Top 5 Mistakes Families Make When Suing a Nursing Home in California

If you're considering legal action against a nursing home in California, it's crucial to avoid common mistakes that could jeopardize your case. Here's how to avoid these pitfalls:

1. Delaying Action

Time is critical in elder abuse or nursing home abuse cases. California has strict statutes of limitations, typically allowing only two years to file a claim—sometimes even earlier. Delaying can weaken your case, as evidence can disappear, and memories fade.

2. Not Documenting Evidence Immediately

Effective cases rely heavily on clear evidence. Photographs, medical records, witness accounts, and written notes can significantly strengthen your claim. Document everything clearly and promptly, including taking pictures of your loved one and the conditions of their living environment.  Make sure to write down witness’s names, take pictures of your loved one’s chart, and collect any other evidence you can, before it gets lost or destroyed.

3. Failing to Report Abuse Properly

Families sometimes make informal complaints but fail to officially report abuse to the nursing facility or appropriate authorities, such as Adult Protective Services, the California Department of Public Health, or a Long-Term Care Ombudsman. Written reports to the nursing facility, as well as official reports to watchdog agencies create a paper trail that's invaluable in litigation.

3. Underestimating the Importance of Medical Records

Medical records often hold the key to proving neglect or abuse. Obtaining comprehensive medical documentation promptly can significantly strengthen your legal claim.  Make sure to request all of your loved one’s medical records – not just from the nursing facility but from any hospitals or doctors’ offices they may have visited.

4. Settling Too Quickly or Without Legal Advice

Families may feel pressure to accept an initial settlement offer from a nursing home or its insurance provider. Often, these offers are far lower than what you deserve. Consulting with a knowledgeable elder abuse attorney ensures you understand your case's real value and make sure and that your loved one and their family is fairly compensated.

5. Choosing an Inexperienced Attorney

Elder abuse law is specialized, requiring deep knowledge of nursing home operations and California law. Attorneys need to understand these laws, need to understand how to prove elder abuse, and must able to avoid the pitfalls of nursing home abuse litigation.  Selecting an attorney inexperienced in elder abuse litigation can compromise your case.

How The Elder Justice Firm Can Help

Our attorneys are experienced in elder abuse litigation and help California families achieve justice against negligent nursing homes.  We understand what it takes to hold negligent institutions accountable and with over $200 million recovered for injury victims and their families, our track record speaks for itself.  Please contact us for a free, confidential consultation to evaluate your case and discuss your options.