Can I Sue for Neglect in a San Jose Nursing Home?

Understanding Your Rights Under California Law

When families place a loved one in a nursing home or assisted living facility in San Jose, Santa Clara, or the South Bay, they expect proper care, compassion, and professionalism. Unfortunately, many facilities fail to meet even the most basic standards — leading to preventable injuries, emotional trauma, and in some cases, wrongful death.

If you're asking, “Can I sue for neglect in a San Jose nursing home?”, the answer is almost always yes. California law allows families to hold negligent facilities accountable when their failures cause harm.

A knowledgeable San Jose nursing home neglect lawyer can guide you through the legal process and help you determine the best course of action.

When Is a Facility Legally Liable for Neglect?

A nursing home or assisted living facility can be sued for negligence or malpractice when it violates its duty to provide adequate care. This includes:

• Failing to prevent avoidable falls.
• Allowing bedsores to develop.
• Ignoring signs of infection or medical decline.
• Failing to assist with food, water, or hygiene.
• Making medication errors.
• Leaving residents unsupervised.
• Exposing residents to physical or emotional abuse.

If any of these failures caused harm, your family likely has the right to pursue a civil lawsuit.

Who Can Sue?

In San Jose, claims may be brought by:

• The injured resident
• A family member acting under a power of attorney
• A legal guardian or conservator
• Surviving family members in certain wrongful death cases

A Bay Area elder neglect lawyer can help determine who has standing to sue and how best to move forward.

Types of Lawsuits for Nursing Home Neglect

Depending on the circumstances, you may be able to file:

• A negligence lawsuit against individuals and/or corporate ownership
• A malpractice claim (against licensed medical staff)
• An elder abuse lawsuit under the Elder Abuse and Dependent Adult Civil Protection Act
• A wrongful death lawsuit if neglect contributed to the resident’s passing

These claims can lead to compensation for medical bills, emotional distress, pain and suffering, and in some cases, punitive damages.

Evidence Needed to Sue

• A strong case often relies on:
• Medical records
• Staffing logs
• Facility inspection reports
• Photographs of injuries
• Witness statements
• Hospital records
• Expert testimony

Nursing homes often attempt to hide or destroy evidence. That’s why contacting an experienced San Jose nursing home neglect lawyer as early as possible is crucial.

Free Investigations & No Fees Unless You Win

At Nursing Home Law Group, every case begins with a free, confidential investigation.

We handle all cases on a contingency fee basis — meaning you pay nothing upfront and no fees at all unless we win compensation for your family.

This allows you to pursue justice without financial risk while we gather evidence, consult medical experts, and build your case.

Why Choose Nursing Home Law Group?

For over 20 years, we have represented families across San Jose, Milpitas, Sunnyvale, Los Gatos, and the South Bay. Our attorneys have a long history of proving negligence, exposing unsafe practices, and securing justice for elders harmed by careless or abusive facilities.

When you hire us, you’re hiring a team that knows how to hold these facilities accountable — and who cares deeply about protecting vulnerable seniors.

Contact Us Today

Yes — you can sue for neglect in a San Jose nursing home.

And you should if your loved one has been harmed.

Contact a San Jose nursing home neglect lawyer at Nursing Home Law Group today for a free consultation.

Your loved one deserves protection. Your family deserves answers.

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