Yes. A resident, or a family member acting for them, can sue a nursing home for abuse or neglect. Federal rules give residents the right to be free from abuse and neglect (42 CFR 483.12), and California, Texas and Washington each have their own laws. Bedsores, falls, dehydration and medication errors are common reasons for claims. If a resident dies, the family may have a wrongful death claim.
Questions about your injury case?
Leave your name and phone. We call you back today, in English or Spanish, and the consultation is free.
Free consultation · English y Español · No fees or costs unless we win
What counts as nursing home neglect or abuse?
California defines neglect of an elder or dependent adult as a caregiver’s failure to use the care a reasonable person would use. Examples in the law include failing to help with personal hygiene, failing to provide medical care, failing to protect from health and safety hazards, and failing to prevent malnutrition or dehydration (WIC 15610.57). An elder under that law is someone 65 or older (WIC 15610.27).
Warning signs families often notice:
- Bedsores (pressure injuries) that appear or get worse.
- Falls, fractures or bruises with no clear explanation.
- Sudden weight loss, dehydration or poor hygiene.
- Medication mistakes or missed doses.
- Fear of a staff member, or sudden withdrawal.
Federal rules also list residents’ rights, including dignity, being informed about care, and voicing complaints without retaliation (42 CFR 483.10).
What laws allow a lawsuit in California?
California families usually have several options, and a lawyer may combine them:
- Elder Abuse Act claim: if neglect or physical abuse is proven by clear and convincing evidence and the facility acted with recklessness, oppression, fraud or malice, the court must award attorney’s fees and costs, and some other limits are relaxed (WIC 15657). See our guide to California Elder Abuse Act remedies.
- Resident rights claim: a current or former resident of a skilled nursing facility can sue for violations of their rights and recover up to $500 for each violation, plus attorney’s fees and costs (Health and Safety Code 1430).
- Negligence or medical negligence: ordinary injury claims, which may be treated as professional negligence when they involve medical care.
The jury instructions for elder abuse claims are in the 3100 series of CACI.
How does it work in Texas and Washington?
Texas treats most claims against nursing homes as health care liability claims under chapter 74 of the Civil Practice and Remedies Code (CPRC chapter 74). That chapter requires written notice before filing, a report from a qualified health care professional early in the case, and caps non-economic damages against health care institutions. A resident found more than 50 percent at fault recovers nothing (CPRC 33.001), though that rarely fits a resident who depends on staff.
Washington gives a vulnerable adult who was abandoned, abused, financially exploited or neglected while living in a facility a right to sue for damages, including attorney’s fees and costs (RCW 74.34.200).
What about the arbitration agreement I signed?
Many admission packets include an arbitration agreement. Under the federal rules for facilities in Medicare and Medicaid, a nursing home cannot require a resident to sign one as a condition of admission, and the resident has a right to rescind it within 30 calendar days of signing (42 CFR 483.70). Whether a signed agreement can be enforced depends on how it was presented and who signed it, so keep a copy and have a lawyer review it.
Free case review
Tell us what happened and where the claim stands. Our team reviews it and explains your options. You owe no fees or costs unless we win.
How can families check on a nursing home?
Medicare’s Care Compare tool shows ratings, inspection results and staffing for nursing homes that take Medicare or Medicaid. In California, the Long-Term Care Ombudsman program advocates for residents and investigates complaints. A complaint does not replace a lawsuit, but the records it creates can help.
When you visit, pay attention to how quickly call lights are answered, whether water is within reach, and whether the resident is being turned and moved as the care plan says. Keep a simple log with the date, time and what you saw. Notes made at the time are far more convincing than memories pieced together months later, and they help a lawyer request the right records, such as staffing sheets, incident reports and wound care notes, before they are lost.
What to do now
- If the resident is in danger, call 911 or move them to a hospital.
- Photograph injuries, bedsores and room conditions with dates.
- Request the resident’s chart and care plan in writing.
- Report concerns to the facility administrator and the ombudsman.
- Write down names of staff, dates and what you were told.
- Find the admission papers and any arbitration agreement.
- Talk to a lawyer before signing anything from the facility.
Talk to us
If your parent or loved one was hurt or neglected in a nursing home, call Beverly Law at (310) 552-6959 for a free case review in English or Spanish. You owe no fees or costs unless we win.
Common questions
How long do I have to sue a nursing home?
It depends on the claim. In California, general injury claims have two years (CCP 335.1), but claims against health care providers can have a shorter limit (CCP 340.5). Texas health care claims generally have two years under chapter 74, and Washington’s general limit is three years (RCW 4.16.080). See California Courts.
Can family members sue for a resident?
Yes. A conservator, guardian or person with legal authority can bring the claim. After a death, the estate or family members may sue.
Will suing hurt my loved one’s care?
Federal rules protect residents from retaliation for complaints. Tell the ombudsman if you see any.
Do you handle Texas cases?
Yes. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
Ask a question
Not ready to call? Write your question and a member of our team answers you. No cost and no commitment.
Personal Injury Questions — Beverly Law
Free case review. We gather the records, deal with the insurance company and keep you informed in English or Spanish. You owe no fees or costs unless we win.
Related pages
Personal Injury Questions · California Elder Abuse Act remedies · Is family responsible for nursing home bills in Texas? · Notice before suing for medical malpractice in California · Personal injury questions · Law Blog
Talk to our team today
Leave your name and phone and tell us in one line what you need.
Sources
- Cal. Welfare and Institutions Code 15610.27
- Cal. Welfare and Institutions Code 15610.57
- Cal. Welfare and Institutions Code 15657
- Cal. Health and Safety Code 1430
- Cal. Code of Civil Procedure 335.1
- Cal. Code of Civil Procedure 340.5
- Judicial Council of California Civil Jury Instructions (CACI), 2026 edition: 3100 series
- 42 CFR 483.10, Resident rights
- 42 CFR 483.12, Freedom from abuse, neglect, and exploitation
- 42 CFR 483.70, Administration
- Medicare.gov, Care Compare
- California Department of Aging, Long-Term Care Ombudsman
- Tex. Civ. Prac. & Rem. Code chapter 74
- Tex. Civ. Prac. & Rem. Code 33.001
- RCW 74.34.200
- RCW 4.16.080
- California Courts Self-Help, Statute of limitations
- California Courts Self-Help, Statute of limitations (Spanish)
Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-13.