At Berman & Riedel, LLP, we are deeply committed to protecting the dignity and well-being of the San Diego Elderly. Our Elder Abuse Resources provides a personal, compassionate, and professional approach to identifying, preventing, and addressing elder abuse. With our expert legal team by your side, you have access to essential information, and advice ensure every senior is treated with the respect and care they deserve. Trust Berman & Riedel, LLP to be your reliable legal partner in creating a safer, more supportive environment for our elders.
Families trust nursing homes to provide safety, dignity, and skilled care. When a loved one is harmed in a nursing home, the pain and frustration can be overwhelming. Berman & Riedel, LLP helps families throughout California hold negligent facilities accountable and get answers. Our team has a long track record in elder abuse and neglect litigation, with significant verdicts and settlements in nursing home abuse cases.
Call our law office today to schedule a free consultation with a nursing home abuse lawyer in San Diego. We accept cases throughout California.
A California nursing home or skilled nursing facility (SNF) owes a duty to provide each resident the care and services necessary to attain or maintain the resident’s “highest practicable” physical, mental, and emotional well-being. The federal Nursing Home Reform Act of 1987 (NHRA) establishes a bill of rights for nursing home residents, including the right to dignity, privacy, and choice and freedom from neglect and abuse. This law also establishes certain standards of care and services that must be provided.
Facilities must deliver care in line with professional standards, the resident’s comprehensive, person-centered care plan, and the resident’s choices.
Long-term care facilities must also meet care standards under state law. California further regulates staffing and basic patient care obligations in skilled nursing facilities under Title 22 of the California Code of Regulations and the Health & Safety Code. California’s Title 22 regulations require written, measurable care plans and ongoing reassessments.
These are not optional “best practices." They’re mandated standards.
A nursing home's legal obligations include:
Assess & plan: Complete and follow an individualized, measurable, person-centered care plan for all nursing home patients
Prevent avoidable harm: Provide supervision and assistance to prevent injuries, ensure adequate nutrition and hydration, and meet daily living needs based on the resident's care plan
Staff adequately: Meet California’s minimum staffing of 3.5 direct care service hours per patient day, including at least 2.4 certified nurse assistant (CNA) hours, and an LPN/LVN or RN on duty 24 hours a day, 7 days a week.
Administer medications safely: Give medications only on a lawful order, as prescribed, by qualified nursing home staff members, with proper timing, documentation, and identification of the resident.
Provide basic personal care & assistance: Title 22 requires hands-on nursing and personal care assistance.
Nursing home negligence happens when a facility fails in its duty to a resident and causes harm. Residents subjected to substandard care or abuse in nursing homes may face serious injuries. Cases of nursing home abuse or neglect may also lead to the wrongful death of elderly victims.
When a skilled nursing or assisted living facility's negligence causes harm, victims and family members can hold them accountable through a personal injury lawsuit. Call Berman & Riedel, LLP, today for a free case review to discuss how we can help you.
What Counts as Abuse or Neglect in Nursing Homes?
California’s Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) defines neglect to include failures such as providing adequate food, clothing, shelter, medical care, or protection from health and safety hazards.
Elder neglect and abuse in nursing homes can take many forms:
Failure to provide adequate hygiene, assistance, clothing, and shelter
Failure to provide adequate medical care, food, and clothing
Failure to maintain safe premises and protect from safety and health hazards
Physical abuse
Sexual abuse
Psychological and emotional abuse
Financial abuse or exploitation
Isolation
Inadequate supervision, which can lead to falls, elopement, assault by other residents, and other harm
"Abuse" typically refers to intentional actions that cause harm. "Neglect" includes failures to provide adequate assistance, protection, or supervision or otherwise meet the resident's needs. Neglect may occur passively, and it's often related to staffing issues and systemic failures.
Common Types of Nursing Home Negligence Cases
California nursing home negligence comes in many forms. Below are some of the most common types of nursing home abuse and neglect cases we handle.
Bedsores & Untreated Infections
Pressure ulcers (bedsores) are largely avoidable with proper risk assessment, repositioning, nutrition, and wound care. Federal rules require nursing homes to prevent the formation of bedsores and to provide necessary treatment where present to promote healing and prevent infection and progression.
Bedsores are a common sign of nursing home negligence, especially when they advance to stage three or stage four. At these stages, they are considered "never events", which means they should never happen with adequate medical care. We see advanced bedsores in many cases of severe neglect of older adults.
As pressure ulcers worsen, they cause severe pain and tissue damage that can lead to necrosis, amputation, and life-threatening infection, like sepsis and osteomyelitis, or bone infection.
Malnutrition & Dehydration
Facilities must ensure residents receive adequate nutrition and hydration through care planning, monitoring intake, and consulting qualified dietary professionals when needed. Failures leading to dangerous weight loss, malnutrition, severe dehydration, or aspiration-related injuries can support a nursing home negligence claim.
Medication Errors
California’s Title 22 requires nursing homes to maintain a pharmaceutical service that includes timely access to necessary medications and proper storage and administration. Medication errors like wrong drug or wrong dose, missed medications, or poor monitoring of anticoagulants, insulin, and psychotropics can lead to falls, confusion, choking, internal bleeding, or death.
Falls & Preventable Injuries
Most falls are foreseeable and preventable with proper assessments, care plans, supervision, and environmental safeguards. Failures like ignoring care plan interventions, poor lighting, or failing to respond to call lights often lead to multiple falls, fractures, brain injuries, or death. Nursing home falls after documented risk factors strongly indicate neglect.
Staff Neglect or Understaffing
California requires at least 3.5 direct care service hours per resident per day, including a minimum of 2.4 CNA hours, with sufficient nursing staff to meet residents’ needs. Chronic understaffing is directly to blame for many cases of nursing home neglect, such as:
Missed turns (bedsores)
Delayed toileting assistance (UTIs)
Unanswered call lights (falls)
Poor memory care unit supervision (elopement of residents with Alzheimer's disease)
Poor training is a similar problem in facilities. Poorly trained staff may neglect patients when they are unable to provide the specific care they require. We have handled cases involving residents dropped by nursing home employees during attempted transfers. In one case, a resident died after medication was repeatedly administered incorrectly, leading to internal bleeding.
How Nursing Home Negligence Cases Are Handled in California
Family members who suspect abuse or neglect should report it immediately. Call 911 if your loved one is in immediate danger. You can report nursing home abuse to a local long-term care ombudsman (1-800-231-4024) who can also advocate for you and help you find a resolution. Complaints about licensed skilled nursing facilities can also be made directly to the California Department of Public Health (CDPH) through the online Cal Health Find portal.
After reporting the abuse or neglect, preserve evidence. Save photos, wound logs, medication packets, care plan summaries, discharge instructions, and communications. Consult with a nursing home negligence attorney who can help you explore your options to take legal action and hold the facility accountable. Your lawyer will investigate and collect additional evidence such as medical records, Minimum Data Set (MDS) assessments, staffing schedules, call light records, facility policies, and more.
Victims and families may seek compensation for nursing home negligence through a personal injury lawsuit. There are two broad types of nursing home negligence cases:
General negligence claims in which the nursing home failed to provide basic safety, care, supervision, and staffing. These claims typically involve failures of the facility and/or staff who are not medical professionals.
Medical or professional negligence claims involving medical errors and substandard care by health care providers.
California law also allows residents to pursue legal action for violations of the Patients' Bill of Rights or other rights granted by federal or state law. The defendant facility can be held liable for penalties of up to $500, attorneys' fees and costs, and injunctive relief to stop the violation.
The state's Elder Abuse Act allows for enhanced remedies for elder abuse and neglect, including attorneys' fees, with clear, convincing evidence of fraud, malice, oppression, or recklessness.
Why Work With an Experienced Nursing Home Negligence Attorney
Elder abuse and nursing home negligence cases are complex, involving complicated and overlapping areas of federal and state law. If you believe someone you love has been mistreated in a skilled nursing facility, it's crucial to work with an experienced attorney to make sure the facility is held accountable.
Here's why you should choose Berman & Riedel, LLP, to help you pursue legal action.
Focused nursing home negligence experience. Proving nursing home neglect involves facility policies, staffing records, EMR/chart audits, Title 22 compliance, and state survey data - work that differs from general personal injury litigation. Berman & Riedel, LLP is widely recognized for nursing home abuse and neglect litigation, bringing the depth of experience needed to expose systemic failures.
Track record that builds leverage. Berman & Riedel, LLP has obtained multimillion-dollar results in nursing home neglect and wrongful death cases, illustrating our ability to hold facilities accountable. Past results never guarantee future outcomes, but they do reflect experience with complex elder cases.
Resources to match corporate defendants. We work with top medical experts, wound care specialists, life care planners, geriatric specialists, and economists to clearly prove systemic failures, causation, and damages, and seek maximum compensation for your family.
Accessible statewide. We represent families across California. Consultations are free, and we advance case costs. You pay no attorneys' fees unless we recover compensation for you.
Compassionate, family-first approach. We know these cases are about dignity and safety - not just dollars. Our priority is protecting your loved one, making sure your voice is heard, and preventing this type of harm from happening to others.
California Nursing Home Negligence FAQs
What Is the Difference Between Nursing Home Abuse and Neglect?
Abuse often involves intentional acts like physical assault, financial exploitation, verbal abuse, or unreasonable restraint. Neglect is the failure to provide necessary care, like hygiene, nutrition, medical attention, or fall prevention.
Note that the signs of abuse may be harder to recognize in dementia patients. If something feels wrong, trust your instincts and document what you see.
What Is The Deadline To File A Nursing Home Neglect Lawsuit?
Injured residents or family members have two years from the date of injury to file a lawsuit based on negligence. This deadline also applies to wrongful death lawsuits. In a case involving medical malpractice, the deadline is one year from the date the injury was discovered, but no more than three years after the date the injury occurred. There are limited exceptions. You may have more time to bring your case if the victim was mentally incapacitated and unable to discover or report the abuse.
These timelines can be complex. Consult an experienced attorney for a free case review to determine the deadline that applies to your case.
Contact Berman & Riedel, LLP for a Free Consultation
If you suspect a loved one has suffered neglect or abuse in a nursing home, Berman & Riedel, LLP, is here to advocate for you. We combine compassionate counsel with rigorous investigation and trial-ready strategy to pursue accountability and justice. Our San Diego law office represents clients across California in nursing home abuse and neglect cases with a proven track record.
Call us today to schedule a free consultation with a California nursing home negligence attorney. There are no fees unless we win.
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Families across California share their experiences of how Berman & Riedel, LLP, fought for justice in cases of elder neglect, nursing home abuse, and personal injury.
Elder Neglect by Healthcare Corporation
Jean’s mother was a victim of neglect while at a skilled nursing facility, resulting in surgery that she did not survive. Berman was there to listen and provide the support that the client needed.
Wrongful Death at a California Nursing Home
Michele’s mother suffered a wrongful death at a California nursing home. William M. Berman and the attorneys at Berman & Riedel, LLP, helped litigate the case with successful results.
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Ira’s wife suffered a traumatic brain injury due to negligence at a skilled nursing facility, and our team of attorneys worked hard to ensure that Ira’s wife and his family received the compensation that they rightfully deserved.
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Ginny suffered a family loss, and Berman lawyers handled her legal needs with compassion and reassurance, allowing her to feel safe and at ease through the entire process.
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FAQ
Frequently Asked Questions
Below are answers to common questions people have about working with a lawyer. During your initial consultation, we will be happy to answer questions that are particular to your case.
How Much Does It Cost to Hire an Elder Abuse Attorney?
The attorneys at Berman & Riedel, LLP, accept elder and nursing home cases on a contingency-fee basis. This type of agreement means you do not pay any attorneys’ fees out-of-pocket for legal representation. Attorneys’ fees are also contingent on the outcome of your case.
You benefit from legal representation in exchange for an agreed-upon percentage of a settlement or jury award. We will only recover a fee if you recover compensation.
What Should I Do if I Suspect a Loved One is the Victim of Elder Abuse?
The first step is to report the abuse to the appropriate authorities. Call 911 if the situation is life-threatening. Otherwise, it can be reported to the police and appropriate agencies. For abuse in the community or a hospital, call Adult Protective Services at 1-833-401-0832. For abuse in a nursing home or long-term care facility, contact your local long-term care ombudsman or call 1-888-452-8609.
The next step is contacting a California elder neglect lawyer to help you safeguard your loved one’s rights, investigate the abuse, and hold the facility accountable.
Can You Tell Me How Much My Case Is Worth?
There is no way to determine the exact value of an elder abuse or personal injury case, especially early in your case. However, an experienced attorney can give you an estimated range based on their experience with similar cases.
There are many factors that may influence the value of your case, such as:
Your total financial or economic damages
The severity of your injuries
The impact of your injuries on your daily life
The strength of your case
Whether you share fault for your accident
Insurance policy limits
Some damages are easy to calculate, such as lost wages and medical bills. Calculating the value of diminished earnings for the rest of your life or future medical needs, however, may require the help of experts. Non-economic damages like pain and suffering have no intrinsic financial value. These damages are challenging to calculate.
If your case goes before a jury, you may potentially be able to recover more than you could through a settlement. However, this introduces a new element of risk: the jury. The circumstances of your accident and even how sympathetic you or the defendant are can influence the outcome.
During your consultation and throughout your case, we will help you understand how these factors influence your case. We will also work tirelessly to document the value of all your damages and pursue maximum compensation on your behalf.
Will My Case Go to Trial?
The vast majority of cases are resolved by reaching a settlement agreement outside of court. Very few personal injury cases actually go to trial, but it is more likely if the facts in your case are in dispute, a legal issue is being contested, or you have a high-value case.
An experienced lawyer will build your case as if it will go to trial from the beginning. The stronger your case and evidence, the more likely a fair settlement will be reached.
How Do I Know If I Need a Personal Injury Lawyer?
The more serious your injuries or the more complex your case, the more important it becomes to seek experienced legal counsel.
Legal representation is vital if your case involves a complex area of law, such as elder abuse or neglect, premises liability, commercial vehicle accidents, medical malpractice, or serious work-related accidents. Determining liability, navigating decades of legal precedence, and interpreting specific statutes in these cases is best done with years of relevant legal experience.
Remember that the insurance company is not on your side, even if the insurance adjuster seems sympathetic and you receive a settlement offer. If you are being blamed for an accident or sustained serious injury, a lawyer will help you protect your rights and build the strongest case possible. This includes calculating the full value of your current and future losses.
Do You Accept Cases Outside of San Diego?
While our law office is located in San Diego, Berman & Riedel, LLP, accepts cases throughout the state of California.
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The information on this website is for general information purposes only and does not create an attorney-client relationship. No information on this site should be taken as legal advice for any individual case or situation. Berman & Riedel, LLP at (858) 997-0678 if you would like to discuss your legal matter with a member of the firm.
