Recognizing Nursing Home Abuse and Neglect in California
California's Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) provides powerful remedies — including punitive damages and attorney fees — for victims of nursing home abuse and neglect. Recognizing the signs is the first step.
- Physical abuse — Unexplained bruises, cuts, fractures, or restraint marks
- Neglect — Bedsores (pressure ulcers), malnutrition, dehydration, poor hygiene
- Medication errors — Wrong medications, wrong doses, missed medications
- Falls — Fall injuries when proper safety protocols were ignored
- Emotional and psychological abuse — Intimidation, isolation, humiliation
- Financial exploitation — Unauthorized use of funds, changed documents
- Sexual abuse — Any unwanted sexual contact by staff or other residents
California's Elder Abuse Law — Stronger Protections Than Regular Negligence
California's EADACPA (Welfare & Institutions Code §15600+) provides far stronger remedies than ordinary negligence law:
- Punitive damages — Available without the limitations of ordinary negligence cases
- Attorney fees — The facility may be required to pay your legal fees
- Survival and wrongful death claims — These rights survive the victim's death
- Heightened scrutiny — Courts take elder abuse extremely seriously
DePaoli Law Team pursues elder abuse claims under both EADACPA and general negligence, maximizing every available avenue for recovery.
How to Protect Your Loved One and Preserve Your Legal Rights
- Document injuries immediately — photographs, notes, dates and times
- Request all medical and incident records from the facility
- File a complaint with California's Department of Public Health (CDPH)
- Move your loved one to a safe facility as soon as possible
- Do not sign any releases or settlement documents from the facility
- Call DePaoli Law Team immediately — (916) 962-2896
Frequently Asked Questions
California EADACPA defines abuse broadly — physical abuse, neglect, abandonment, isolation, financial abuse, and deprivation of basic needs all qualify. Neglect (failing to provide proper care) is the most common form in California nursing home cases.
Yes. California's elder abuse law specifically preserves the right to sue even after the victim's death — including claims for pain and suffering the victim experienced before death. Wrongful death claims can also be pursued separately. Call DePaoli Law Team at (916) 962-2896 immediately.
Generally 2 years from the date of injury or 2 years from discovery of the abuse. California's elder abuse law has specific provisions — deadlines can be complex. Call DePaoli Law Team immediately to protect your rights.