Legal Rights of Nursing Home Residents in California: Protection from Abuse and Neglect
In California, elderly residents of nursing homes and assisted living facilities are protected by some of the strongest elder abuse laws in the country. These laws were designed to ensure that vulnerable seniors receive proper care, dignity, and respect. Unfortunately, nursing home abuse and neglect remain all too common throughout Southern California, including in San Diego, Riverside, Orange, Los Angeles, and San Bernardino counties. When facilities fail to meet their legal obligations, residents and their families have powerful rights to pursue justice.
At North County Injury Lawyers, we have been fighting for the rights of nursing home residents and their families for more than 20 years. We are recognized as one of the top elder abuse law firms in Southern California, and we’re proud to have recently been voted Best Personal Injury Law Firm in North County. If you suspect abuse or neglect of a loved one in a nursing home, our team is ready to help. All consultations are free, and we work on a contingency fee basis—meaning you don’t pay unless we win.
The Right to Be Free from Abuse and Neglect
California law guarantees that all nursing home residents have the right to live in a safe and healthy environment, free from abuse and neglect. These rights are codified in the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA)—a landmark law that provides legal remedies when nursing homes and residential care facilities violate their duty of care.
EADACPA defines both abuse and neglect broadly to include physical abuse, emotional abuse, sexual abuse, financial exploitation, abandonment, and the failure to provide for a resident’s basic needs such as food, water, hygiene, and medical care.
Common Examples of Abuse and Neglect in Nursing Homes
North County Injury Lawyers has handled a wide range of elder abuse cases involving nursing homes, assisted living facilities, and skilled nursing facilities. Some of the most common signs and types of abuse or neglect we encounter include:
- Pressure ulcers (bed sores): Often caused by a facility’s failure to reposition residents or follow a care plan.
- Falls resulting in fractures or head trauma: These may occur when staff fail to assist with mobility or ignore fall risk precautions.
- Malnutrition or dehydration: Inadequate staffing or neglect may result in residents not receiving proper food or water.
- Medication errors: Giving the wrong medication, skipping doses, or overmedicating can have life-threatening consequences.
- Physical or sexual assault by staff or other residents: Nursing homes are required to supervise and protect their residents.
- Emotional abuse and isolation: Yelling, threats, and ignoring a resident’s needs can be just as damaging as physical harm.
- Failure to respond to medical emergencies: Delayed intervention can lead to worsening health conditions or even death.
When these harms occur, the nursing home may be held liable under California law, and families may be entitled to compensation for their loved one’s pain, suffering, and losses.
California Now Allows Pre-Death Pain and Suffering Damages
Historically, California law prevented families from recovering damages for a loved one’s pain and suffering if the victim passed away before a case could be resolved. However, that changed in 2022, when California amended Code of Civil Procedure § 377.34 to allow damages for pre-death pain and suffering in certain actions, including elder abuse cases brought under EADACPA.
This means that if your loved one suffered neglect or abuse in a nursing home before passing away, their estate may now recover compensation for the suffering they endured—helping ensure justice even after death.
Why Choose North County Injury Lawyers?
With over two decades of experience and a track record of results, North County Injury Lawyers has earned a reputation as one of Southern California’s most trusted law firms for nursing home abuse and neglect cases. We are passionate about protecting seniors and holding negligent facilities accountable for the harm they cause.
✅ Over 20 years representing nursing home abuse victims across San Diego, Riverside, Orange, Los Angeles, and surrounding counties
✅ Voted Best Personal Injury Law Firm in North County San Diego
✅ No upfront costs—we only get paid if you win
✅ Compassionate, experienced attorneys who understand elder abuse law
Contact Us Today for a Free Consultation
If you believe that a loved one has been the victim of nursing home abuse or neglect, don’t wait. The sooner you act, the sooner we can begin protecting their rights and building your case.
📞 Call North County Injury Lawyers today for a free, confidential consultation. Let us fight for your family and hold the responsible parties accountable.