Suing a Negligent Nursing Home in California

Overview: When a Nursing Home’s Negligence Becomes a Lawsuit

Families trust California nursing homes to provide safe, attentive care to vulnerable residents. When that trust is broken through neglect or abuse, the consequences can be severe: preventable injuries, rapid health decline, or even wrongful death.

California law allows injured residents and their families to pursue civil claims against negligent facilities, staff, management companies, and sometimes outside medical providers. These cases may be brought under several overlapping legal theories, including:

• Ordinary negligence
• Professional negligence (medical malpractice)
• Elder or dependent adult abuse and neglect
• Wrongful death (when the neglect contributes to a resident’s death)

This article explains how these claims work in California, what you generally need to prove, common warning signs, and steps to take if you suspect a nursing home’s negligence harmed someone you love.

What Counts as Negligence in a California Nursing Home?

Negligence is the failure to use reasonable care under the circumstances. In the nursing home context, that means not acting as a reasonably careful facility or caregiver would under similar conditions.

Examples that may support a negligence claim include:

• Falls and lack of supervision
  • Not using bed or chair alarms when indicated
  • Ignoring a known fall risk or failing to follow a fall-prevention plan
  • Leaving residents unattended in unsafe situations
• Pressure sores (bedsores)
  • Not turning or repositioning residents with limited mobility
  • Failing to keep skin clean and dry
  • Ignoring early signs of skin breakdown
• Medication errors
  • Giving the wrong drug, dose, or route
  • Missing doses of critical medications
  • Failing to monitor for side effects or interactions
• Dehydration and malnutrition
  • Not assisting residents who need help eating or drinking
  • Failing to track weight loss or poor intake
  • Ignoring swallowing problems or choking risks
• Infections and poor hygiene
  • Not following infection-control procedures
  • Delaying response to signs of infection (such as fever, confusion, or changes in condition)
  • Allowing unsanitary living conditions, soiled bedding, or unclean bathrooms
• Emotional or social neglect
  • Ignoring call lights or repeated requests for help
  • Leaving residents isolated or unengaged for long periods
  • Allowing verbal or psychological abuse by staff or other residents

Not every bad outcome is legally actionable, but when a facility’s conduct falls below applicable standards and causes harm, there may be grounds for a claim.

California Laws Protecting Nursing Home Residents

Several California laws work together to protect nursing home residents and provide civil remedies when those protections are violated.

Elder and Dependent Adult Civil Protection Act (EADACPA)

California’s Elder and Dependent Adult Civil Protection Act, found in the Welfare and Institutions Code, allows civil actions for physical abuse, neglect, and financial abuse of elders and dependent adults. When a defendant’s neglect or abuse is proven by clear and convincing evidence to be reckless, oppressive, fraudulent, or malicious, the statute may allow enhanced remedies, such as certain attorney’s fees and recovery of damages that might otherwise be limited in a standard negligence claim.

Elder and dependent adult neglect

Under California law, “neglect” of an elder or dependent adult includes the failure of a person having care or custody of the individual to exercise the degree of care that a reasonable person in a like position would exercise. This can include failing to assist with personal hygiene, to provide food, clothing, or shelter, or to protect the person from health and safety hazards. See, for example, the statutory definition of neglect in Welfare and Institutions Code section 15610.57.

Nursing home licensing and regulations

Skilled nursing facilities in California are subject to state licensing requirements and detailed health and safety regulations that govern staffing, training, recordkeeping, resident assessments, care planning, and medication management, among other topics. These provisions appear in the California Health and Safety Code provisions governing skilled nursing facilities. Violations of applicable standards may be used as evidence of negligence in a civil lawsuit, depending on the facts.

Residents’ rights

California law recognizes specific rights for residents of long-term care facilities, including rights related to dignity, privacy, appropriate medical care, and freedom from abuse. Many of these protections are contained in the Long-Term Care Patients’ Bill of Rights in the Health and Safety Code. Interference with these rights can lead to regulatory action and, in some situations, may support civil claims.

Negligence vs. Elder Abuse vs. Medical Malpractice

Nursing home cases in California often involve overlapping legal theories. Distinguishing among them matters because they have different proof requirements and potential remedies.

Ordinary negligence

• Focuses on whether the facility or staff failed to act with reasonable care.
• Examples include not cleaning spills, ignoring a call light for an unreasonable time, or failing to follow basic safety procedures.

Professional negligence (medical malpractice)

• Involves the failure of licensed medical professionals or institutions to meet the applicable professional standard of care.
• Examples include improper medication management by a nurse or physician, delayed diagnosis, or negligent wound care.
• These claims often require expert testimony to explain what the standard of care required and how it was breached.

Elder or dependent adult abuse/neglect (civil)

• Requires more than simple negligence under EADACPA.
• Plaintiffs generally must show by clear and convincing evidence that the defendant acted with recklessness, oppression, fraud, or malice in committing neglect or abuse.
• If proven, this can open the door to additional remedies, including certain attorney’s fees and, in some circumstances, recovery that might otherwise be limited by other laws.

The same set of facts can support claims under more than one theory. A case-specific legal analysis is needed to decide which causes of action to pursue and how best to frame the case.

Warning Signs of Nursing Home Negligence

Because residents are often unable or afraid to speak up, families are frequently the first line of defense. Warning signs that may justify closer investigation include:

• Unexplained bruises, cuts, or fractures
• Frequent or repeated falls
• Pressure sores, especially those that worsen or do not heal
• Sudden weight loss, dry mouth, or signs of dehydration
• Frequent infections or hospital transfers
• Soiled clothing or bedding, body odor, or poor hygiene
• Medication changes without a clear explanation
• Sudden changes in mood, withdrawal, or fearfulness around staff
• Staff who seem rushed, unavailable, or defensive when questioned
• Difficulty getting clear answers about incidents or medical changes

Any single sign may have an innocent explanation, but patterns, secrecy, or dismissive responses to your concerns are red flags that should not be ignored.

What You Must Prove in a California Nursing Home Negligence Case

While every case is different, most California nursing home negligence lawsuits involve proving the following elements:

1. Duty of care
   The facility and its staff owed the resident a duty to provide care consistent with reasonable standards and applicable regulations. Nursing homes generally owe such a duty to their residents by virtue of the care relationship.
2. Breach of duty
   The facility or staff failed to meet those standards—for example, by understaffing, ignoring care plans, failing to respond to changes in condition, or violating safety rules.
3. Causation
   The breach of duty must be a substantial factor in causing the resident’s injury, worsening condition, or death. It is not enough to show poor care; you must connect that poor care to specific harm.
4. Damages
   The resident or their family suffered legally recognizable harm, such as physical injury, pain and suffering, increased medical costs, or loss of companionship.

In many cases, expert witnesses—such as nurses, physicians, or nursing home administrators—are needed to explain what the facility should have done and how its failures caused the injuries.

Common Defenses Nursing Homes Raise

Facilities and their insurers often dispute allegations of wrongdoing. In California, common defenses include:

• Blaming the resident’s underlying health: Arguing that the injury or death was inevitable because of preexisting conditions or advanced age.
• Claiming compliance with regulations: Asserting that staff followed applicable policies and regulatory requirements.
• Disputing causation: Arguing that even if mistakes occurred, they did not actually cause the harm.
• Pointing to family decisions: Claiming that the family refused certain treatments or insisted on discharge against medical advice.
• Relying on arbitration agreements: Admission packets often include arbitration clauses that attempt to require disputes to be resolved outside of court.

A careful review of medical records, staffing schedules, internal incident reports, and regulatory surveys is often needed to evaluate these defenses.

Evidence That Can Strengthen Your Case

Early preservation of evidence is important. Helpful information in California nursing home cases often includes:

• Medical records: Hospital and facility charts, medication administration records, care plans, wound logs, and progress notes.
• Facility documents: Policies and procedures, incident reports, fall logs, staffing schedules, and training records.
• State inspection and complaint records: Prior citations, deficiencies, and complaint investigation findings that may show patterns of problems.
• Photographs and video: Images of injuries, living conditions, equipment, and the resident’s appearance over time.
• Witness statements: Testimony from family, visitors, other residents, and staff about what they observed.
• Expert opinions: Nurses, physicians, and long-term care experts who can explain how the facility’s conduct deviated from accepted standards.

If you suspect negligence, it is prudent not to delay in requesting records, documenting conditions, and speaking with counsel. Over time, evidence can become harder to obtain.

Potential Compensation in a California Nursing Home Negligence Lawsuit

The type and amount of compensation available will depend on the facts, the legal theories pursued, and who is bringing the claim (the resident, a legal representative, or surviving family members). Potential categories may include:

• Medical expenses: Costs of hospitalization, surgeries, rehabilitation, medications, and additional care made necessary by the negligence.
• Pain and suffering: Physical pain, emotional distress, loss of enjoyment of life, and diminished dignity experienced by the resident, to the extent allowed by California law.
• Loss of consortium or companionship: Certain claims by close family members for loss of their relationship with the injured or deceased resident, when permitted by statute.
• Wrongful death damages: When negligence contributes to a resident’s death, surviving family may pursue separate wrongful death claims, subject to California’s specific rules.
• Enhanced statutory remedies: In cases that meet the requirements for elder or dependent adult abuse under EADACPA, additional remedies may be available, such as certain attorney’s fees and, in some circumstances, recovery that might otherwise be restricted.

California law imposes various limitations and procedural requirements on damage claims, especially when medical malpractice theories are involved. A California attorney can analyze how these rules apply to the specific facts of your case.

Time Limits for Suing a Nursing Home in California

California has legal deadlines (statutes of limitation and related rules) for filing lawsuits, including nursing home negligence, elder abuse, medical malpractice, and wrongful death claims. These deadlines can vary based on factors such as:

• Whether the claim is framed as ordinary negligence, medical malpractice, elder abuse, or wrongful death
• When you discovered, or reasonably should have discovered, the injury and its possible connection to negligence
• Whether the defendant is a private facility, a public entity, or a healthcare provider with special notice requirements
• Whether the injured resident has diminished capacity or a legal representative

Because the applicable deadline can be short and depends on the specific facts and legal theories involved, it is important to speak with a California attorney promptly if you suspect negligence. Waiting too long can permanently bar a claim, regardless of its merits.

Practical Steps if You Suspect Nursing Home Negligence

If you believe a California nursing home is neglecting or abusing your loved one, consider the following actions:

1. Ensure immediate safety
   If the resident is in immediate danger, call emergency services. You can also request transfer to a hospital or another facility when medically appropriate.
2. Document what you see
   Take dated photographs, keep a written log of conversations and observations, and save any relevant documents or messages.
3. Ask questions in writing
   Request explanations from staff and supervisors about injuries, medication changes, or declines in condition. Written requests and responses can become important evidence.
4. Request records
   You may be entitled to copies of medical and facility records, especially if you hold a power of attorney, healthcare directive, or other legal authority. Obtaining records early can help preserve critical information.
5. Report concerns to regulators and ombudsman programs
   California has agencies and advocates who investigate complaints against long-term care facilities. Filing a complaint can help protect your loved one and potentially others.
6. Consult a California attorney experienced in nursing home cases
   A lawyer can evaluate potential claims, advise on preserving evidence, navigate regulatory and reporting issues, and guide you on next steps, including whether to pursue settlement negotiations or file suit.

You do not need to be certain that negligence occurred before seeking legal advice. An early consultation can help you understand your options and avoid missed deadlines.

Frequently Asked Questions

Do I have to wait for a state investigation to finish before talking to a lawyer?

No. You can consult a California attorney at any time. In many cases it is helpful to speak with counsel before or while regulatory investigations are ongoing so evidence can be preserved and deadlines are not missed.

What if my loved one has dementia and cannot explain what happened?

Many nursing home cases involve residents with cognitive impairment. Courts often rely on medical records, expert opinions, witness statements, and physical evidence rather than the resident’s direct testimony alone.

Can a family member bring a claim on behalf of a resident?

In California, a properly authorized representative—such as someone with a valid power of attorney, a court-appointed conservator, or the personal representative of an estate—may be able to pursue claims on the resident’s behalf, depending on the circumstances.

What if we signed an arbitration agreement in the admission packet?

Arbitration clauses are common in nursing home paperwork, but their enforceability depends on the specific language and circumstances. A California attorney can review any agreements and explain your options.

How a California Nursing Home Negligence Attorney Can Help

Nursing home cases are often document-intensive, expert-driven, and strongly defended by facilities and their insurers. An experienced California attorney can:

• Investigate the facility’s history, staffing, and regulatory record
• Obtain and analyze medical and facility records
• Retain qualified medical and long-term care experts
• Identify all potentially responsible parties, including parent companies and management firms
• Evaluate which legal theories—negligence, medical malpractice, elder abuse, wrongful death—are appropriate
• Calculate damages and assess the impact of California’s various limitations and procedural rules
• Negotiate with insurers and facility counsel and, when necessary, present the case to a judge or jury

If you believe a California nursing home’s negligence harmed your loved one, you can contact our firm to discuss your situation and possible next steps.

Disclaimer: This blog post is for general informational purposes only and does not constitute legal advice or create an attorney–client relationship. Laws and regulations change, and how they apply to your situation may vary. You should consult a qualified California attorney about your specific circumstances before taking any legal action.