims?
Nursing homes are licensed health care providers that must provide the prevailing professional standard of care. The medical malpractice statute of limitations applies if a resident suffers harm because the facility breached its duty of care. In such cases, the nursing home abuse statute of limitations is generally three years from the incident or one year from when the injury is or reasonably should have been discovered, whichever occurs first. In addition, a medical malpractice plaintiff must give the facility a notice of claim at least 90 days before filing a lawsuit.
Nursing home injuries stemming from the following may constitute medical malpractice:
- Failure to follow the care plan
- Failure to prevent bedsores
- Medication errors
- Inappropriate physical or chemical restraints
- Diagnostic errors
- Delayed treatment
- Malnutrition
- Dehydration
- Surgical errors
- Inadequate wound care
- Lack of supervision
Physical, verbal, sexual, and emotional abuse may fall under the two-year elder abuse statute of limitations, even if they occur in a nursing home. A nursing home abuse case may include elements of both elder abuse and medical malpractice. If your loved one has been abused in a nursing home, contact our experienced California nursing home abuse lawyers immediately.
Factors that Can Impact the Statute of Limitations
Every elder abuse case is unique, and a reputable attorney must consider the big picture and individual circumstances to determine what deadline applies to any particular case.
The Type of Facility
When someone experiences abuse or neglect in a health care facility, such as a nursing home or hospital, the medical malpractice statute of limitations often applies. However, if someone other than a licensed health care provider commits abuse, it may constitute an elder abuse case. Thus, the elder abuse statute of limitations applies. We have handled many cases involving both elements of medical malpractice and elder abuse. In such cases, the shorter deadline usually applies.
Elder abuse in assisted living facilities, adult day centers, and care homes is generally subject to the two-year personal injury statute of limitations. However, the location is only one consideration and does not automatically determine the deadline.
Who Is Responsible
If the responsible party is a licensed health care provider acting within the scope of their license, the medical malpractice statute of limitations typically applies. Licensed health care providers include doctors, nurses, pharmacists, therapists, skilled nursing facilities, and hospitals. The two-year statute of limitations generally applies if the perpetrator is an unlicensed caregiver, social worker, or other professional outside the medical field.
If a government agency is responsible for elder abuse, the victim must submit a claim with the agency before filing a lawsuit. The time limit to file the claim is six months. If the agency fails to respond within 45 days or rejects the claim, the victim has six months from the rejection to file a lawsuit. Government agencies may be responsible for elder abuse at public-owned facilities, including veterans’ homes, public hospitals, adult day programs, and social service agencies.
The statute of limitations is complex, and determining what deadline applies involves many factors. If you suspect your loved one has been abused or neglected in any type of long-term care facility, call our office immediately so we can determine the deadline and file your case on time.
The Nature of the Abuse or Neglect
The medical malpractice statute of limitations generally applies to cases involving substandard medical care by licensed health care providers. The two-year elder abuse statute of limitations governs most cases of verbal, physical, or sexual assault against facilities and individuals not licensed as health care providers. The statute of limitations can be as long as four years for cases of financial abuse, such as stolen property, identity theft, and inappropriate use of assets.
The Impact of Abuse or Neglect
The effects of elder abuse and neglect can take time to manifest. The clock on the statute of limitations may begin to run when the injury occurs or when it is discovered. If elder abuse results in death, the clock begins to run on the date of death.
Exceptions to the Statute Of Limitations for California Nursing Home Abuse Cases
The clock on the statute of limitations typically begins to run on the date of the incident or, in fatal cases, the date of death. The law provides limited exceptions when specific circumstances would otherwise prevent someone from filing on time. The following circumstances may raise exceptions that extend the deadline:
- The discovery rule: When the injury is discovered after the deadline, because it was not reasonably discoverable beforehand
- Legal incapacity: When the victim lacks legal capacity to file a claim
- Fraud or intentional concealment: When the facility engages in dishonest billing practices or other conduct to cover up abuse or neglect
Determining whether any of these exceptions applies is not always as straightforward as it seems. Never assume an exception applies without first speaking to a knowledgeable elder abuse attorney. A wrong assumption could cause a victim to miss the deadline and lose the opportunity to pursue justice.
It costs nothing to talk to our California elder abuse attorneys, and waiting is not worth the risk. We will weigh all relevant factors and determine what deadline applies to your case.
How To Help Your Loved One If You Suspect Elder Abuse
If you notice elder abuse warning signs or have a gut feeling that something is wrong, don’t delay taking action. Your loved one may be unable or afraid to report it, and you could be their only lifeline. You can report abuse to the following agencies, which are where we send our clients and their families:
- For suspected abuse in a nursing home: Contact the California Department of Aging’s Long-Term Care Ombudsman’s CRISIS Line to request an advocate and an investigation. Contact the Department of Public Health at (800) 554-0354 to file a complaint with the state.
- For suspected abuse in an assisted living or residential care facility: Email the Department of Social Services at letusno@dss.ca.gov.
- For suspected abuse in a hospital, boarding house, or private residence: Call Adult Protective Services at (833) 401-0832.
Your loved one deserves justice and compensation for abuse and neglect, and the statute of limitations may have already started to run. Contact our dedicated elder abuse attorneys as soon as possible. We can investigate the abuse, help you protect your loved one, and file an elder abuse lawsuit on their behalf.
Talk to Our California Elder Abuse Attorneys About Your Case Today
At Lanzone Morgan, LLP, our singular focus is protecting the rights and welfare of the elderly community, and we understand how devastating it is to learn your loved one has experienced maltreatment from caregivers who were supposed to keep them safe. Everyone in our office has empathy and compassion for elder abuse victims and their families, and we represent clients as if they were our own family. As one of the leading elder abuse law firms in the United States, we have recovered over $200 million in compensation.
You don’t have to go through this alone. Our dedicated attorneys provide compassionate legal support, emotional assistance, and a customized approach to clients across California. We will file your claim before the elder abuse statute of limitations in California expires, and we won’t rest until your loved one gets justice.
Call us today at (888) 887-9777 or contact us online for a free case review.
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.