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Nursing Home Abuse

San Jose Nursing Home Abuse Lawyers

Don’t Let Nursing Home Abuse Go Unchallenged - Call (408) 716-1668 Now

As the elderly population in America continues to grow, nursing homes and assisted living facilities are becoming a necessary choice for more and more people. However, these facilities often put profits over people,. This has created an epidemic of care provider owners and operators cutting corners in their budget in an attempt to increase their overall profit.

Unfortunately, this leads to unsafe facilities, poor staffing choices and even the unnecessary death of residents. This type of elder abuse and neglect is common in our country. However, there are ways to prevent and protect yourself or a loved one in an unsafe nursing home.

Whether the abuse or neglect is physical, mental or financial, the victim is often embarrassed or confused about the situation. The victim may not report it to friends or family.

How Our San Jose Nursing Home Abuse Attorneys Can Help

The San Jose nursing home abuse attorneys at Needham Kepner & Fish LLP have years of experience helping elderly clients in the Bay Area who have been abused or neglected at nursing homes and other assisted living facilities. We build a solid case against the facilities by focusing on the facts. If a nursing home or assisted living facility is abusing you, a loved one or another resident of a long-term care home, then we can help hold the proper parties responsible.

Our experienced team is ready to help. Contact us online or over the phone to arrange a free consultation of your nursing home abuse case.

What Is Nursing Home Abuse?

Nursing home abuse refers to the mistreatment, neglect, or harm inflicted upon elderly residents in long-term care facilities. This abuse can be intentional or result from neglect, leading to physical, emotional, or financial harm. It often occurs due to understaffing, lack of proper training, or intentional misconduct by caregivers.

Common types of nursing home abuse include:

  • Physical Abuse – Includes hitting, pushing, restraining, or using excessive force, leading to injuries like bruises, fractures, or burns.
  • Emotional or Psychological Abuse – Verbal insults, threats, humiliation, isolation, or intimidation that cause distress, fear, or anxiety.
  • Neglect – Failing to provide basic needs such as food, water, hygiene, medication, or proper medical care, leading to malnutrition, infections, or bedsores. Elder neglect is considered abuse under the California Elder Abuse and Dependent Adult Civil Protection Act.
  • Sexual Abuse – Any non-consensual sexual contact or harassment, including inappropriate touching or forcing a resident to witness sexual acts.
  • Financial Abuse – Stealing money, forging checks, misusing bank accounts, or pressuring residents to change their wills or give away assets.
  • Abandonment – Deserting an elderly person at a nursing home without proper care or failing to return after taking them out for a visit.

Common Causes of Nursing Home Abuse

Nursing home abuse often stems from systemic issues within the facility, individual misconduct, or a combination of both. Below are some of the most common causes:

  • Understaffing – Many nursing homes are short on staff, leading to overworked employees who may neglect or mistreat residents due to frustration or fatigue.
  • Lack of Proper Training – Caregivers who are not adequately trained may struggle with handling residents' medical and emotional needs, increasing the risk of neglect or accidental harm.
  • Poor Hiring Practices – Some facilities fail to conduct proper background checks, leading to the hiring of individuals with a history of violence, abuse, or negligence.
  • Resident Vulnerability – Elderly individuals with dementia or physical disabilities are more prone to abuse because they may not be able to report or recognize mistreatment.
  • Poor Supervision and Management – Lack of oversight by nursing home administrators can allow abuse to go unnoticed or unpunished, creating an unsafe environment.
  • Stress and Burnout Among Staff – Caregivers dealing with high workloads, low pay, and stressful conditions may lash out at residents or neglect their duties.
  • Profit-Driven Motives – Some nursing homes prioritize financial gain over patient care, leading to cost-cutting measures such as inadequate staffing, poor training, and substandard living conditions.
  • Lack of Family Involvement – When residents do not have frequent visits or communication with family members, abuse may go unnoticed for extended periods.
  • Inadequate Regulations and Enforcement – Weak enforcement of laws and regulations can allow nursing homes to continue operating despite having a history of complaints or violations.
  • Cultural and Institutional Tolerance – In some cases, mistreatment may be normalized within the facility, leading to an environment where abuse is ignored or accepted.

How Do I Stop Nursing Home Abuse or Neglect?

Elder Man

Many people believe that if nursing home abuse and/or neglect exists at a loved one’s facility, the victim would say something. Often that is not the case. Residents (especially Alzheimer’s and dementia patients) may be targeted because they are not healthy enough to communicate effectively. At other times, they may be scared or ashamed to talk about what they have been experiencing. In extreme cases, they may have even been threatened by their abuser to keep silent about what is happening to them or face the consequences.

There is no easy way to stop nursing home abuse and/or neglect without the help of an experienced professional. 

If you suspect abuse and/or neglect, then it is important to: 

  • Document as many signs as possible on your own
  • Ask the care providers specific questions before making any accusations
  • Keep detailed records of potential abuse and/or neglect
  • Take photographs of injuries or unsuitable living conditions
  • Write down your loved one’s healthcare routine, required medications and anything else out of the ordinary. 

Once you feel like you have collected enough evidence to prove improper care is taking place, it may be time to report what you have seen.

Who is Liable for Nursing Home Abuse?

Several parties can be held legally responsible for nursing home abuse, depending on the circumstances. Liability can fall on individuals or the facility itself. Below are the key parties that may be held accountable:

  • Nursing Home Facility – The nursing home itself can be liable if abuse occurs due to negligent hiring, inadequate training, poor supervision, understaffing, or failure to enforce proper safety protocols. If the facility prioritizes profits over resident care, leading to harm, it can face lawsuits and penalties.
  • Nursing Home Staff – Caregivers, nurses, and aides who commit abuse—whether physical, emotional, sexual, or financial—can be held personally responsible. This includes those who intentionally harm residents or neglect their basic needs.
  • Administrators and Management – Supervisors and facility managers may be liable if they fail to prevent, investigate, or report abuse. If they ignore complaints, fail to address unsafe conditions, or allow unqualified staff to work, they can face legal consequences.
  • Third-Party Contractors – Many nursing homes outsource services like medical care, housekeeping, or security. If a third-party employee (such as a visiting nurse, therapist, or maintenance worker) abuses a resident, their employer can also be held responsible.
  • Doctors and Medical Professionals – If a doctor, nurse, or other healthcare provider within the nursing home fails to provide adequate medical care, misdiagnoses an issue, or neglects a patient’s needs, they may be held accountable for medical malpractice.
  • Other Residents – In some cases, one resident may abuse another due to cognitive impairments, aggression, or other factors. If the nursing home fails to protect vulnerable residents from harm, the facility can still be held responsible for not ensuring their safety.
  • Owners and Parent Companies – Many nursing homes are part of larger corporations or investment groups. If these owners create policies that lead to systemic neglect or abuse (such as cutting staff to save money), they can also be sued for failing to provide proper care.

Victims and their families can file civil lawsuits for damages, including medical costs, pain and suffering, and punitive damages. In severe cases, criminal charges may be brought against those responsible for abuse. Regulatory agencies can also impose fines, revoke licenses, or shut down facilities that fail to meet legal care standards.

When Should I Report Nursing Home Abuse and/or Neglect?

If you believe that a loved one is in immediate danger, then it is imperative to remove them from the situation as soon as possible. Follow elder abuse reporting guidelines. Once he or she is in a safe place, it is important to know that you have limited time to file an elder abuse claim in time to produce sufficient legal action.

Statutes of limitations are the limited amount of time after an incident in which an individual can file a suit. The length of time varies based on the type of injury and the type of facility where the abuse and/or neglect took place.

Due to the fact that laws and regulations regarding nursing homes are complex and vary from state to state, it is important to consult with an experienced elder abuse attorney as soon as possible. A thorough investigation takes time — the more time taken to search for evidence, the stronger your case will be.

For these and other reasons, it is important to file a nursing home abuse claim with the help of a nursing home neglect lawyer sooner rather than later. A detailed case is vital when facing a nursing home or assisted living facility, especially given that they will most likely retain their own legal team to protect against such allegations.

How Long Does a Nursing Home Lawsuit in California Take?

A nursing home abuse or neglect lawsuit typically takes between six months to two years to come to a conclusion, but the actual timeframe depends entirely on the unique circumstances of your case.

The process of a nursing home lawsuit is as follows:

  • Consultation with an attorney to determine if you have a case
  • Filing a notice of civil suit against the defendant
  • Pre-trial investigation and discovery
  • Submitting a demand letter to the defendant
  • Mediation, settlement, or trial to conclude your case

If you wish to speak to an experienced San Jose nursing home abuse lawyer about your case, contact Needham Kepner & Fish LLP today! We will happily discuss your potential case during a free consultation.

We Represent Seniors and Their Families in the Bay Area

If your loved one is in danger due to nursing home abuse, then you have no time to waste. The elder abuse attorneys at Needham Kepner & Fish LLP have decades of experience representing victims throughout the Bay Area, including in Santa Clara, Alameda and San Mateo counties.

We handle elder abuse cases on a contingency fee basis. This means that you pay us nothing unless you recover compensation. 

Call us today at (408) 716-1668 or fill out our online form. We provide free initial consultations to help you understand your legal options.

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