How Long Do You Have to Report Nursing Home Abuse in California?

A common question we get is, what is the statute of limitations in the state of California and how long do I have to bring a case? That answer to that question is very complex. And a lot of times people just say, well, just tell me, what is the statute of limitations? And the reason it’s complex is because the statute of limitations for negligence against a nursing home is different than the statute of limitations for elder abuse against a nursing home, and it’s different from the statute of limitations for negligence against an assisted living facility.

The statute of limitations is different for people who are incapacitated. So the statute of limitations might be told for somebody who’s mentally incapacitated and not able to bring a lawsuit. So it could be one year. It could be two years, or it could be indefinite if the person is incapacitated. Also, a statute of limitations might be told based on when you find out about the injury. So, somebody calls our office and says, well, tell me what the statute of limitations is. There’s at least five factors, maybe more, that I need to know in order to advise them on the statute of limitations. And sometimes the caller doesn’t even know that. Sometimes the caller doesn’t know when the bed sore first appeared.

They may not have known about a bed sore until it was a stage four. But it started six months ago as a stage one, and then it got to a stage two. And where along the lines does that statute of limitations start? Is it one year from when it became a stage one bed sore? Is it one year from when it became a stage two bed sore? These questions, I have to know the answer to. So it’s not a simple answer as to when the statute of limitations expires on a case. What I tell people is if it’s a hospital or a skilled nursing facility, I like to file the case within one year.

One year of the event, maybe a fall fracture, or one year when they found out about the injury. We still have two years for elder abuse against those facilities. But we have one year to file a negligence claim against a licensed healthcare provider. Now, it’s a little easier when we’re talking about assisted living facilities, residential care facilities for the elderly, because those statute of limitations are generally two years. But again, it depends on when the injury was discovered. And whether the victim has capacity or doesn’t have capacity. In short, the statute of limitations in the state of California is very complex, and what I express to every caller is that it’s important to file a case as soon as possible. We can fix a lot of problems. We cannot fix it if you miss the statute of limitations.