Questions Families Ask Us Most
We proudly represent clients throughout California. Elder abuse cases are investigated where they happened, and typically litigated in the courthouse and county where the facility operates. We have deep familiarity with the local systems throughout the state.
Negligence occurs when a facility or healthcare provider fails to use reasonable care and that failure causes a resident harm. A mistake or isolated lapse in care may support a negligence claim even if the conduct was not intentional or reckless. Elder abuse is a separate and more serious legal claim governed by California’s Elder Abuse and Dependent Adult Civil Protection Act. The Act covers several forms of abuse, including physical abuse, neglect, financial abuse, abandonment, isolation, and abduction. In nursing home and assisted living cases, an elder-abuse claim commonly involves “neglect”—the failure of a person or facility responsible for an elder’s care to provide necessities such as medical care, food, hydration, hygiene, shelter, or protection from health and safety hazards. Cal. Welf. & Inst. Code §§ 15610.07, 15610.57.To obtain the enhanced remedies available for elder-abuse neglect, the resident generally must prove by clear and convincing evidence that the facility’s conduct involved recklessness, oppression, fraud, or malice. Cal. Welf. & Inst. Code § 15657.
Under California's Elder Abuse and Dependent Adult Civil Protection Act, the law protects both elders (those 65 and older) and dependent adults between 18 and 64 years old who have physical or mental limitations that restrict their ability either to carry out normal activities or to protect their rights. A person who is admitted as an inpatient to a 24-hour health facility, like a nursing home, is automatically considered a dependent adult.
In California, nursing homes are called skilled nursing facilities (SNFs). They are licensed healthcare facilities that provide skilled nursing care, medical monitoring, rehabilitation, and other clinical services. SNFs care for residents whose medical needs require the ongoing availability of licensed nurses and other healthcare professionals. Because they provide medical services and function as healthcare providers, SNFs are subject to more extensive federal and state requirements governing staffing, assessments, care planning, physician services, nursing services, treatment, infection control, residents’ rights, and quality of care. In California, SNFs are licensed and regulated by the California Department of Public Health and may also be subject to federal Medicare and Medicaid requirements.
An RCFE, commonly called an assisted-living facility or board-and-care home, is not licensed as a healthcare facility. It is a residential setting that provides housing, meals, supervision, personal care, and assistance with activities such as bathing, dressing, mobility, and medication management. RCFEs are regulated by the California Department of Social Services under the RCFE Act and Title 22 community-care regulations. Although RCFEs must protect residents’ health and safety, their regulatory requirements reflect that they provide primarily nonmedical care and supervision rather than continuous skilled nursing services.
Abuse and neglect is not always obvious. Possible warning signs include:
Unexplained bruises, fractures, wounds, or other injuries;
Bedsores, dehydration, malnutrition, poor hygiene, or significant weight loss;
Repeated falls or injuries that were not promptly reported;
Missed medications or unexplained medication changes;
Delayed medical treatment or failure to respond to a change in condition;
A sudden decline in mobility, cognition, or emotional well-being;
Fearfulness, withdrawal, anxiety, or reluctance to speak in front of staff;
Conflicting explanations about how an injury occurred; or
Missing records, incomplete charting, or records that do not match what the family observed.
The presence of one warning sign does not necessarily prove abuse. However, multiple warning signs, inconsistent explanations, repeated failures, or a serious unexplained injury may justify further investigation.First, make sure your loved one is safe and receives any necessary medical treatment. Preserve photographs, messages, names of witnesses, hospital records, discharge paperwork, and any written communications with the facility. Ask the facility for a complete copy of the chart, including medication records, care plans, nursing notes, incident reports, and document these requests in writing.
Suspected abuse and neglect in a nursing home, assisted-living facility, or memory care facility may also be reported to the appropriate licensing agency or the California Long-Term Care Ombudsman. You can find your local Long-Term Care Ombudsman’s office here. Of course, if you believe your loved one is in immediate danger or suspect that a crime has been committed, you should contact law enforcement immediately and make a report to Adult Protective Services.
The deadline—called the statute of limitations—depends on the type of injury, the defendant, and the legal claims involved. Claims for physical abuse and neglect under the Elder Abuse Act have a two-year deadline, while a claim based on a healthcare provider’s professional negligence may need to be filed within one year. Certain circumstances—such as delayed discovery, concealment or the elder’s lack of legal capacity—may extend or pause the filing period. Moreover, claims against government-operated facilities may have much shorter notice deadlines.
When abuse or neglect is proven by clear and convincing evidence and the defendant acted with recklessness, oppression, fraud, or malice, the following damages may include:
Medical expenses and other financial losses;Compensation for pain, suffering, emotional distress, and loss of dignity;
Attorney’s fees and litigation costs; and
Punitive damages in cases involving especially wrongful conduct.
Like all civil lawsuits, most elder abuse cases settle before trial, for a number of reasons. Trials can be expensive, time-consuming, and uncertain for both sides. Settlement allows the parties to avoid the risk of an unpredictable verdict, reduce litigation costs, and reach a resolution sooner. Settlement can provide a faster and more predictable resolution, while avoiding the stress of depositions, expert testimony, and trial. Every client’s priorities are different. Some want to resolve the case as efficiently as possible, while others feel strongly about taking the case to trial and holding the facility publicly accountable. Our role is to understand what matters most to each client, explain the risks and benefits of every option, and pursue the course that is best for them.
A nursing home, assisted-living facility, or memory care facility should not reduce a resident’s care, retaliate against the resident, or attempt to discharge the resident simply because the resident or family raised concerns, filed a complaint, or pursued a legal claim. Nursing home residents have the right to voice grievances without discrimination or reprisal, and RCFE residents have similar protections under California’s resident-rights regulations.
Even so, families often worry that the relationship with the facility may become strained. We take that concern seriously and work with each client to evaluate the resident’s immediate safety, document any changes in treatment, and determine whether additional protections or a transfer should be considered.
Any sudden reduction in services, hostility from staff, unexplained discharge notice, restriction on family access, or other change after concerns are raised should be documented and addressed promptly. The resident’s safety and continuity of care remain the first priority.We charge on a contingency-fee basis. This means you do not pay attorney’s fees upfront. Our fee is paid as a percentage of the recovery we obtain for you, and the applicable percentage may depend on the types of claims brought and the circumstances of the case.
If you believe your loved one is in immediate danger or suspect that a crime has been committed, you should contact law enforcement immediately and make a report to Adult Protective Services. You may also file a complaint with the agency that licenses the facility. For healthcare providers such as skilled nursing facilities and hospitals, you can submit a complaint to the California Department of Public Health. For community care facilities such as RCFEs, you can submit a complaint to the Department of Social Services, Community Care Licensing Division.
You do not need to have every document before speaking with an attorney. Helpful materials may include:
Medical and facility records;
Care plans, assessments, medication records, and incident reports;
Hospital and emergency-room records;
Photographs or videos of injuries or living conditions;
Text messages, emails, and communications with facility staff;
Names of employees, residents, family members, or other witnesses;
Billing, insurance, and admission documents; and
Any complaints, inspection reports, or correspondence with licensing agencies.
The evidence generally must show that the facility or caregiver was responsible for the elder’s care, failed to provide necessary care or protection, and caused or contributed to the elder’s injury. California’s statutory definition of neglect includes failures to provide medical care, food, clothing, shelter, hygiene, or protection from health and safety hazards.
To recover the enhanced remedies available under California’s Elder Abuse Act, the plaintiff must also prove by clear and convincing evidence that the defendant acted with recklessness, oppression, fraud, or malice. This may be established through evidence of repeated care failures, ignored warnings, inadequate staffing, falsified or incomplete records, delayed treatment, or management decisions that placed residents at risk.
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Attorney General Bonta Secures $15 Million Medi-Cal Settlement
California Attorney General Rob Bonta announced securing a $15 million settlement with Sweetwater Care Resource, LLC and affiliates (Sweetwater), a licensed skilled nursing facility (SNF) chain that violated state staffing requirement laws.
