California’s aging population is growing rapidly, and with it, the number of residents in long-term care facilities. As of 2025, over 110,000 individuals reside in approximately 1,300 licensed nursing homes across the state. While many facilities provide compassionate and professional care, a troubling number of residents suffer abuse, neglect, or exploitation. For families, the discovery of such mistreatment can be devastating—but California law offers a range of protections and legal remedies to help them respond.
This article outlines the rights families have when a loved one suffers abuse in a California nursing home, including how to recognize abuse, report it, and pursue justice through regulatory and legal channels.
Understanding Nursing Home Abuse
Nursing home abuse encompasses a wide spectrum of harmful behaviors, including:
- Physical abuse: Hitting, slapping, pushing, or improper use of restraints
- Emotional abuse: Verbal threats, humiliation, isolation, or intimidation
- Neglect: Failure to provide adequate food, hygiene, medical care, or supervision
- Sexual abuse: Non-consensual sexual contact or exploitation
- Financial abuse: Theft, fraud, or coercion involving a resident’s assets
According to Adult Protective Services, California receives over 15,000 reports of elder or dependent adult abuse each month—amounting to more than 202,000 cases annually. Yet experts estimate that for every known case, 24 go unreported. Among complaints filed to California’s Long-Term Care Ombudsman program, approximately 13% involve abuse or neglect in nursing homes.
Legal Rights of Residents and Families
California law provides strong protections for nursing home residents under the Elder Abuse and Dependent Adult Civil Protection Act (Welfare and Institutions Code § 15600 et seq.). These rights extend to family members acting on behalf of residents and include:
1. Right to Dignity and Safety
Residents have the right to live in a safe, clean, and respectful environment. Facilities must protect residents from all forms of abuse and neglect. Violations of this right may constitute grounds for regulatory penalties or civil litigation.
2. Right to Be Informed
Families have the right to receive timely updates about their loved one’s health, treatment plans, and any incidents affecting their care. Facilities must provide access to medical records and care documentation upon request.
3. Right to File Complaints
Families may file complaints with:
- The facility administrator
- The California Department of Public Health (CDPH)
- The local Long-Term Care Ombudsman
- Adult Protective Services
- Local law enforcement
Complaints can trigger investigations, citations, and corrective actions. In serious cases, they may lead to criminal charges or civil lawsuits.
4. Right to Access Records
Under California law, families can request medical records, incident reports, and facility inspection histories. These documents are essential for identifying patterns of neglect or abuse and supporting legal claims.
5. Right to Pursue Legal Action
Families may file civil lawsuits against facilities, corporate owners, or individual staff members. Common legal claims include:
- Elder abuse (Welfare and Institutions Code § 15657)
- Negligence or medical malpractice
- Wrongful death (Code of Civil Procedure § 377.60)
Damages may include compensation for medical expenses, pain and suffering, funeral costs, and punitive damages.
Recognizing the Signs of Abuse
Families should be alert to the following warning signs:
- Unexplained bruises, cuts, or fractures
- Sudden changes in mood, behavior, or cognition
- Poor hygiene, bedsores, or signs of malnutrition
- Fearfulness around staff or other residents
- Missing personal items or financial irregularities
Documentation is critical. Families should photograph injuries, record behavioral changes, and retain copies of medical records and communications with staff.
Steps to Take When Abuse Is Suspected
1. Document Everything
Gather evidence, including:
- Photos of injuries or living conditions
- Medical records and care plans
- Witness statements from staff or other residents
- Communications with facility administrators
2. Speak with Facility Staff
Request a meeting with the care team to discuss concerns. Ask for a written care plan and demand immediate corrective action.
3. File Formal Complaints
Report the abuse to:
- The facility administrator
- CDPH Licensing and Certification District Office
- Local Long-Term Care Ombudsman
- Adult Protective Services
- Police or sheriff’s department (in cases of assault or death)
4. Consult an Attorney
An experienced San Diego nursing home abuse attorney can evaluate the case, gather evidence, and advise on legal options. Most work on a contingency fee basis, meaning they only get paid if the case succeeds.
Civil Litigation: Holding Facilities Accountable
In serious cases, families may pursue civil litigation. The process typically involves:
- Investigation: Reviewing medical records, interviewing witnesses, and consulting experts
- Filing a complaint: Outlining the allegations and legal claims
- Discovery: Exchanging evidence and taking depositions
- Settlement negotiations: Attempting to resolve the case without trial
- Trial: Presenting the case before a judge or jury
- Appeals: Challenging the verdict if necessary
California juries have awarded substantial damages in nursing home abuse cases, especially when facilities acted with malice or gross negligence.
Advocacy and Prevention
Families play a vital role in preventing abuse:
- Visit frequently and observe care conditions
- Build relationships with staff and administrators
- Encourage residents to speak openly
- Monitor facility inspection reports and citations
When families assert their rights and demand accountability, they help create safer environments for all residents.
Final Thoughts
Discovering that a loved one has suffered abuse in a nursing home is heartbreaking—but families are not powerless. California law provides a robust framework for protecting residents, reporting abuse, and pursuing justice. By understanding their rights and acting decisively, families can hold negligent facilities accountable and ensure that elder care is delivered with dignity and compassion.
References
- California Department of Public Health. (n.d.). Nursing Home Residents’ Rights: Abuse—What to Do.
- California Welfare and Institutions Code § 15657. (n.d.). Civil actions for elder abuse.
- California Code of Civil Procedure § 377.60. (n.d.). Wrongful death actions.
- California Advocates for Nursing Home Reform. (2006). New Report Reveals Widespread Abuse, Broken Oversight in California Nursing Homes.
- Signals Santa Clarita Valley. (2025, August 6). What Rights Do Families Have if a Loved One Suffers Abuse in a Nursing Home?
