Elder Abuse FAQ, California / Frequently Asked Questions About Elder Abuse and Nursing Home Neglect 

Q: How long do I have to file an elder abuse case in California? Most elder abuse and neglect claims must be filed within two years of the injury (Code of Civil Procedure section 335.1). Claims against a hospital or physician for professional negligence have a shorter window: one year from discovery of the injury and no more than three years from the injury itself (Code of Civil Procedure section 340.5). Claims against a county hospital or any other public entity require a written government claim within six months (Government Code section 911.2). Call before any of these dates is close.

Q: Is a bedsore always neglect? No, but it usually is. Some residents at the end of life develop skin breakdown that cannot be prevented. For everyone else, pressure injuries are preventable with repositioning, skin checks, nutrition, and moisture control. A facility that cannot show those things were done on schedule has a difficult case to defend.

Q: Can we still bring a case if our loved one has passed away? Yes. The estate can bring the elder abuse claim the resident could have brought, including pain and suffering, and the family can bring a wrongful death claim for its own loss. The deadlines are the same two years, so the records should be requested promptly

Nursing Home Abuse

Q: What are common signs of nursing home abuse or neglect?

• Unexplained bruises, cuts, or broken bones

• Dirty clothing or bedding, strong odors of urine or feces

• Repeated falls, infections, or ER visits

• Call lights ignored, residents left in pain or soiled for long periods

• Staff seem rushed, defensive, or unable to explain what happened

• Your loved one suddenly becomes fearful of certain staff or begs to go home

Q: What should I do if I suspect nursing home abuse?

1. Document everything – dates, times, photos, names of staff, and what you were told.

2. Ask for an immediate care-plan meeting and insist on answers in writing.

3. Request copies of medical records and incident reports.

4. If there is immediate danger, call 911.

5. Contact Jasinska Law Firm to review what you’re seeing and help you decide the next steps.

Dependent Adult Abuse

Q: Who qualifies as a “dependent adult”?
A dependent adult is usually 18–64 who has physical or mental limitations that make them depend on others for care (for example, dementia, developmental disability, brain injury, or severe illness).

Q: What are the warning signs of dependent adult abuse?

• A caregiver who controls all communication and blocks visits

• Sudden behavior changes – fear, withdrawal, or agitation

• Unexplained injuries, weight loss, or sedation

• Money missing, bills unpaid, or sudden changes in documents (also see financial exploitation below)

Financial Exploitation

Q: What does financial elder abuse look like?

• Sudden changes to wills, powers of attorney, or beneficiary designations

• Large or frequent ATM withdrawals that the elder cannot explain

• New “friends” or caregivers who control access to the elder

• Checks written to cash or to caregivers for unusually large amounts

• Missing jewelry, valuables, or confusion about where money went

Q: What should we do if we suspect financial exploitation?

• Freeze or monitor accounts if possible.

• Gather bank statements, checks, credit-card records, and any suspicious documents.

• Report concerns to Adult Protective Services or local law enforcement.

• Call Jasinska Law Firm PC to discuss civil options to recover stolen assets and stop further exploitation.
  
  

Falls and Fractures

Q: When is a fall a sign of negligence?

• The resident was already known as a fall risk (uses a walker, has dementia, prior falls)

• Safety measures (alarms, bed rails, non-skid socks, supervision) were not used

• The fall is unwitnessed and poorly documented

• The resident is found on the floor repeatedly with the same vague explanation

Q: What injuries should prompt immediate legal review?

• Hip, wrist, or femur fractures

• Head injuries and brain bleeds

• Death following a “simple fall.”

Multiple or serious falls often indicate understaffing, inadequate supervision, or ignored care plans.

Infection, Sepsis, and Delayed Treatment

Q: When does an infection become a sign of neglect?

• Staff miss obvious symptoms: fever, confusion, increased pain, foul-smelling urine, or shortness of breath

• Vital signs are not taken or not acted on

• The facility delays sending the resident to the hospital or calling the doctor

• Recurrent infections from catheters, wounds, or poor hygiene

Q: What is sepsis, and why is it so serious?
Sepsis is a life-threatening response to infection. Signs include rapid heart rate, low blood pressure, confusion, and fast breathing. Delays in treatment can lead to organ failure, septic shock, and death—and often support a strong elder-abuse case.

Sexual Abuse

Q: What might sexual abuse look like in an elder or dependent adult?

• Unexplained genital or anal bleeding, bruising, or infections

• Sudden onset of STIs

• Torn or bloody undergarments

• Extreme fear, withdrawal, or sexualized behavior not seen before

• Staff dismissing concerns or refusing to investigate

Sexual abuse is never a misunderstanding or “consensual” when a resident cannot protect themselves. Families are entitled to immediate answers and strong legal action.

Medical Malpractice in Nursing Home Abuse Actions

Q: How is medical malpractice different from ordinary neglect?
Medical malpractice involves substandard medical decisions by doctors, nurse practitioners, or nurses—such as failure to diagnose, wrong medications, or ignoring critical lab results—while neglect often involves basic care failures (no supervision, no hygiene, no nutrition).

Q: What might medical malpractice look like in a facility case?

• Ignoring abnormal labs or vital signs

• Failing to diagnose a stroke, heart attack, or infection

• Prescribing dangerous drug combinations or improper psychotropics

• Not following up on consults, imaging, or specialist recommendations

Often, strong elder-abuse cases involve both medical malpractice and neglect.

General Elder Abuse & Neglect – FAQ

Q: What is “elder abuse” or “dependent adult abuse” in California?
Elder abuse includes physical harm, neglect, financial exploitation, and emotional or sexual abuse of anyone 65 or older (or a dependent adult with disabilities). It covers harm in nursing homes, assisted living, memory care, hospitals, and even at home when caregivers fail to provide safe care.

Q: How do I know if what I’m seeing is “abuse” and not just aging or a decline in health?
Red flags that often point to abuse or neglect rather than normal aging include:

• Sudden, unexplained bruises, fractures, or head injuries

• Bedsores/pressure ulcers, especially Stage II–IV

• Rapid weight loss, dehydration, or repeated infections

• A loved one who suddenly becomes fearful, withdrawn, over-sedated, or confused

• Staff who won’t answer questions, delay visits, or push you away from the bedside

• “Accidents” that keep happening – falls, elopement, medication errors

If your instinct says, “Something is wrong here,” it’s time to ask questions and get legal guidance.

Nursing Home Physical Injuries

Q: Which injuries are especially suspicious in a nursing home?

• Hip fractures, wrist fractures, or skull injuries from “unexplained” falls

• Large bruises on the arms, thighs, or torso

• Lacerations that don’t match the story you’re given

• Repeated ER visits for “falls” with different explanations each time

Q: Why do physical injuries matter legally?
Serious injuries often point to poor supervision, unsafe transfers, lack of assistive devices, or outright physical abuse. They can support claims for:

• Medical bills and rehab

• Pain and suffering

• Enhanced damages under California’s elder-abuse laws if there was reckless neglect
  
  

Pressure Ulcers / Bedsores

Q: Are bedsores just a part of getting older?
No. Stage III and Stage IV pressure ulcers are almost always preventable with proper repositioning, nutrition, hydration, skin checks, and wound care. They are a major red flag for neglect.

Q: What should families watch for?

• Red or darkened areas on the tailbone, heels, hips, or shoulders

• Open wounds that worsen instead of improve

• Strong odor, drainage, or visible tissue

• Staff who downplay the sore or refuse to show you the wound 

Prompt treatment can be lifesaving. Untreated bedsores can lead to sepsis, amputation, or death.

Dehydration and Malnutrition

Q: How can I tell if my loved one is dehydrated or malnourished?

• Rapid or unexplained weight loss

• Dry mouth, cracked lips, or sunken eyes

• Lethargy, confusion, or new delirium

• Repeated UTIs, kidney problems, or fainting spells

• Food trays are taken away uneaten without assistance

Persistent weight loss and dehydration in a facility setting are not “inevitable.” They usually signal poor monitoring and a lack of feeding support.

Physical Abuse

Q: What are red flags for physical abuse by staff or other residents?

• Finger-shaped bruises, belt-like marks, or injuries in various stages of healing

• Fear of certain caregivers; flinching when approached

• Sudden aggression or dramatic behavior changes

• Staff refusing to leave you alone with your loved one

Any suspicion of physical abuse should be treated as an emergency: ensure safety, report immediately, and seek legal help.

Elopement and Wandering

Q: What is elopement?
“Elopement” means a resident leaves the facility or a secured unit without proper supervision. For someone with dementia, this can be fatal.

Q: What are the signs of elopement risk or poor supervision?

• Door alarms are frequently going off

• Residents are often seen alone near exits or parking lots

• Your loved one previously wandered off but no added safety measures were put in place

• The facility can’t explain how long a resident was missing or where they were found

When a resident is injured after wandering—exposure, traffic injuries, falls—it usually reflects serious safety failures.

Assisted Living Actions for Abuse and Neglect

Q: Aren’t assisted living and RCFEs “non-medical”—do the same rules apply?
Yes. Assisted living facilities are still required to provide safety, supervision, and assistance with daily living. They can be liable when residents:

• Fall repeatedly

• Wander or elope

• Are attacked by other residents

• Suffer dehydration, malnutrition, pressure injuries, or abuse

“Non-medical” does not mean “no accountability.”

Wrongful Death in Nursing Homes & Long-Term Care

Q: When does a resident’s death become a potential wrongful death case?

• Death follows a preventable event: fall, sepsis, choking, elopement, dehydration, medication error, or abuse

• The facility gives vague or changing explanations

• You were not told how serious the condition was, or the hospital transfer was delayed

• Records appear altered, or key details are missing

In these cases, families may pursue:

• Funeral and burial costs

• Loss of love, companionship, and support

• Pain and suffering the resident endured before death (in certain elder-abuse claims)

• Attorney’s fees and, in egregious cases, punitive damages