Can I Sue a Nursing Home in Orange County for Neglect?

Yes, you absolutely can sue a nursing home in Orange County for neglect, and the feelings of anger, betrayal, and confusion you're experiencing are completely valid. Seeing a loved one suffer in a place that promised to keep them safe is a devastating experience. You are not alone, and you have legal rights.

This page will provide clear, practical answers to your questions and outline the immediate steps you can take to protect your family member and hold the facility accountable.

For more than 20 years, Nursing Home Law Group has been dedicated to fighting for families just like yours throughout California. We understand the pain you're going through, and we are here to help you get justice.

What Legally Counts as “Neglect” in California?

It's important to understand the difference between neglect and abuse. While abuse is often an intentional act designed to cause harm (like hitting or sexual assault), neglect is a failure to provide care that a reasonable person would. This failure can be intentional or simply careless, but either way, it can cause devastating harm.

Under California's Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), neglect includes a facility's failure to provide for a resident's basic needs.

This is not just "poor service"—it is a violation of the law.

Common Signs of Nursing Home Neglect

Your intuition is powerful. If you feel something is wrong, you are probably right. Trust your gut and look for these common warning signs of neglect:

Physical Signs:

  • Bedsores (Pressure Ulcers): These are almost always a sign of neglect, indicating your loved one isn't being turned or repositioned properly.
  • Sudden or Unexplained Weight Loss: This can point to malnutrition or a failure to assist with eating.
  • Frequent Dehydration: Signs include dry mouth, sunken eyes, and persistent confusion.
  • Unexplained Falls, Bruises, or Fractures: This often means the staff is failing to provide proper supervision or assistance with walking.
  • Medication Errors: Failing to provide necessary medications, or administering the wrong dosage.

Emotional & Behavioral Signs:

  • Sudden Withdrawal or Depression: A loved one who becomes non-communicative, fearful, or hopeless.
  • Fear or Anxiety Around Staff: Flinching, avoiding eye contact, or becoming agitated when certain caregivers enter the room.
  • Staffing Issues: The facility seems constantly understaffed, call lights go unanswered, or the staff is rude, dismissive, or won't answer your questions.

If you see any of these signs, you must act.

The Three Most Important Steps to Take Right Now

Your priority is to protect your loved one and document the neglect.

  1. Ensure Your Loved One's Immediate Safety. If you believe your family member is in immediate physical danger, call 911 for an ambulance and have them taken to a hospital for an independent evaluation. If the situation is not an immediate emergency, proceed to step 2.
  2. Report the Neglect. You must create an official record. This is critical for any future legal case.
  3. Document Everything. Your evidence is your power. Take photos, notes, and get a copy of all available medical records.
How a Lawsuit Can Help

Filing a lawsuit isn't just about money - it's about justice and accountability. It is one of the most powerful tools families have to force a nursing home to change its dangerous practices.

In California, these cases are often filed under the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). This is a vital law for victims. If a facility is found liable for neglect, EADACPA allows a court to award:

  • Compensation for medical bills, pain, and suffering for the victim, and in cases of wrongful death, for the family as well.
  • Punitive Damages (in cases of recklessness or fraud) to punish the facility.
  • Attorney's Fees and Costs, which allows firms like ours to take cases on a contingency basis. This means you pay absolutely nothing unless we win your case.
You Don't Have to Do This Alone. Let Us Help.

We know this is overwhelming. You are trying to be a loving family member, a detective, and a legal expert all at once. You don't have to be.

Nursing Home Law Group has focused on elder neglect cases for over two decades. We know the laws, we know the local Orange County facilities, and we know how to fight the large corporations that run them.

Let us take this burden off your shoulders.

Contact us today for a 100% free, confidential consultation. Tell us your story. We will listen, we will answer your questions, and we will tell you exactly how we can help.

Call Nursing Home Law Group now or fill out our secure online form to get started.

Client Reviews
★★★★★
"Honesty, kindness, and compassion are not words often associated with attorneys, but in this case, they fit perfectly! If you’re looking for an attorney for Assisted Living neglect or abuse, I highly recommend Nursing Home Law Group." Dan T., Temecula (Riverside County)
★★★★★
"If you have a love one who has been harmed or mistreated in these nursing homes, don't hesitate to get justice. Talk to Nursing Home Law Group, they will give you loving, friendly service with results." Schavonne & Tisa M., Hawthorne (Los Angeles County)
★★★★★
"The Nursing Home Law Group represented a claim for neglect and a claim for wrongful death for our family. We were very satisfied with the successful resolution of the claims." Joseph and Nancy S., Point Loma (San Diego County)
★★★★★
"My case was handled with professional, compassionate and total attention. We eventually settled out of court for a much higher amount than was originally offered. Thank you Randy, Luke, and Sarah for all your diligent attention to my case." Bayer, El Segundo (Los Angeles County)