Something feels wrong. Maybe your mother has bruises no one can explain. Maybe your father seems quieter than usual, or flinches when a staff member walks by. Maybe you’ve noticed soiled clothing, a room that hasn’t been cleaned, or a call button left unanswered for hours.
You’ve asked questions and the answers don’t add up.
If you’re here, you’re worried about someone you love. That instinct matters. Families who speak up are often the only thing standing between a vulnerable resident and ongoing harm.
The Law Offices of Adrianos Facchetti is a trusted Burbank personal injury lawyer represents families in Burbank and across Los Angeles County who believe their loved one is being abused or neglected in a nursing home or assisted living facility. We investigate, we build cases, and we hold facilities accountable.
What Is Nursing Home Abuse vs. Neglect?
These two terms are often used interchangeably, but they describe very different situations and the legal approach to each can differ too.
Abuse is intentional. A caregiver causes harm on purpose, through hitting, restraining, yelling, threatening, sexually assaulting, or financially exploiting a resident. Abuse is an act.
Neglect is a failure to act. It happens when a facility or staff member does not provide the basic care a resident needs, failing to reposition a bedridden patient, ignoring calls for help, not providing enough food or water, or leaving infections untreated. Neglect is often what happens when facilities cut corners on staffing to save money.
Both are forms of elder abuse under California law. Both can cause serious, permanent harm. And both are grounds for legal action.
Warning Signs Families Should Not Ignore
Physical and Medical Red Flags
Some signs of abuse or neglect are visible. Others take closer attention to notice:
- Unexplained bruises, cuts, or broken bones
- Pressure sores (bed sores) especially Stage III or IV wounds that have been left untreated
- Sudden weight loss or signs of malnutrition or dehydration
- Recurring infections, urinary tract infections, pneumonia, or wound infections that keep returning
- Evidence of falls that weren’t reported to the family
- Medication errors a resident who seems overmedicated, sedated, or is missing doses
- Poor hygiene, dirty clothing, unchanged incontinence products, unbathed skin
Emotional and Behavioral Changes
Not all harm is physical. Watch for:
- A loved one who seems afraid, withdrawn, or refuses to speak when staff are nearby
- Crying, rocking, or unusual agitation that wasn’t present before
- A resident who no longer wants family to visit, this can be a sign of intimidation
- Sudden depression or loss of interest in activities they used to enjoy
- Staff who speak for the resident when you try to ask them direct questions
Financial Warning Signs
Financial abuse is one of the most common and most missed forms of elder abuse:
- Unexplained withdrawals from bank accounts
- Missing personal property, jewelry, cash, electronics
- Changes to a will, power of attorney, or beneficiary designations
- A resident who seems confused about their finances or is pressured to sign documents
- Bills going unpaid despite the family making regular payments to the facility
What to Do If You Suspect Abuse
Do not wait for proof before taking action. Here is the sequence that protects your loved one and your legal case:
- Document what you see. Take dated photos of injuries, the room condition, and any visible neglect. Write down names of staff on duty, the date and time, and exactly what you observed.
- Talk to your loved one privately. Ask open-ended questions when staff are not present. Even a small change in their answer when no one else is around can be significant.
- Request medical records. You have the right to access your loved one’s medical records. Look for gaps in documentation, untreated conditions, or incident reports that were never communicated to your family.
- Report to the facility in writing. Make your complaint in writing so there is a record. The facility’s response or lack of one, is itself evidence.
- File a report with California authorities. You can file a complaint with the California Department of Public Health (CDPH), contact the Long-Term Care Ombudsman Program, or reach LA County Adult Protective Services at 1-877-477-3646.
- Call a lawyer. An attorney can investigate the facility independently, obtain records that are not publicly available, and advise you on your legal options before you take further action.
Who Can Be Held Responsible?
More than one party may share responsibility for what happened to your loved one:
Individual staff members – A caregiver who physically harms, verbally abuses, or steals from a resident can be held personally liable, even if the facility claims it was an isolated incident.
The nursing home facility – If the facility failed to screen employees properly, understaffed the floor, ignored prior complaints, or created conditions where abuse was likely to occur, the facility itself is liable.
The corporate parent company – Many nursing homes in California are owned by large management companies. If corporate policies prioritized cost-cutting over care, the parent company can be brought into the lawsuit.
Staffing agencies – If a third-party staffing agency provided workers who were unqualified or had prior complaints, the agency may also share liability.
In California, nursing facilities have a legal duty of care to every resident. When they breach that duty, they can be held accountable under civil law and in some cases, under criminal law.
California Laws That Protect Nursing Home Residents
California has some of the strongest elder abuse protections in the country.
The Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), codified in California Welfare and Institutions Code § 15600 et seq., gives nursing home residents and their families the right to sue for physical abuse, neglect, financial exploitation, and abandonment. Crucially, the law allows families to seek punitive damages, damages above and beyond actual losses, when the facility’s conduct was especially reckless or intentional. It also allows recovery of attorney’s fees, which matters in cases that are complex or expensive to litigate.
California Penal Code § 368 makes elder abuse a criminal offense and can result in criminal charges against individual caregivers in addition to a civil lawsuit.
Federal regulations under the Nursing Home Reform Act require facilities that accept Medicare or Medicaid to maintain a minimum standard of care. If a facility receives federal funding and fails to meet those standards, it can lose certification and that violation history is evidence in a civil case.
The statute of limitations for most nursing home abuse claims in California is two years from the date of the abuse or the date it was discovered. In wrongful death cases, the family has two years from the date of death. Government-owned facilities (county-run nursing homes) require a government tort claim within six months under Government Code § 911.2. Do not wait. Evidence disappears, staff members leave, and facilities destroy or alter records over time.
What Compensation Can Families Recover?
A nursing home abuse lawsuit is not just about money. It is about creating a record, holding a facility accountable, and sometimes forcing policy changes that protect other residents. That said, families may recover:
- Medical expenses – all costs related to treating injuries caused by abuse or neglect, including hospitalization, surgery, wound care, and rehabilitation
- Pain and suffering – compensation for the physical pain and emotional trauma your loved one experienced
- Emotional distress – for the resident and, in some cases, immediate family members who witnessed the harm
- Enhanced damages – California’s EADACPA allows courts to award heightened damages when a facility acted with recklessness, malice, or intentional misconduct
- Punitive damages – awarded when a facility’s conduct was especially egregious, designed both to punish the facility and to deter future misconduct
- Attorney’s fees and costs – recoverable under EADACPA in qualifying elder abuse cases
- Wrongful death damages – if your loved one passed away as a result of the abuse or neglect, the family may pursue a separate wrongful death claim under California Code of Civil Procedure § 377.60
How Our Firm Investigates Nursing Home Cases
Nursing homes do not hand over evidence voluntarily. They have their own legal teams working to minimize their exposure from the moment a complaint is filed. Here is what we do:
We start by reviewing the facility’s complaint and citation history with the California Department of Public Health. Facilities with prior violations, state citations, or pending complaints are significantly more vulnerable in litigation.
We obtain the complete medical records, nursing notes, incident reports, and staffing logs for the relevant period. Staffing ratios matter, when facilities are chronically understaffed, injuries become predictable and preventable.
We work with medical experts who can examine the records and testify on the standard of care, what the facility was required to do and exactly how they fell short.
We interview staff, other residents, and family members who may have observed the same problems you did.
We preserve evidence before it disappears. Facilities sometimes alter records, reassign staff, or settle unrelated complaints quickly once a lawsuit is anticipated.
We work on contingency, no upfront cost, no hourly bills. If we do not recover compensation for your family, you owe us nothing.
About Adrianos Facchetti
Adrianos Facchetti has been licensed to practice law in California since 2006 (State Bar No. 243213) and has handled more than 1,000 personal injury and elder abuse cases across Los Angeles County. He is rated Avvo 10.0 Top Attorney, holds a Martindale-Hubbell AV Preeminent® 2025 rating, is BBB-accredited, and was voted MyBurbank’s Best 2025.
Contact a Burbank Nursing Home Abuse Lawyer
If you believe your loved one is being harmed in a nursing home or assisted living facility, the most important step you can take right now is to call someone who can help you figure out what is happening and what your options are.
We offer a free, confidential consultation. We will listen to what you have observed, explain your rights under California law, and tell you honestly whether we believe a legal case exists.
You do not have to pay anything unless we win. And you do not have to figure this out alone.
Call (626) 793-8607 – free consultation, 24 hours a day.
The information on this page is for general informational purposes only and does not constitute legal advice. Viewing this page does not create an attorney-client relationship. Past results do not guarantee future outcomes.
