California Nursing Home Abuse & Neglect Lawyer
Protecting Your Loved Ones from Nursing Home Abuse
Has your loved one been harmed or exploited in a nursing home? Our experienced California nursing home abuse and neglect lawyers are here to hold facilities accountable and secure the justice and compensation your family deserves.
Don’t let negligent caregivers or facilities escape responsibility — contact us today for a free consultation to protect your loved one’s rights.
What Is Nursing Home Abuse and Neglect?
Nursing home abuse and neglect occur when a facility or its staff fail to provide the standard of care required, resulting in harm to residents. Abuse involves intentional harm, while neglect stems from carelessness or failure to act. Common forms in California include:
Physical Abuse
Hitting, pushing, or improperly restraining residents, causing bruises, fractures, or other injuries.
Emotional Abuse
Verbal insults, humiliation, or isolation, leading to anxiety, depression, or withdrawal.
Neglect
Failing to provide adequate food, water, hygiene, or medical care, resulting in bedsores, malnutrition, or untreated conditions.
Financial Abuse
Stealing money, forging checks, or misusing a resident’s assets.
Sexual Abuse
Any non-consensual sexual contact or exploitation, a severe violation of trust.
Medication Errors
Administering incorrect drugs or dosages, causing health complications or overdoses.
Our attorneys investigate these cases thoroughly, using medical records, witness statements, and facility reports to prove abuse or neglect and seek justice.
California Laws Governing Nursing Home Abuse
California has robust laws to protect nursing home residents, combining elder abuse statutes with healthcare regulations. Key legal frameworks include:
Elder Abuse and Dependent Adult Civil Protection Act
Defines abuse and neglect of elders (65+) and dependent adults, allowing civil claims for physical, emotional, or financial harm. Enhanced remedies, like attorney’s fees and punitive damages, are available for egregious cases.
California Civil Code Section 1714
Imposes a duty of care on nursing homes to ensure resident safety and well-being.
Health and Safety Code Section 1275 et seq.
Regulates nursing homes, requiring proper staffing, training, and care standards. Violations strengthen abuse claims.
Medical Injury Compensation Reform Act (MICRA)
Caps non-economic damages at $350,000 for non-fatal injuries and $500,000 for wrongful death in 2025, unless elder abuse statutes apply, which may bypass MICRA caps.
Pure Comparative Negligence
Allows recovery even if the resident or family contributed to the harm, with damages reduced by their fault percentage.
Key Fact: California’s elder abuse laws provide powerful tools to hold facilities liable, but proving intent or recklessness often requires expert legal strategy.
Types of Compensation Available
Victims of nursing home abuse or neglect, or their families, may be entitled to compensation for:
Medical Expenses
Costs for treating injuries, infections, or conditions caused by abuse or neglect, including hospital stays and rehabilitation.
Pain and Suffering
Damages for physical pain, emotional distress, and loss of dignity, subject to MICRA caps unless elder abuse applies.
Relocation Costs
Expenses to move your loved one to a safer facility.
Loss of Companionship
For families who lose a loved one due to neglect or abuse, covering emotional and relational losses.
A hazardous condition existed on the property.
The owner knew or should have known about the hazard.
The owner failed to fix or warn about the hazard.
The hazard caused your injury, resulting in damages.
California’s pure comparative negligence rule allows you to recover damages even if you were partially at fault, though your compensation may be reduced by your percentage of fault.
If you’ve been injured in a premises liability accident, you may be entitled to:
Medical Expenses
Costs for treating injuries, infections, or conditions caused by abuse or neglect, including hospital stays and rehabilitation.
Pain and Suffering
Damages for physical pain, emotional distress, and loss of dignity, subject to MICRA caps unless elder abuse applies.
Relocation Costs
Expenses to move your loved one to a safer facility.
Loss of Companionship
For families who lose a loved one due to neglect or abuse, covering emotional and relational losses.
Punitive Damages
In cases of intentional or reckless misconduct, to punish the facility and deter future harm.
Attorney’s Fees
Recoverable under elder abuse laws, easing the financial burden of pursuing justice.
Our attorneys work with medical and financial experts to calculate all losses, ensuring your loved one’s suffering is fully addressed.
Nursing home abuse cases are complex due to:
Hidden Evidence
Abuse or neglect is often concealed by facilities, with incomplete or falsified records.
Resident Vulnerability
Many victims have cognitive impairments, like dementia, making it hard for them to report abuse or testify.
Corporate Defenses
Nursing homes, often backed by large corporations, employ aggressive legal teams to deny liability or blame the resident’s condition.
Proving Causation
Linking neglect or abuse to specific injuries requires medical expertise, especially when residents have pre-existing conditions.
Our attorneys overcome these hurdles by conducting meticulous investigations, obtaining facility records, and consulting geriatric specialists to prove abuse or neglect.
Ask a Question,
Describe Your Situation, Request a Free Consultation
"*" indicates required fields
We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.
Vehicle-Related Accidents
Premises & Liability Cases
Serious & Catastrophic Injuries
Legal Deadlines for Nursing Home Abuse Claims
California imposes strict deadlines for nursing home abuse claims. Under California Code of Civil Procedure Section 340.5, medical malpractice-related claims (e.g., neglect causing injury) have a statute of limitations of three years from the injury or one year from discovery, whichever comes first. For elder abuse claims under the Welfare and Institutions Code, the statute is generally two years from the date of injury. Claims against public facilities require a government claim within six months.
Steps to Take After Suspecting Nursing Home Abuse
If you suspect your loved one is being abused or neglected, take these steps:
Check on Your Loved One
Visit frequently, note signs like unexplained injuries, weight loss, or behavioral changes, and speak with staff.
Seek Medical Evaluation
Have a doctor assess your loved one’s health to document injuries or neglect-related conditions.
Report to Authorities
Contact Adult Protective Services (APS) or the California Department of Public Health to report suspected abuse.
Document Evidence
Take photos of injuries, unsanitary conditions, or other red flags, and keep a log of incidents.
Preserve Records
Collect medical records, care plans, and billing statements from the facility.
Contact an Attorney
Consult a nursing home abuse lawyer to evaluate your case and guide you through the legal process.
Why Choose Our California Nursing Home Abuse Lawyers?
Our law firm is dedicated to protecting vulnerable seniors and dependent adults, offering:
Specialized Expertise
We have successfully handled numerous nursing home abuse cases, securing justice against negligent facilities.
Thorough Investigations
We obtain facility records, staff logs, and expert testimony to uncover evidence of abuse or neglect.
Compassionate Advocacy
We treat your family with care, providing emotional support and clear communication throughout the case.
Aggressive Representation
We confront powerful nursing home corporations, negotiating or litigating for maximum compensation.
No Upfront Costs
Our contingency fee structure means you pay nothing unless we win.
Contact Our California Nursing Home Abuse Lawyers Today
Whether your loved one endured physical abuse, neglect, or financial exploitation, our California elder care attorneys will guide you through the legal process to secure compensation for medical costs, pain, and suffering.
Contact us today.