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WHAT YOU SHOULD KNOW
Los Angeles nursing home abuses
You placed your loved one in a nursing home expecting they would receive dedicated care in a safe place.
Now, a gut feeling tells you that trust has been shattered. You may have seen unexplained bruises, a sudden withdrawal from family, or a troubling decline in hygiene. These are serious warnings that your loved one could be suffering from abuse or neglect. Your concerns deserve to be taken seriously.
At Sweet James Accident Attorneys, our Los Angeles nursing home abuse lawyers work with families to protect their loved ones and hold facilities accountable. We can help you understand your rights and what steps to take next. If you suspect something is wrong, we are ready to listen.
Call us for a free, confidential conversation at (800) 900-0000.
Why Families in Los Angeles Trust Sweet James Accident Attorneys
When you suspect nursing home abuse, you need a law firm that combines compassion with proven results. Sweet James Accident Attorneys has built that reputation by protecting vulnerable individuals and holding powerful institutions accountable across California and beyond.
A Proven Record of Results
For more than a decade, Sweet James has delivered life-changing outcomes for injury victims and their families. We have recovered over $2 billion in verdicts and settlements, including record-setting results such as a $17.4 million jury verdict in Hanford, the largest in Kings County history. Our results reflect not only our legal skill but our commitment to ensuring families receive the full compensation allowed under California law.
Leadership Backed by Recognition
Our founder, James Bergener, is a nationally recognized trial lawyer and member of the Multi-Million Dollar Advocates Forum, an honor reserved for fewer than 1% of U.S. attorneys.
He has been listed in Super Lawyers multiple times and named among the Top 40 Under 40 National Trial Lawyers for his record of excellence in catastrophic injury and wrongful death cases, and is a highly respected wrongful death attorney in the field.
James’s background as a former insurance defense attorney gives our firm a distinct advantage. We understand how insurance companies evaluate, minimize, and deny claims—knowledge we now use to protect injured families and expose systemic neglect in long-term care facilities.
A Team Built for Complex Cases
Our firm employs more than 450 professionals, including seasoned litigators, case managers, and medical consultants.
Whether your claim involves understaffing, medication errors, neglect, or intentional harm, we have the resources and expertise to pursue justice from both individual caregivers and the corporate owners behind them.
Deep Southern California Roots
Our Los Angeles office is located at 16133 Ventura Blvd Suite 700, in the heart of the Financial District. From this central hub, we serve clients across Los Angeles County and surrounding areas. Our familiarity with California’s elder abuse statutes, state licensing requirements for long-term care facilities, and Los Angeles County court procedures allows us to move cases efficiently and strategically.
Recognition Beyond the Courtroom
Sweet James Accident Attorneys has been honored among the Best Attorneys of America and maintains an A+ rating with the Better Business Bureau. Our visibility extends beyond the courtroom—James Bergener regularly appears as a legal commentator on KLAC AM 570 LA Sports Radio, and our firm actively supports community outreach and public legal education throughout Southern California.
No Fee Unless We Win
We believe every family deserves quality representation regardless of their financial situation. That’s why we handle nursing home abuse cases on a contingency fee basis, which means you pay nothing unless we successfully recover compensation.
Your first consultation is always free and confidential. At Sweet James, we combine national-level results with local care. We will listen to your story, explain your options, and take on the burden of the legal process so you can focus on your loved one’s safety and recovery.
What Are the Signs of Nursing Home Abuse and Neglect?
Abuse rarely manifests as a singular event. Rather, it’s typically a subtle pattern of mistreatment or a consistent failure to provide care.
Neglect, which is a failure to provide for a resident’s basic needs, is a form of abuse. It’s important to recognize the warning signs, as your loved one may be unable or afraid to tell you what is happening.
Physical Indicators of Abuse or Neglect
- Unexplained Injuries: Watch for bruises, welts, cuts, or broken bones, especially if the staff’s explanations seem inconsistent or improbable. Bruising on the wrists or ankles might suggest the use of improper restraints.
- Bedsores (Pressure Ulcers): These painful wounds are almost always a sign of neglect. They develop when a bedridden resident is not repositioned regularly, causing skin and tissue damage that can lead to life-threatening infections.
- Poor Hygiene: Unclean clothing, soiled bedding, strong odors, or a generally unkempt appearance suggest that basic daily care is not being provided.
- Sudden Weight Loss or Dehydration: These are direct signs of malnutrition or a failure to provide enough fluids and help with eating.
Behavioral and Emotional Changes
- Fear or Anxiety: A resident who suddenly becomes agitated, withdrawn, or fearful, particularly in the presence of specific staff members.
- Depression or Confusion: Unexplained changes in mood or cognitive alertness.
- Reluctance to Speak: A new hesitation to talk openly, especially when facility employees are nearby.
- Refusal of Care: A resident might stop participating in activities they once enjoyed or suddenly refuse to eat or take their medication.
Financial Abuse Warning Signs
Financial exploitation is one of the most common forms of elder abuse. It involves the illegal or improper use of a resident’s funds, property, or assets. Watch for:
- Sudden, unexplained changes in a will, trust, or power of attorney.
- Unusual bank withdrawals or transfers that your loved one cannot explain.
- New names added to bank accounts or property deeds.
- Missing personal property, checkbooks, or credit cards from their room.
You know your loved one. If your instincts tell you something is wrong, it’s worth looking into.
What Are the Underlying Causes of Nursing Home Neglect?
In the vast majority of cases, no one had any malicious intent to hurt your loved one. Abuse and neglect in nursing homes are typically symptoms of deeper, facility-wide problems. Here are some root causes that show how care standards can break down.
- Understaffing: When facilities operate with too few nurses and aides, caregivers become overworked and stressed. They may not have enough time to properly feed, bathe, and reposition every resident, leading to injuries like falls and bedsores. California requires nursing homes to provide at least 3.5 hours of direct care per resident per day, but some facilities fail to meet this standard.
- Inadequate Training: Employees who are poorly trained may not have the skills to manage residents with dementia, mobility issues, or other complex health conditions. This can lead to medication errors, improper use of equipment, and a failure to recognize developing health problems.
- Negligent Hiring Practices: To fill positions quickly, some facilities may fail to conduct thorough background checks. This can result in hiring individuals with a history of abusive behavior or other red flags.
- Corporate Profit Over People: Many nursing homes are owned by large, for-profit corporations. In some cases, management may prioritize profits by cutting corners on staffing, training, and resources, creating an environment where neglect becomes more likely.
What Should You Do if You Suspect Abuse in a Los Angeles Facility?
Your first priority is your loved one’s safety. After that, taking methodical steps will protect their rights and start the process of holding the facility accountable.
These actions create a formal record and gather the information needed to build a strong case.
- Report Your Concerns:
- To the Facility: Inform the nursing home administrator of your specific concerns in writing. Keep a copy for yourself. This creates an official paper trail.
- To Outside Agencies: You should also report the suspected abuse to independent authorities. In Los Angeles County, this includes the Long-Term Care Ombudsman Program and the California Department of Public Health (CDPH). These agencies have the power to investigate formal complaints.
- Document Everything:
- Keep a Journal: Write down every observation you make. Note the dates, times, specific injuries or signs of neglect, and which staff members were on duty.
- Take Photographs: If you see physical injuries like bedsores or unsanitary conditions, use your phone to take clear pictures.
- Gather Medical Records: You have a legal right to access your loved one’s medical records from the nursing home. Request a complete copy.
- Avoid Recorded Statements: The facility’s insurance company may contact you. It is best not to give a recorded statement or sign any documents before you have spoken with a lawyer.
A lawyer can help you manage this process, ensuring every step is handled correctly from the very beginning.
Understanding Compensation in a Nursing Home Abuse Case
No amount of money can reverse the harm that was done, but a legal claim provides the financial resources needed for your loved one’s recovery. It also serves to hold the negligent facility accountable for its actions.
What Damages Can Be Recovered?
- Economic Damages: These are the direct, calculable financial costs that resulted from the abuse.
- Medical Bills: The cost of treating injuries, such as hospital stays, doctor’s appointments, and physical therapy.
- Future Medical Needs: Funds to cover any ongoing care, rehabilitation, or therapy.
- Relocation Expenses: The cost of moving your loved one to a safer facility.
- Non-Economic Damages: This addresses the real, but intangible, human suffering involved.
- Pain and Suffering: Compensation for the physical pain and emotional distress your loved one experienced.
- Loss of Enjoyment of Life: For the decline in their ability to engage in daily activities and find joy.
How California’s Elder Abuse Act Protects Victims
California has a powerful law, the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), designed to protect seniors. The act defines abuse to include physical harm, neglect, and other forms of mistreatment that cause pain or mental suffering.
If a case shows evidence of recklessness, oppression, or malice, EADACPA allows for the recovery of enhanced damages. This can include the payment of your attorney’s fees and, in some situations, punitive damages. Punitive damages are not intended to compensate for a loss but to punish the wrongdoer and discourage similar behavior in the future.
How a Los Angeles Nursing Home Abuse Lawyer Helps Protect Your Family
Nursing homes are businesses, and their parent companies have legal teams ready to manage abuse allegations to protect their finances and reputation.
They might try to downplay your concerns, argue an injury was an unavoidable accident, or claim your loved one is simply confused. An experienced Los Angeles nursing home abuse lawyer takes on the entire legal process so you can focus on your family.
- We Conduct a Thorough Investigation: We will gather all evidence, interview witnesses, hire medical experts to analyze records, and pinpoint exactly how the facility breached its duty of care.
- We Handle All Communications: We will take over all contact with the nursing home’s administration, their personal injury attorneys, and their insurance company. You will not have to speak with them.
- We Build the Case for Full Compensation: We will carefully document every cost and every form of suffering to build a strong demand for the maximum compensation available.
- We Are Prepared to Go to Court: Although many cases are resolved through settlement, our reputation as a firm that obtains record-breaking jury verdicts shows that we are always ready for trial if a fair offer is not made.
Your Suspicions Are Enough to Take Action
Many families hesitate to act, worried they are overreacting or will cause trouble for their loved ones. Protecting your family member’s safety is never an overreaction.
The truth is, you are not expected to have all the answers or investigate the facility for wrongdoing. That’s our job. Let us listen to your story, review the facts, and explain your legal options in plain language to help you find clarity.
Call Sweet James Accident Attorneys today to get answers. The consultation is free and completely confidential. You can reach us at (800) 900-0000.
Los Angeles nursing home abuse
Frequently Asked Questions
Can the nursing home evict my loved one if we file a complaint?
No. It is illegal for a nursing home to retaliate against a resident or their family for making a complaint about care. This action is called a retaliatory eviction, and it is strictly forbidden under California law. Any attempt to evict a resident within 180 days of a complaint is presumed to be retaliation.
What if my loved one has dementia and cannot explain what happened?
Most nursing home abuse cases depend on evidence other than the resident’s own testimony. This includes medical records, statements from other residents or family members, expert medical analysis, and the physical evidence itself. A cognitive impairment does not prevent a successful claim.
What is the difference between neglect and an unavoidable accident?
An accident is an unexpected and unforeseeable event. Neglect is a pattern of carelessness or a failure to follow an established care plan. For example, if a resident with a known fall risk is left unattended and falls, that is likely neglect, because the facility had a duty to implement reasonable preventive measures.
What is the deadline for filing a nursing home abuse lawsuit in California?
In most cases, the statute of limitations for a personal injury claim related to nursing home abuse is two years from the date the injury occurred or was discovered. However, some exceptions might apply. It is always best to consult with a lawyer to determine the eligibility of your case and protect your rights.
Can a facility be held responsible for abuse by another resident?
Yes, in some circumstances. A nursing home has a duty to provide a safe environment for everyone. If the facility knew or should have known that a resident posed a danger to others and did not take reasonable steps to prevent harm, like providing adequate supervision, it can be held liable for an injury.
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Attorney
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Attorney
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