For decades, families transitioning a loved one into a nursing home have relied on one fundamental assumption: someone qualified is always watching. We aren’t just talking about anyone—we are talking about Registered Nurses (RNs). These are the professionals trained to catch the subtle shift in a resident’s breathing, the early signs of sepsis, or the symptoms of a stroke before a situation turns fatal.
That assumption is about to disappear.
Do you have an elderly loved one in a Riverside County nursing home or elsewhere in Southern California? If so, it is critical to be able to recognize the signs of elder abuse and neglect in general, but especially psychological abuse. According to a recent study published in the journal Frontiers in Public Health, psychological abuse is routinely cited as the most common form of nursing home abuse, yet it is among the types of abuse that are most difficult to spot and that tends to be studied the least. Indeed, as the authors of the study write, “although psychological abuse has been found to be the most frequent form of abuse, specific knowledge regarding this form of violence is still lacking.”
How can you learn more about psychological abuse, and what specific signs should you be looking for when you visit or speak with an elderly loved one in a nursing home? Our Riverside County nursing home abuse attorneys can say more.
Psychological Abuse is Common, But Iit Can Be Difficult to Define and Identify
California’s nursing homes are failing the people who need them most. Every day, elderly and dependent adult residents are being neglected in facilities across the state. Understaffing, inadequate training, and profit-driven approaches to care create ripe conditions for neglect. And if you think these problems are going away anytime soon, you’re kidding yourself. Between 2023 and 2050, California’s population aged 65 and older is expected to grow from 16.2% to about 24.9% of the total population. (Public Policy Institute of California, California’s Population (2023). That’s a 53.7% increase, and it means a growing number of people will be relying on these facilities to care for every aspect of their daily life. More nursing home residents means more facilities, and more chances for companies to profit off vulnerable people in a growing market.
As the prevalence of neglect grows, so will the demand for accountability. More lawyers will find themselves fielding urgent calls from potential clients – often the surviving family members of someone who died after being neglected in a facility – and throwing their hat into the ring to take on nursing homes. But navigating these cases isn’t simple. California law applies different frameworks depending on the facts. MICRA governs traditional negligence claims against skilled nursing facilities, capping non-economic damages, limiting attorney’s fees, and tightening the timeline to file. The Elder Abuse and Dependent Adult Civil Protection Act (Elder Abuse Act) provides another path when there’s clear and convincing evidence of reckless neglect. While both are important pathways to accountability, many lawyers overlook a third cause of action that offers both strategic advantages in litigation and built-in financial incentives – Health and Safety Code section 1430, subdivision (b).
Section 1430(b) provides a cause of action to hold skilled nursing and intermediate care facilities liable for violations of residents’ rights. Importantly, the statute isn’t limited to a specific list of residents’ rights – it applies broadly to any right granted under state or federal law, including those found in Title 22 of the California Code of Regulations and the Code of Federal Regulations. Protected rights include the right to be treated with dignity, to be free from abuse, to receive adequate attention from staff, and to get appropriate medical care. When those rights – or any other rights protected by law – are violated, section 1430(b) can provide a more targeted, flexible, and accessible remedy than traditional negligence claims.
Will you be visiting an elderly loved one in an Orange County nursing home this holiday season? If so, it is important to keep an eye out for any potential signs of nursing home abuse or neglect. Thanksgiving and the weeks leading up to Christmas and the New Year are often the time of year when elderly nursing home residents receive the most visitors. It may also be the only time of the year that you get to visit with your elderly parent or grandparent, so it is essential to do your best to ensure that your loved one is happy, healthy, and safe in their current environment.
What should you be thinking about as you plan for your visit with your elderly loved one who is currently residing in a Southern California nursing home? Consider the following from our nursing home neglect lawyers in Orange County.
Discuss Your Visit with Friends and Family Members Ahead of Time
When a loved one develops a large, painful bed sore in a nursing home, it is almost always a sign that something went terribly wrong. Families often feel a mix of anger, guilt, and confusion — and they want to know one thing: Can I sue a nursing home in California for allowing this to happen? The answer is yes. Under California law, bed sores are a preventable medical condition, and when they occur, they often indicate neglect.
Below is a clear, compassionate explanation of your rights and what to do next.
Falls can happen in any San Francisco Bay Area nursing home as a result of improper supervision of residents, residents’ medical conditions, and dangerous or hazardous conditions on the nursing home premises. According to the National Safety Council (NSC), falls among elderly adults account for about one-third of all non-fatal injuries sustained by people aged 65 and older. These non-fatal injuries can involve bruises, cuts and scrapes, and broken bones. While some older adults recover relatively quickly and fully from non-fatal falls, others may deal with long-term disabilities, especially when a hip fracture or other broken bone results from the fall. At the same time, it is critical to know that falls among the elderly can be deadly. The NSC reports that falls result in approximately 40,000 older adult deaths annually. That number was over 41,000 in 2023, the last full year of reported data. And, according to a recent report in The New York Times, data suggests that number is rising.
What should you know about nursing home falls and liability? Our San Francisco nursing home abuse and neglect lawyers can tell you more.
Elderly Fall Deaths Rise Among Increased Prescription Medication Usage
Across the country, state leaders are sounding the alarm about the growing influence of private equity in nursing homes and long term care. According to the Private Equity Stakeholder Project’s 2025 legislative tracker, this year marks a turning point in states’ efforts to scale back private equity’s footprint in the healthcare sector. From California to Massachusetts, lawmakers are beginning to recognize what families and advocates have been experiencing for years: when private equity buys nursing homes, patient care often suffers.
How Many Nursing Homes Are Owned by Private Equity
Researchers estimate that private equity firms now own roughly eleven percent of all nursing homes in the United States, representing more than one thousand five hundred facilities nationwide. Some studies place the number even higher when including complex ownership structures, management companies and affiliated real estate trusts used to mask true ownership.
Nursing home abuse and neglect in Los Angeles County and throughout Southern California can take various forms. Sometimes, nursing abuse is more obvious, with residents actively reporting abuse themselves or showing signs of bruising and restraint marks. At the same time, signs of abuse or neglect can often be subtle, and the signs are not always physical. Indeed, when an older adult is the target of emotional or psychological abuse, there are not necessarily physical changes or signs — at least not immediately — that you may be able to recognize. Instead, you may need to look for more elusive indicators of abuse. Our Los Angeles County nursing home abuse lawyer can explain in more detail.
Emotional and Psychological Abuse Can Take Different Forms
You may know that there are different types of elder abuse: physical abuse, emotional abuse, sexual abuse, and passive neglect, to name the most common kinds. Yet within each of those categories of abuse, there are specific forms that the abuse can take.
Do you have an elderly loved one in a nursing home in San Bernardino County or elsewhere in California? If so, it is critical that you learn more about identifying signs of nursing home abuse and neglect, and that you learn about your options for reporting it. Much too often, when a visitor at a nursing home or assisted-living facility suspects abuse or neglect, they do not know who they should alert to their concerns or what steps to take in order to have their concerns addressed. Many people also worry that they will report their concerns when there is insufficient evidence, or when they are not completely certain that neglect or abuse has occurred.
If you have any concerns at all about nursing home abuse or neglect — including abuse or neglect in an assisted-living facility or another type of residential care facility for the elderly (RCFE) in Southern California — it is important to report it. You might just save your own loved one from further harm, as well as other residents at the facility. How do you make a report? There are different options you can consider.
Identify and Record Abuse and Neglect Concerns
Nursing home residents should all be receiving a quality of care that prevents malnutrition, the development of bed sores and other infections, and other avoidable consequences of neglect. When a nursing home or assisted-living facility fails to provide such a level of care — often due to understaffing — the facility can be held accountable through a nursing home neglect lawsuit. A recent case in a Southern California residential care facility highlights how these injuries can arise and underscores that facilities are responsible when this type of harm occurs. According to a recent report from NBC San Diego, the California Attorney General’s Office has taken action against a residential care facility for the elderly (RCFE) that was “severely understaffed” and where multiple residents were diagnosed with malnutrition and bed sores.
Often, family members of the elderly are in the best position to be able to quickly recognize and remedy common signs of neglect, and to take swift action against the facility to prevent harm in the future. What should you know about malnutrition and bed sores in nursing homes and assisted-living facilities due to understaffing? Our Orange County nursing home abuse and neglect lawyers can tell you more.
Bed Sores Among Older Adult Residents in Nursing Homes and Assisted-Living Facilities
California Nursing Home Abuse Lawyer Blog
