Can I Sue a Nursing Home for Elder Abuse in California?

 Posted on September 25, 2025 in Personal Injury

Placing a loved one in a nursing home should mean they are cared for with safety and dignity. Sadly, abuse and neglect still happen in some facilities. When signs of harm appear, families in California can take legal action. The law allows you to pursue civil lawsuits and, in some cases, criminal charges. If your family member has suffered abuse, our experienced Glendale, CA nursing home abuse lawyers can help you build a personal injury case and hold the nursing home accountable.

How Do I Know if My Loved One Is Being Abused in a Nursing Home?

Abuse is not always easy to see. It may show up as sudden changes in behavior and physical appearance. There are also some mental and emotional signs. Some common warning signs of nursing home abuse include:

• Unexplained bruises, cuts, or broken bones

• Bedsores or other untreated medical conditions

• Sudden weight loss or dehydration

• Dirty clothing or unsafe living conditions

• Withdrawal, fearfulness, or changes in mood

• Staff refusing to leave you alone with your loved one

• Missing personal belongings or unusual bank account activity

California’s Elder Abuse and Dependent Adult Civil Protection Act defines abuse broadly. It includes physical harm, neglect, financial exploitation, and even abandonment. If you recognize any of these signs in your loved one, you need an experienced legal representative right away.

Who Can Sue in a Nursing Home Abuse Case in California?

In California, your abused loved one can file a lawsuit. However, if they cannot act on their own, a family member, legal guardian, or personal representative may do so on their behalf. If your loved one passed away because of the abuse, California Code of Civil Procedure § 377.30 allows a decedent’s heirs or representatives to file a lawsuit if the abuse leads to wrongful death.

Additionally, you have the right to sue the nursing home directly. Under California’s Health and Safety Code, nursing homes can be held accountable if they neglect proper care or disregard state rules that protect residents. Together, these statutes give families a clear path to take legal action.

How Do I Prove Nursing Home Abuse?

Winning a case requires strong evidence. Medical records, photographs, and witness statements can help show what happened. Staff schedules and facility reports may also reveal neglect, for example, if the nursing home does not provide enough workers to care for residents. Expert testimony from doctors or long-term care specialists can explain how the injuries or conditions match up with abuse or neglect.

The burden of proof is on the person bringing the lawsuit, but California law is designed to support elders and their families. Courts understand that nursing home residents are vulnerable, and they take claims of abuse seriously. By working with an attorney, you can gather the evidence needed to hold the facility accountable.

Schedule a Free Consultation With an LA County, CA Nursing Home Abuse Attorney

At Tahmazian Law Firm, P.C., our Glendale, CA nursing home abuse lawyers bring decades of combined experience to each case. Call us today at 818-242-8201 to schedule your free consultation. We know the physical, financial, and emotional devastation nursing home abuse cases can cause. Let us fight to protect your loved one’s right to proper care.