California Nursing Home Abuse Attorney

If you suspect a loved one is being harmed in a nursing home or assisted living facility, you are not alone - and you have options. Berman & Riedel, LLP is an elder abuse and nursing home neglect law firm based in San Diego County, representing nursing home residents and families across California. We have achieved multimillion-dollar settlements and verdicts for elderly residents and family members, and we are committed to helping you seek justice.

Call our law office today for a free consultation with a California nursing home abuse attorney ready to fight tirelessly on your behalf.

What Is Nursing Home Abuse Under California Law?

Under California law, nursing home abuse includes a wide range of harmful actions or failures to act that place older adults and vulnerable individuals at risk. The state's elder abuse laws are primarily found in California Welfare and Institutions Code § 15610.07, California Welfare and Institutions Code § 15610.57, and California Welfare and Institutions Code § 15610.63, along with the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). These laws help protect nursing home residents and provide legal remedies when abuse or neglect occurs.

For example, California Welfare and Institutions Code § 15610.57 defines neglect as the negligent failure of a caregiver or custodian to exercise the level of care that a reasonable person in a similar position would provide. This includes failing to assist with hygiene, nutrition, hydration, medical care, or protection from health and safety hazards. This is one of the most common forms of mistreatment seen by a California nursing home abuse attorney.

Although the terms are often used together, abuse and neglect have different legal meanings. Abuse generally involves intentional acts that cause injury or mental suffering, while neglect involves a failure to provide necessary care, resulting in physical harm or unnecessary risk. Both may give victims and their families the right to pursue compensation under California law.

These protections apply to several different types of long-term care settings, including:

• Skilled nursing facility: Licensed facilities that provide around-the-clock medical care, rehabilitation, and skilled nursing services
• Residential care facility for the elderly (RCFE): Residential communities that assist older adults with daily living activities but generally do not provide ongoing skilled medical care
• Assisted living facility: A broad term commonly used to describe facilities, including many RCFEs, that help residents with everyday tasks while encouraging as much independence as possible

California law also protects many individuals who qualify as a dependent adult, extending important legal rights beyond seniors alone through dependent adult civil protection laws.

Major Categories of Nursing Home Abuse

• Physical abuse: The intentional use of force that causes injury, pain, or unnecessary physical restraint
• Sexual abuse: Any non-consensual sexual contact or conduct involving a nursing home resident
• Emotional or psychological abuse: Verbal threats, intimidation, humiliation, isolation, or other behavior intended to cause emotional distress
• Financial abuse: The theft, misuse, or financial exploitation of a resident's money, property, or assets
• Neglect: A caregiver's failure to provide necessary food, water, hygiene, supervision, medical care, or other essential services required for a resident's well-being
• Abandonment: Deserting or leaving a resident without arranging appropriate care or supervision
• Isolation or deprivation of goods and services: Preventing residents from receiving visitors, communicating with loved ones, or accessing necessities such as medication, food, or medical treatment

If you believe a loved one has experienced any of these forms of mistreatment, speaking with a California nursing home abuse lawyer can help you understand your legal options. The experienced team at Berman & Riedel includes California nursing home abuse lawyers dedicated to holding negligent facilities accountable. Families seeking a nursing home abuse lawyer California can trust can rely on our experience investigating abuse, neglect, and violations of California elder protection laws.

Why You Need a Nursing Home Abuse Attorney California Can Trust

Facilities and their insurers move fast to control the narrative after an injury. An experienced abuse attorney levels the playing field by:

• Preserving surveillance footage, treatment records, staffing schedules, and incident reports before they disappear
• Interviewing witnesses and former staff
• Retaining geriatric medicine, wound care, pharmacy, and nursing experts to review your loved one's medical records, establish the standard of care, and prove causation
• Navigating California’s Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) and related regulations to maximize remedies

Berman & Riedel, LLP brings the resources and trial experience necessary to prove systemic neglect and to win.

Types of Nursing Home Abuse Cases We Handle

Berman & Riedel, LLP, handles all types of nursing home neglect and abuse cases in California. Below are some of the most common types of cases we accept.

Bedsores & Infections

Pressure injuries (bedsores) and infections such as urosepsis are classic signs of understaffing and poor care planning. We’ve handled cases where catheter care failures and rapid weight loss led to tragic outcomes.

Malnutrition & Dehydration

Unexplained weight loss, malnutrition, dehydration, and electrolyte imbalances often trace back to staffing levels and failure to follow care plans.

Medication Errors

Medication errors are common in skilled nursing facilities. Improper dosing, missed medications, polypharmacy, and failure to monitor high-risk drugs cause preventable harm in long-term care. These failures often stem from understaffing, poor training, and poor communication.

Falls & Other Injuries

Inadequate supervision, failure to follow care plans, and understaffing are often to blame for physical injuries in nursing home residents. These injuries may happen in preventable falls, during transfers by poorly trained staff, or even due to assault.

Wrongful Death

Unfortunately, abuse and neglect often result in the wrongful death of already vulnerable older adults. Families can pursue a wrongful death claim after the loss of a loved one due to a nursing facility's negligence.

Nursing Home Abuse Compensation

California nursing home abuse victims and families can seek compensation for economic and non-economic losses, including:

• Medical bills and future medical care needs
• Cost to transfer to a different facility
• Out-of-pocket expenses
• Pain and suffering, including loss of dignity, emotional distress, and reduced quality of life

In cases involving recklessness, fraud, malice, or oppression, enhanced remedies may be available, including attorneys' fees and punitive damages.

In wrongful death and survival actions, surviving family members and the decedent's estate may recover funeral and burial costs and sometimes other losses like the decedent's pre-death pain and suffering.

An experienced California nursing home abuse lawyer can help you understand the types of damages you may recover. Contact our law office today for a free case evaluation to discuss your case.

Warning Signs of Nursing Home Neglect Families Should Watch For

Recognizing the common warning signs of nursing home neglect can make a meaningful difference in your loved one's health and safety. Many cases begin with subtle changes that can become more serious if left unaddressed. If you notice any of the issues below, it may be time to speak with a nursing home abuse attorney to better understand your legal options.

Research also shows these concerns are more widespread than many families realize. According to the World Health Organization, approximately 2 in 3 nursing home staff working in institutional settings reported committing some form of elder abuse during the previous year. This statistic highlights why families should stay actively involved and pay close attention to changes in a loved one's condition.

Physical Signs in the Resident

Physical changes are often the earliest indicators that a resident is not receiving appropriate care.

• Noticeable weight loss without a medical explanation, which is often one of the first signs of neglect
• Bedsores or pressure ulcers that develop or worsen because a resident is not being repositioned properly
• Unexplained bruises, fractures, burns, or marks that may indicate improper restraints or physical abuse
• Signs of dehydration, including dry or papery skin, sunken eyes, confusion, or excessive thirst
• Poor hygiene, including Soiled clothing or bedding that is not changed regularly
• Untreated infections, worsening chronic illnesses, missed medications, or other medical conditions that should have been addressed
• Frequent falls that may suggest inadequate supervision or unsafe conditions

Behavioral Signs in the Resident

• Behavioral withdrawal, fearfulness, or agitation around certain caregivers
• New or worsening depression, anxiety, changes in sleep, or changes in appetite
• Reluctance to speak openly with family members, especially when staff is nearby
• Sudden distress or anxiety when family members leave after a visit
• Hesitation to discuss injuries or inconsistent explanations about what happened

Facility-Level Red Flags

• Chronic understaffing that is noticeable during visits because residents wait long periods for assistance
• High employee turnover, with unfamiliar caregivers present almost every visit
• Staff avoiding questions or refusing to provide written explanations about incidents or care
• Missing paperwork, incident reports, or care plans that staff cannot produce
• Dirty common areas, unpleasant odors, or generally unsanitary conditions
• Repeated delays responding to residents' call buttons or requests for help
• A pattern of state inspection deficiencies cited by the California Department of Public Health
• Frequent communication delays from staff when families request updates about a resident's health or care

If your loved one is showing any of these warning signs, do not assume they are simply part of aging. An experienced San Diego nursing home abuse attorney can investigate what happened, determine whether the harm suffered resulted from neglect or abuse, and help your family pursue compensation when appropriate.

Whether the facility is in Los Angeles or elsewhere in California, a nursing home neglect lawyer and experienced elder abuse attorneys can help protect your loved one's rights. Speaking with an abuse attorney as soon as possible can also help preserve important evidence before it is lost.

How to Report Nursing Home Abuse in California

If you suspect a loved one is being neglected or abused, do not wait to report abuse. Prompt reporting can help stop ongoing mistreatment, protect other residents, and preserve evidence for future civil lawsuits. If someone is in immediate danger, call 911 first.

1. Contact the California Department of Public Health for skilled nursing facility complaints. Call 1-800-231-4024 to report concerns involving licensed skilled nursing facilities, including failures to provide proper care, medication errors, or unsafe conditions.
2. Report assisted living or RCFE concerns to your local Long-Term Care Ombudsman. The Ombudsman investigates complaints involving assisted living communities and residential care facilities for the elderly. In San Diego, call (858) 560-2507.
3. Contact Adult Protective Services for community-based or non-licensed care concerns. San Diego County APS can be reached at (858) 495-5660, while the statewide APS line is 1-833-401-0832.
4. Call your local police or 911 if you believe a resident has been assaulted, is experiencing neglect that creates an emergency, or faces another criminal threat.
5. Report serious criminal abuse to the San Diego County District Attorney Elder Abuse Unit when appropriate. This office reviews cases for potential criminal prosecution alongside other investigating agencies.

California law also requires certain healthcare workers and caregivers to report suspected elder abuse under California Welfare and Institutions Code § 15630. In addition, California Welfare and Institutions Code § 15634 provides legal protections for individuals who make reports in good faith.

After notifying the appropriate authorities, speaking with a nursing home abuse attorney can help your family deserve answers about whether neglect involving personal hygiene, medical care, or emotional harm occurred. A San Diego nursing home neglect attorney can explain your rights, seek financial compensation when appropriate, and determine whether additional legal action is warranted. 

The experienced attorneys at Berman & Riedel are available to help, and an attorney can guide your family through every step of the process.

What to Do If You Suspect Nursing Home Abuse

If you believe a nursing home violated your loved one's rights, taking the right steps early can help protect their safety and preserve critical evidence.

1. Ensure immediate safety. If your loved one is in immediate danger, call 911 right away.
2. Document everything. Keep detailed documentation, including Photographs, dates, names, injuries, and conversations. Remember that California is a two-party consent state for audio recordings.
3. Request an independent medical evaluation. Have your loved one examined outside the facility to document injuries, neglect, or emotional abuse.
4. Preserve records. Obtain copies of medical records, care plans, and incident reports before they can be altered or misplaced.
5. File official complaints. Submit a CDPH complaint by calling 1-800-231-4024 and contact your local Long-Term Care Ombudsman. Notify Adult Protective Services if appropriate.
6. Speak with a lawyer before confronting the facility. A nursing home abuse attorney can help protect evidence and advise you before staff is alerted. This is especially important in serious elder abuse cases.
7. Consider relocating your loved one. If it can be done safely, moving them to another facility may prevent additional harm.

A nursing home abuse attorney can explain your legal options and offer a free case review to determine the best next steps.

How Our Nursing Home Abuse Attorneys Fight for Families

Federal and California law give nursing home residents the right to quality care, privacy, dignity, and to be free from neglect and abuse. When elderly nursing home residents are instead mistreated by the facilities entrusted to care for them and suffer serious injuries, a nursing home abuse attorney can help you take legal action to hold them responsible.

Here's how the nursing home neglect lawyers at Berman & Riedel, LLP, work to successfully secure compensation.

• Immediate investigation & evidence preservation. We secure charts, eMAR/MAR records, medication logs, care plans, MDS/assessments, fall risk assessments, and staffing and timekeeping data
• Regulatory mapping. We analyze violations of California Title 22 regulations, the Elder Abuse Act, and federal standards to establish negligence and the available remedies
• Case strategy. Our team collaborates with leading experts to explain complex medical issues to insurers and juries.
• Aggressive negotiations and trial-ready. We prepare every case as if it will be tried in court - often the best way to obtain full value in settlement.
• Resources to handle complex cases. Nursing home abuse cases often involve significant case expenses, including multiple expert witnesses. Complex cases may take years. We have the resources and network of experts to see your case through and take on corporate defendants.

Based in San Diego CA, Berman & Riedel, LLP, routinely handles nursing home abuse and neglect cases throughout California. We have achieved multimillion-dollar verdicts and settlements, including multiple seven-figure elder neglect recoveries and a $2.2 million settlement lauded as the largest reported against a California residential care facility at the time.

Our legal team is committed to holding negligent facilities accountable and helping victims seek justice. If a loved one has suffered abuse or neglect at their nursing center, call us today to discuss your case and what we can do to help you.

California Nursing Home Abuse FAQs

What Constitutes Nursing Home Abuse and Neglect?

Under California nursing home abuse laws, abuse and neglect may include physical abuse, nursing home neglect, emotional or psychological abuse, sexual abuse, and financial abuse. Neglect can involve failing to provide hygiene, nutrition, hydration, medical treatment, pressure sore prevention, supervision, or protection from unsafe conditions.

Where Do I File a Complaint Against a Skilled Nursing Facility in CA?

You can file a skilled nursing facility complaint with the California Department of Public Health (CDPH) through Cal Health Find, your local CDPH district office, or the CDPH complaint line. You may also contact the Long-Term Care Ombudsman. Assisted living and RCFE complaints go to California Community Care Licensing.

Who Can Sue for Elder Abuse in California?

The elder or dependent adult can sue for abuse or neglect. A legal representative may also file on their behalf. If the resident has died, the estate’s personal representative may bring a survival action, and eligible heirs, such as spouses or children, may file a wrongful death claim.

How Long Do I Have to File a Nursing Home Abuse Claim?

Deadlines depend on the claim. Most negligence and wrongful death cases have a two-year statute of limitations. Medical malpractice claims may have a one-year discovery deadline and a three-year outside limit. Financial elder abuse claims generally have a four-year deadline. Certain circumstances may pause or change these timelines.

How Do You Prove Nursing Home Negligence?

To prove nursing home negligence, attorneys gather medical records, care plans, hospital records, photos, videos, witness statements, facility records, staffing logs, medication logs, incident reports, inspection reports, and prior violations. This evidence helps show how the facility failed to meet care standards and caused the resident’s injuries.

Contact Our San Diego Nursing Home Abuse Lawyers for a Free Consultation

Pursuing legal action against a negligent facility allows your family to recover compensation for your loved one's future medical expenses. It also holds the facility accountable and helps prevent this kind of unthinkable abuse from happening to another vulnerable resident. Berman & Riedel, LLP, is here to guide you through the legal process and fight for your rights.

Our San Diego office represents families throughout California. Call us at (858) 350-8855 or fill out our online form to schedule your free consultation today with a California nursing home abuse attorney. There is no obligation and no out-of-pocket costs; we only get paid if we win your case.