When families entrust a nursing home or assisted living facility with the care of an elderly loved one, they assume that the facility will provide safe and appropriate care. However, when abuse or neglect occurs, determining liability depends on the type of facility, state regulations, and contractual obligations.
This guide breaks down:
A nursing home (skilled nursing facility) is a medical care facility that provides 24/7 nursing care, rehabilitation, and medical treatment. Nursing homes serve patients who require significant medical supervision, including those recovering from surgery, stroke, or chronic illnesses.
An assisted living facility (ALF) is a residential care setting, not a medical facility. ALFs provide help with daily activities (bathing, dressing, meals) but do not offer skilled medical care like nursing homes.
| FACTOR | ELDER ABUSE | NURSING HOME NEGLECT |
|---|---|---|
| Type of Care | Medical care, rehabilitation, 24/7 nursing | Non-medical, daily assistance |
| Regulation | Federal (CMS) & state (CDPH) | State only (CDSS) |
| Common Claims | Medical malpractice, neglect, physical abuse | Neglect, falls, financial exploitation |
| Who is Liable? | Facility, corporate owners, nursing staff | Facility, caregivers, third-party contractors |
A 76-year-old man developed a severe bedsore at a California nursing home. The sore became infected and turned septic, yet the nursing staff failed to notify his family or transport him to a hospital. By the time he received medical care, it was too late—he passed away from septic shock.
Liability: The nursing home, its administrators, and the corporate parent company were all held liable for medical neglect.
An 84-year-old woman with dementia was left unsupervised in an assisted living facility’s dining room. She attempted to stand up alone, fell backward, and hit her head on the tile floor. The staff did not call for medical assistance for several hours, leading to permanent brain damage.
Liability: The assisted living facility and its management were found responsible for lack of supervision and failure to provide proper fall prevention measures.
Facility Records & Staffing Logs
Medical Records & Expert Testimony
Surveillance Footage & Witness Testimony
Regulatory Agency Violations
Under California Code of Civil Procedure § 36, elderly plaintiffs (70+) or their families can request trial preference, meaning:
Yes.
Assisted living facilities can be sued for negligence
if they fail to
supervise residents, prevent falls, or provide adequate care
.
Yes. Nursing homes
have a higher standard of care
because they provide
medical treatment
, making them more
heavily regulated
.
Many facilities try to
hide neglect
by claiming a resident’s
death was due to age
. We work with
forensic experts to uncover medical negligence
.
We work on a
contingency basis
—you pay
nothing unless we win
.
If your loved one suffered abuse or neglect in a nursing home or assisted living facility, we can help you understand your legal rights and options.
Contact The Elder Justice Firm today for a free, confidential consultation. We’ll answer your questions and guide you through the next steps.
Rob Marcereau founded The Elder Justice Firm on a single conviction: Seniors deserve a lawyer who prepares every case for trial.
He is an award-winning trial attorney, licensed in California since 2000, who has built his practice around institutions that harm the people in their care. Nursing homes, assisted living facilities, and their insurers arrive with defense counsel already retained and a strategy already in motion. Families arrive with grief, a stack of medical records they cannot read, and a facility that has stopped returning calls.
Closing that gap is the reason this firm exists. To speak with a California elder abuse attorney about what happened to someone you love, call The Elder Justice Firm at 855-880-4500.
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