Why Families Trust Gomez Trial Attorneys in Assisted Living & Nursing Home Abuse Cases

Families turn to Gomez Trial Attorneys because we bring the same trial-tested approach used in some of California’s most high-profile cases to every nursing home abuse claim. Led by Attorney John Gomez, our team has secured over $750 million for clients, including more than 135 recoveries exceeding $1 million.

Our results matter, but our process is what families rely on. When you contact us, we step in immediately to protect your loved one and take over the investigative and legal responsibilities.

1. Immediate & Thorough Investigation: We gather photographs, video, medical records, staffing logs, witness statements, and facility records to determine what happened and who is responsible.
2. Identifying All Liable Parties: Abuse and neglect often stem from systemic failures. We evaluate the actions of caregivers, supervisors, administrators, medical providers, and corporate owners to identify every liable party.
3. Applying Federal & State Nursing Home Regulations: Long-term care providers are bound by strict California and federal laws. We identify violations involving understaffing, inadequate supervision, poor infection control, and other departures from required care standards.
4. Handling All Communications: We handle all communication with the facility, insurers, corporate counsel, and regulators so families can focus on their loved one.
5. Building a Trial-Ready Case: We prepare every case as if it will go to trial, managing filings, discovery, depositions, expert testimony, and negotiations to pursue full compensation.
6. Pursuing Full Financial Recovery: We fight for damages related to medical treatment, pain and suffering, emotional distress, loss of dignity, financial exploitation, and wrongful death.

For cases involving sexual misconduct, we collaborate with our specialized San Diego sexual abuse lawyer team to provide trauma-informed support and aggressive legal action.

Above all, we advocate not only for your loved one’s safety and recovery but also for accountability that prevents future harm to other vulnerable residents.

Working With a Nursing Home Abuse Attorney: What to Expect

Families can help strengthen their case by being transparent about what they’ve observed, preserving notes, photos, and medical information, and asking questions throughout the process.

Once retained, our team immediately moves to protect your loved one, secure evidence, and begin holding the facility accountable.

Types of Nursing Home Abuse in San Diego

Nursing home abuse and long-term care negligence can take many forms, and most cases involve overlapping failures rather than one isolated event. Understanding the categories of abuse can help families identify early warning signs.

Physical Abuse

Physical abuse includes any intentional or reckless use of force. According to the National Center on Elder Abuse, concerning signs include:

• Bruises, welts, cuts, or rope marks
• Broken bones or fractures
• Untreated wounds
• Signs of restraint
• Medication overdoses or withholding medications
• Sudden behavioral changes
• A resident reporting being hit, grabbed, or harmed
• Staff refusing to allow private visitation

Residents may also display fear of a particular caregiver or resident.

Sexual Abuse

Sexual abuse involves any non-consensual sexual contact or exposure. Indicators may include:

• Bruising around genital areas
• Unexplained sexually transmitted infections
• Torn or bloody undergarments
• Vaginal or rectal bleeding
• Behavior changes consistent with trauma

For guidance specific to sexual assault cases, see our resources on how to report sexual abuse and signs of sexual abuse.

Emotional Abuse

Emotional or psychological abuse includes intimidation, humiliation, threats, isolation, or verbal cruelty. Warning signs include:

• Withdrawal or non-responsiveness
• Unusual behaviors (rocking, biting, mumbling)
• Agitation or fear around staff
• Reports of verbal mistreatment

Neglect

Neglect is one of the most common forms of nursing home abuse.Even unintentional failures to meet basic care standards can cause serious and preventable harm.

Examples include:

• Poor hygiene or unclean conditions
• Malnutrition or dehydration
• Untreated medical issues
• Repeated falls
• Bedsores
• Unsafe or unsanitary living conditions
• Lack of supervision
• Medication errors
• Insufficient staffing or untrained workers

San Diego’s growing elderly population, with significant increases in senior residents in Carlsbad, Chula Vista, Escondido, and Oceanside, places heavy pressure on long-term care facilities across the county, often contributing to chronic understaffing and preventable neglect. The NIH reports dramatic growth in the global aging population, making proper staffing and oversight more important than ever.

Financial Abuse

Financial exploitation happens when someone misuses or steals a resident’s money, assets, or identity. Concerning signs include:

• Sudden bank account changes
• New loans or credit accounts
• Missing valuables
• Suspicious signatures
• Changes to wills or estate plans
• Charges for services never provided

What to Do If You Suspect Nursing Home Abuse

If something feels wrong, act immediately—your loved one’s safety depends on it. Families across San Diego, Chula Vista, La Mesa, El Cajon, and North County frequently contact us after noticing similar warning signs, and early action often prevents further harm.

1. If there is an urgent safety risk, call 911 and remove the resident from harm if possible.
2. Document what you observe. Photos, timestamps, medical changes, behavior changes, and conversations with staff all matter.
3. Report the situation to authorities. Many people are legally required to report abuse under California’s Elder Abuse and Dependent Adult Civil Protection Act. More on mandatory reporting is available in California’s published guidance.
4. Contact a nursing home abuse lawyer immediately. Early legal intervention protects evidence and prevents the facility from shifting blame.

We also assist families filing administrative reports with the California Department of Public Health, including the state’s complaint process, which you can access through CDPH’s official resources.

Legal Rights of Nursing Home Abuse Victims

Residents harmed by abuse or neglect may be entitled to compensation for:

• Medical treatment and rehabilitation
• Pain and suffering
• Emotional distress
• Loss of dignity or quality of life
• Financial losses caused by exploitation
• Wrongful death damages for surviving family members

Nursing home operations in California are governed by a complex framework of regulations, including Title 22 of the California Code of Regulations, OBRA (federal nursing home reform standards), and compliance requirements enforced by the California Department of Social Services (CCL) and Centers for Medicare & Medicaid Services (CMS). Violations of these rules often play a central role in proving negligence. Liability may fall on:

• Individual staff members
• Supervisors and administrators
• Corporate ownership groups
• Contract medical providers
• Other residents (in assaults or sexual abuse cases)

Abuse often reflects broader systemic failures like understaffing, poor hiring, or inadequate supervision—not just one person’s misconduct.

Criminal & Regulatory Investigations

Many abuse cases violate criminal laws and trigger involvement from agencies such as the San Diego County District Attorney’s Office, California Department of Public Health (CDPH), Adult Protective Services, and federal regulators including CMS. Our attorneys coordinate with:

• Law enforcement
• District Attorney’s offices
• California Department of Public Health
• Adult Protective Services
• Federal agencies when necessary

During criminal or administrative investigations, we work to ensure your loved one’s legal rights and privacy remain fully protected while we pursue civil compensation.

COVID-19 & Nursing Home Negligence

The COVID-19 pandemic revealed widespread failures in infection control, staffing, isolation procedures, and emergency planning in long-term care facilities. Nursing homes faced heightened obligations to protect residents, and many fell short. Even as restrictions have eased, inadequate infection control continues to cause preventable hospitalizations and deaths.

San Diego Nursing Home Negligence FAQ

How do I report nursing home abuse in San Diego?

You can report abuse to local law enforcement, San Diego County Adult Protective Services, or the California Department of Public Health (CDPH). Our attorneys can guide you through the reporting process while protecting your loved one’s legal rights.

What is nursing home negligence?

Negligence occurs when a facility fails to provide the level of care a reasonable provider would offer under similar circumstances. This can include poor hygiene, lack of supervision, unsafe conditions, untreated medical issues, or failure to follow care plans.

What are common signs of negligence?

Red flags include malnutrition, infections, dehydration, unexplained injuries, bedsores, behavioral changes, poor cleanliness, and frequent falls.

Is negligence the same as elder abuse?

Negligence is a form of elder abuse under California law. Abuse may be intentional or unintentional—both are grounds for legal action.

Can I sue a nursing home for negligence?

Yes. Facilities may be liable for medical costs, pain and suffering, emotional harm, and wrongful death. Contact an attorney before taking any steps that could affect your case.

What should I do if I believe my loved one is in danger?

Call 911 for emergencies. Document what you observe and consult a nursing home abuse attorney immediately.

What is the average nursing home abuse settlement in California?

Settlements vary widely depending on injuries, regulatory violations, and facility misconduct. Some cases resolve for tens of thousands, while serious neglect or wrongful death cases may result in six- or seven-figure recoveries.

How long do nursing home negligence cases take?

Timelines vary from a few months to more than a year, depending on evidence, injuries, and whether litigation or trial becomes necessary.

Do I need proof before contacting a nursing home abuse lawyer?

No. Suspicion alone is enough to start a consultation. Our team helps families investigate, document injuries, and obtain medical records to determine what happened.

Can a nursing home be held liable for COVID-19 outbreaks?

Yes, if the facility failed to follow CDC, CMS, or California infection-control standards, or ignored known risks such as understaffing, lack of PPE, or delayed medical care.

Contact a San Diego Nursing Home Abuse Attorney Today

Your loved one deserves safety, dignity, and proper care. If you suspect abuse or neglect in a San Diego nursing home, take action now. Contact our attorneys online at our contact page or call (619) 237-3490 for a free, confidential consultation.

We will help you understand your options, safeguard your loved one, and pursue the justice they deserve.