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Pressure ulcers that develop or worsen inside a California nursing home because of inadequate care can support a civil lawsuit under California's elder abuse statutes and general negligence law. Filing a bedsore lawsuit is a specific legal process with defined steps, evidentiary requirements, and deadlines. At The Elder Justice Firm, we guide families through every stage of this process, from initial evidence preservation through settlement or trial. This page explains what filing a bedsore lawsuit actually involves and what families can expect at each stage.
The period immediately after discovering a bedsore is the most critical for preserving evidence. Before any legal papers are filed, you need to build the factual record.
When you retain The Elder Justice Firm, we conduct a thorough pre-filing investigation before filing any lawsuit. This includes reviewing the complete medical record, pulling the facility's inspection history from CDPH Cal Health Find and quality scores from Medicare Care Compare, analyzing staffing data from the CMS Payroll Based Journal system, and consulting with wound care experts or geriatric physician reviewers to assess whether the facility's specific failures meet the legal standard for an elder abuse or negligence claim.
This investigation also determines who the proper defendants are. In many bedsore cases, the appropriate defendants include not just the specific nursing home but also the corporate ownership entity that made the staffing and training decisions that created the care gaps.
The primary legal vehicle for most California bedsore cases is the Elder Abuse and Dependent Adult Civil Protection Act, Welfare and Institutions Code Section 15600. Neglect is defined under Welfare and Institutions Code Section 15610.57 to include failure to provide medical care and proper hygiene, both of which are directly implicated in bedsore cases. When the neglect was reckless rather than merely negligent, the Act allows recovery of attorney's fees and enhanced damages under Welfare and Institutions Code Section 15657.
Even when the conduct does not meet the recklessness threshold required for enhanced remedies under the Elder Abuse Act, a standard negligence claim is available when the facility breached its duty of care, and the breach caused the bedsore. General negligence claims recover compensatory damages, including medical expenses, pain and suffering, and emotional distress.
When a bedsore leads to sepsis, osteomyelitis, or other fatal complications, the family may file a wrongful death claim under California Code of Civil Procedure Section 377.60 alongside the elder abuse claim. A companion survival action under CCP Section 377.30 allows the estate to recover for the pain and suffering the resident experienced before death.
The complaint is the formal legal document that initiates the lawsuit. It names the defendants, describes the facts of the case, identifies the legal theories, and specifies the damages sought. Once filed in the California Superior Court and served on the defendants, the defendants have 30 days to file a response. The litigation then enters the discovery phase.
Discovery is the formal exchange of evidence between the parties. In a bedsore case, discovery typically involves document requests seeking the complete medical record, staffing logs, incident reports, care plan revision history, training records, and internal quality assurance data. Depositions are taken of the nursing home staff who cared for the resident, the facility administrator, and corporate representatives in cases involving multi-facility ownership. Defense experts are disclosed and deposed. This phase is typically the most time-consuming part of the case.
The majority of bedsore cases settle before trial, often after discovery has produced evidence that makes the facility's liability clear. Settlement negotiations can occur at any stage of the litigation. Some cases settle in mediation, where a neutral third party facilitates a resolution without a court ruling. Cases that cannot be resolved through negotiation proceed to trial before a jury. We prepare every case for trial from the outset, because that preparation is what produces meaningful results at the negotiating table as well.
Under California Code of Civil Procedure Section 335.1, bedsore and elder abuse claims must generally be filed within two years of the date the harm occurred or was discovered. The delayed discovery rule may extend this period when the facility concealed the injury or when the resident lacked the capacity to recognize the harm. Missing the deadline permanently forecloses the claim regardless of the strength of the evidence. Consulting an attorney promptly after discovering a bedsore is essential to protecting your legal options.
Recoverable damages include medical expenses related to wound treatment and any resulting complications, the resident's pain and suffering, emotional distress, and, in wrongful death cases, funeral expenses and the losses suffered by surviving family members. When the facility's conduct was reckless under the Elder Abuse Act, attorneys' fees and the possibility of punitive damages are added to the recovery.
Cases that settle before trial typically resolve in 12 to 24 months. Cases that proceed to trial can take two to three years or longer. Several factors affect the timeline, including the complexity of the medical issues, the number of defendants, the facility's willingness to negotiate, and the court's docket schedule.
Yes. Most nursing homes carry professional liability insurance, and the insurer typically defends the case and pays any settlement or verdict up to the policy limits. In cases of particularly egregious conduct, punitive damages may be sought against the facility itself beyond its insurance coverage.
If your loved one developed bedsores in a California nursing home, The Elder Justice Firm can evaluate your case, preserve critical evidence, and pursue full accountability and compensation. We handle all cases on contingency, meaning no fees unless we recover for you. Contact us today for a free, confidential consultation.
We have won multi-million-dollar cases against public and private facilities on behalf of our clients. As a result, many institutions and their insurance companies opt to settle with us, based on our attorneys’ reputations.
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