In California, the decision to place an elderly loved one in a skilled nursing facility (SNF) is often fraught with emotion and trust, a trust that is shattered for many each year through neglect and abuse. As these facilities fail to uphold their duty of care, families are left grappling with complex legal battles to seek justice and prevent further harm.

Nursing homes in California are bound by high standards of care due to their status as healthcare facilities. However, instances such as untreated pressure ulcers, ignored fall risks, and poor communication regarding patients' conditions suggest a breach of these standards. When such negligence leads to harm, a medical malpractice claim can be pursued, holding facilities accountable for their failures.

Further complicating the landscape of legal recourse is the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), which offers a robust defense against elder abuse. This act not only addresses general negligence but also includes provisions for cases where abuse involves recklessness or intentional harm, allowing for enhanced remedies such as attorney's fees, pain and suffering damages, and even punitive damages.

In addition to these protective measures, the Medical Injury Compensation Reform Act of 1975 (MICRA) plays a significant role in legal proceedings involving nursing homes. MICRA limits the amount of non-economic damages plaintiffs can receive, impacting the compensation victims can obtain. However, recent legislative reforms have begun to increase these caps, gradually shifting the landscape of what financial compensation is available to victims.

The legal intricacies do not end there. Potential claims split into two categories when a resident dies due to negligence or abuse: wrongful death claims and survival actions. Each offers different types of compensation and is bound by specific legal standards and timelines. Furthermore, many families find themselves navigating pre-signed arbitration agreements that can limit their ability to pursue justice through the court system.

The scope of negligence within California nursing homes is broad, encompassing everything from medication and pharmacy errors to failures in providing basic care or emergency medical response. These facilities must adhere to strict standards, including mandated staffing ratios and specific protocols for care. When they fail, they are not only failing their residents but also violating state and federal regulations.

For families facing the aftermath of nursing home abuse or neglect, the path to accountability is fraught with obstacles. Yet, with experienced legal guidance, they can navigate the complex terrain of medical malpractice and elder abuse laws. By leveraging medical evidence and expert testimony, there is a robust framework within California law to hold negligent facilities accountable, ensuring that justice is served and similar failings are deterred in the future.