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.
