Updated: Nov 12, 2025
Thousands of California families trust nursing homes to care for the people they love most. With more than 400,000 older adults living in long-term care facilities across the state, families expect these places to provide safety, comfort, and dignity for their loved ones.
Each year, more than 202,500 cases of elder abuse or neglect are reported in California — and experts believe as many as 96% of incidents go unreported. Behind those numbers are heartbreaking realities: untreated infections, preventable falls, unexplained weight loss, and even emotional or physical abuse from those entrusted to provide care.
Elder law in California empowers families to hold nursing homes liable when they fail to fulfill their duty to protect residents. But, when you’re reeling from fear, anger, or grief, it can be hard to know whether what happened is simply poor care — or something far more serious.
This guide explains the most common reasons to sue a nursing home, how the legal process works, and how taking action can help stop abuse and protect your loved one from further harm.
What Are the Most Common Reasons for Nursing Home Legal Claims In California?
If you suspect your loved one has been mistreated in a Los Angeles care facility, you should know what the law recognizes as abuse or neglect. The Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) outlines several actions that allow victims to file a nursing home abuse lawsuit in California.
Here is an overview of each violation and its legal basis:
| Type of Misconduct | What It Means Under the Law | Legal Basis (California Statutes) |
| 1. Physical Abuse | Any act that uses physical force, such as hitting, pushing, or using unnecessary restraints. Often results in bruises, broken bones, or visible injuries. | Welf. & Inst. Code §15610.63 |
| 2. Psychological or Emotional Abuse | Behavior that causes mental harm, such as yelling, threats, humiliation, or isolating them from others. | Welf. & Inst. Code §15610.53 |
| 3. Neglect | Ignoring a resident’s basic needs like food, water, hygiene, or medical care. Signs often include bedsores, weight loss, or dehydration. | Welf. & Inst. Code §15610.57 |
| 4. Sexual Abuse | Unwanted sexual contact or exposure, including touching or inappropriate behavior that violates a resident’s safety and dignity. | Welf. & Inst. Code §15610.63; Penal Code §243.4 |
| 5. Financial Exploitation | Using a resident’s money or property for personal gain, from stealing cash or valuables to pressuring them into signing documents. | Welf. & Inst. Code §15610.30 |
| 6. Abandonment or Isolation | Leaving a dependent adult without care or intentionally cutting them off from contact with others, causing harm or distress. | Welf. & Inst. Code §15610.05, §15610.43 |
| 7. General Negligence | Failures in supervision, staffing, or training that create unsafe conditions or lead to injuries, medication errors, or preventable accidents. | Welf. & Inst. Code §15610.57; Health & Safety Code §1430(b) |
| 6. Wrongful Death | When abuse or neglect leads to death, loved ones can file a lawsuit to recover damages and hold the facility accountable. | Code Civ. Proc. §377.60; Welf. & Inst. Code §15657.3(d |
These statutes establish the legal standard for abuse or neglect. But to file a successful elder neglect lawsuit, you need strong evidence that proves the violation occurred and how it harmed your loved one.
What Evidence Do You Need To Prove Negligence in a California Care Facility?
Suing a nursing home for neglect or abuse requires clear proof of what happened and how it harmed your loved one.
The following evidence can help build a solid case:
- Medical records. Request charts, prescriptions, and treatment notes that show injuries, missed medications, or poor care.
- Incident reports. Ask for any records of accidents, falls, or complaints as soon as possible.
- Photographs and videos. Take clear, dated pictures of injuries, bedsores, or unsafe conditions.
- Witness statements. Write down what other residents, visitors, or staff members report seeing or hearing.
- Communication logs. Save texts, emails, or notes from the facility that mention changes in care or explanations for injuries.
- Billing and financial records. Look for missing funds or unusual charges that could suggest exploitation.
- Inspection reports. Review state inspection findings for past citations or confirmed complaints.
- Personal notes. Keep a dated journal of what you notice about your loved one’s condition and daily care.
Gathering these details early helps preserve the truth before records are lost or altered. An experienced elder law attorney can also issue subpoenas to secure internal facility documents, staffing schedules, and surveillance footage that families can’t easily access on their own.
The Legal Process for Suing a Nursing Home
Once you’ve documented the signs of abuse, the next step is understanding how the legal process of suing a nursing home works.
What the process typically involves:
- Initial consultation. A qualified elder abuse attorney reviews your evidence, explains your rights, and determines whether you have grounds for a claim.
- Investigation. Your legal team gathers records, interviews witnesses, and consults experts to document what went wrong.
- Report to authorities. You may file a complaint with the California Department of Public Health (CDPH). Their investigation can help document the abuse and can lead to penalties or regulatory action against the facility.
- File the lawsuit. Once the investigation is complete, your attorney files a complaint in civil court outlining how the nursing home’s conduct led to injury or loss.
- Exchange evidence. Both sides share documents, witness statements, and other materials to prepare their cases.
- Pursue settlement. Many claims are resolved through negotiation or mediation before going to trial.
- Go to trial if necessary. If no settlement is reached, a judge or jury decides whether the facility is responsible and what compensation is owed.
Knowing when to sue a nursing home can be difficult. At Gharibian Law, our California elder abuse attorneys can review your situation, explain your options, and help you take the next step toward justice for your loved one.
The Benefits of Filing a Nursing Home Lawsuit
Filing a lawsuit against a nursing home is never an easy decision. It means revisiting painful memories and confronting a system that can feel cold or indifferent. Yet for many families, it’s the only way to make sure their loved one’s suffering is acknowledged — and that no one else has to endure the same neglect or abuse.
A lawsuit can help your family recover the financial and emotional losses caused by neglect or abuse, including:
- Medical bills and future care expenses
- Physical therapy and rehabilitation
- Relocation to a safer facility
- Counseling or emotional support services
- Compensation for pain, suffering, or loss of companionship
Just as importantly, it ensures the facility is held accountable for its failures. Taking legal action sheds light on what went wrong, creates a public record of the truth, and pressures management to rectify the unsafe practices that endanger residents.
Protect Your Loved One: Take Legal Action Today
Discovering that your loved one has been mistreated in a care facility is heartbreaking. Taking legal action can’t erase what happened, but it can bring accountability, closure, and lasting change to the system that failed them.
At Gharibian Law, we stand with California’s elderly and dependent adults. Our attorneys carefully investigate each case, uncovering the truth behind neglect or abuse and fighting to make sure those responsible are held responsible.
If you suspect your loved one has suffered harm in a nursing home or long-term care facility, contact our law firm for a free, confidential consultation. We listen with compassion, explain your legal options, and fight for the justice, safety, and dignity your loved one deserves.
FAQs
Families in Los Angeles County and throughout California most often bring claims for harm like physical abuse, neglect, emotional abuse, financial exploitation, and wrongful death in nursing homes.
Gather medical records, photographs, witness statements, and facility reports. These show how staff failed to provide proper care and how that neglect led to your loved one’s injuries or decline.
Yes. Statutes §15610.53 and §15657 under the EADACPA allow families to recover compensation for psychological harm caused by verbal or emotional mistreatment.
Damages for your loved one may include medical expenses, emotional distress, relocation costs, and punitive damages in severe cases.
Most lawsuits must be filed within two years of the date of the injury or the discovery of abuse. Act quickly to protect your loved one’s safety and preserve their legal rights.