Palm Springs Nursing Home Abuse Lawyers

Choosing a nursing home for a loved one is one of the most important—and often difficult—decisions a family can make. You trust the facility to provide compassionate care for your family member. Unfortunately, nursing home abuse does happen in communities like Palm Springs and other areas with high senior populations.

If you believe a loved one is suffering abuse in a Palm Springs nursing home, understanding your rights and signs of abuse are crucial. This guide answers common questions about nursing home abuse in California, and the steps to take if you suspect neglect or harm.

Did you or a loved one suffer abuse in a Palm Springs nursing home? The litigation attorneys at The Dominguez Firm can help. Call us today for a free consultation at (800) 818-1818. We are here for you!

What Are the Most Common Signs of Nursing Home Abuse?

Abuse in nursing homes can be subtle or obvious, and it’s not always physical. Here are the most frequent warning signs families should watch for:

• Unexplained Injuries: Bruises, cuts, burns, or broken bones, especially when staff cannot provide a clear explanation.
• Bedsores (Pressure Ulcers): Often a red flag for neglect (see more below).
• Sudden Weight Loss or Dehydration: Malnutrition or dehydration may indicate neglect or improper care.
• Poor Hygiene: Dirty clothing, unwashed hair, and foul odors suggest staff aren’t providing basic personal care.
• Frequent Falls: Multiple falls can be due to poor supervision or unsafe conditions.
• Changes in Personality: Withdrawal, depression, anxiety, or fearfulness around certain staff members.
• Reluctance to Speak: A resident who seems scared to talk in front of staff may be hiding abuse.
• Unexplained Financial Changes: Missing money or sudden changes in financial accounts can signal financial abuse.
• Environmental Neglect: Dirty rooms, soiled bedding, pests, or unsafe facility conditions.

If you notice any of these signs, take them seriously and investigate further.

Why Are Bedsores a Sign of Neglect in Nursing Homes?

Bedsores, also known as pressure ulcers, develop when someone remains in the same position for too long, causing skin and tissue to break down. In nursing homes, bedsores are almost always preventable with proper care:

• Regular repositioning of immobile residents
• Routine skin checks
• Clean bedding and clothing
• Adequate nutrition and hydration

When bedsores develop, especially if they are severe or recurring, it often means staff are not providing the basic care required. Untreated bedsores can lead to serious infections, hospitalization, and even death. The presence of bedsores is considered a strong indicator of neglect and can be grounds for legal action against the facility.

What Should You Do If You Suspect Nursing Home Abuse or Neglect?

If you believe your loved one is being abused or neglected in a Palm Springs nursing home, report your concerns right away. First, speak directly with the nursing home’s administrator or director of nursing. Document your conversation and any responses.

Then, depending on the circumstances, contact one or more of the following authorities:

1. For skilled nursing facilities: File a complaint with the California Department of Public Health, (CDPH).
2. For assisted living facilities (also called Residential Care Facilities for the Elderly): Report your concerns to the California Department of Social Services, Community Care Licensing Division (CDSS).
3. Contact the Local Long-Term Care Ombudsman: Ombudsmen are advocates certified by the California Department of Aging. They help nursing homes and assisted living facility residents resolve complaints, mediate with facility staff, and refer serious issues to the appropriate agencies.
   Call 1-800-231-4024 in California to connect with your local ombudsman program.
4. Call Adult Protective Services (APS): If the person is over 65 or a dependent adult and you suspect neglect, abuse, or exploitation, contact APS in your county.
   In this case, it would be Riverside County. They can investigate and provide immediate intervention when needed.
5. Contact Law Enforcement: If there is immediate danger or you suspect a crime has been committed (such as physical assault, financial exploitation, or sexual abuse), call 911 or your local police department.
6. Consult a Palm Springs Nursing Home Abuse Lawyer: A personal injury lawyer can help you understand your rights, gather evidence, and take legal action if necessary.

Can I Sue if My Loved One Was Abused by an Outside Person?

Yes, you may be able to file a lawsuit even if the abuser was not a facility employee. Nursing homes have a legal duty to protect residents from foreseeable harm, including abuse by third parties such as visitors, vendors, or other residents. If the facility didn’t provide adequate supervision, security, or failed to act on known risks, it can be held liable for negligence. 

Is it Abuse if the Staff is Overworked Due to a Lack of Employees?

Yes, understaffing and overworked employees can cause neglect, which is a form of abuse. Even if individual staff members are doing their best, the facility must ensure adequate staffing levels and proper care. Chronic understaffing can lead to missed medications, poor hygiene, delayed responses, and an increased risk of injuries or medical complications.

Regardless of the reason for the staffing shortage, the nursing home can be held liable for neglect if there are not enough employees to meet residents’ needs.

What Kind of Evidence is Needed to Prove Abuse?

Whether the abuse occurred in a nursing home in Cathedral City, Indio, or any other city in the Coachella Valley, proving it requires strong evidence.

• Medical records: Documentation of injuries, illnesses, or changes in health status.
• Care logs and facility records: Details about staff assignments, care provided, and incident reports.
• Photographs and videos: Images of injuries, bedsores, bruises, or unsafe conditions.
• Witness statements: Testimony from staff, other residents, visitors, or family members.
• Surveillance footage: Security camera recordings from the facility.
• Personal logs or journals: Notes kept by the resident or family documenting incidents, symptoms, or behavioral changes.
• Financial records: In cases of financial abuse, bank statements and transaction histories.

Collect as much evidence as possible to strengthen your case and establish a clear timeline of events and harm caused.

How Long Do I Have to File a Lawsuit Against the Nursing Home?

In California, the deadline for filing a nursing home abuse lawsuit is generally two years from the date the injury or abuse was discovered (or reasonably should have been discovered). For wrongful death claims, the timeline typically begins on the date of death. Missing these deadlines can result in losing your right to pursue any compensation. 

Regardless of these time limits, don’t delay taking legal action. Vital evidence will most likely be lost, and defense attorneys will question why you waited. Contact a nursing home abuse attorney once you are aware of the abuse or cause of death of your family member.

What Compensation Is Available for Nursing Home Abuse Victims?

Victims of nursing home abuse or neglect in California are eligible for compensation, legally known as damages. The amount will depend on the circumstances and extent of the harm suffered. 

Damages are generally divided into two main categories: economic and non-economic damages. In some cases, punitive damages may also be available.

Economic Damages

Economic damages are the clear financial losses caused by the abuse. These are intended to reimburse the victim or their family for the financial impact of the abuse or neglect. Examples include:

• Medical Expenses: Costs for hospital stays, doctor visits, surgery, prescription medications, physical therapy, rehabilitation, and any ongoing or future medical care required due to injuries or neglect.
• Relocation Costs: Expenses incurred if the victim needs to move to a new, safer facility as a result of the abuse.
• Property Damage or Loss: Reimbursement for stolen or damaged personal property, including financial exploitation or theft by staff or other residents.
• Lost Wages or Income: If family members miss work to care for the abused resident, lost wages may be recoverable.

Non-Economic Damages

Non-economic damages compensate for the emotional losses due to abuse or neglect. These damages can’t be added up on a calculator but often make up the bulk of the compensation awarded. Examples include:

• Pain and Suffering: Compensation for the physical pain and discomfort endured by the victim because of abuse or neglect.
• Emotional Distress: Payment for psychological harm, such as anxiety, depression, fear, humiliation, or post-traumatic stress.
• Loss of Enjoyment of Life: Damages for the diminished quality of life, including the inability to participate in activities or enjoy relationships as before.
• Loss of Dignity and Independence: Recognition of the humiliation, loss of autonomy, or decreased self-worth caused by mistreatment.
• Disability or Disfigurement: Compensation for permanent injuries, scarring, or loss of function that impacts the victim’s daily life.

Punitive Damages

Punitive damages may be awarded in cases of especially malicious or reckless misconduct by the nursing home and/or an individual. These are not meant to compensate the victim, but rather to punish the wrongdoer and deter similar behavior in the future. 

Punitive damages are only available when there is clear evidence of malice, fraud, or willful disregard for the resident’s safety.

What Are My Rights if a Family Member Died Due to Nursing Home Abuse?

If your loved one died due to nursing home abuse or neglect, you may have the right to file a wrongful death lawsuit under California law. This type of lawsuit holds nursing homes and their staff accountable for fatal misconduct or negligence and secures financial support for surviving family members.

A wrongful death lawsuit can be brought against a person, company, or institution (such as a nursing home) whose wrongful act or negligence caused someone’s death. This could include fatal injuries from physical abuse, neglect (such as untreated bedsores or dehydration), medication errors, or unsafe living conditions.

Who Can File a Wrongful Death Lawsuit in California?

California law is specific about which family members can file a wrongful death claim and only one can be filed. They are, in order:

• Surviving spouse or registered domestic partner
• Children of the deceased, including biological and adopted children
• Grandchildren, if the deceased’s children are also deceased
• Other minor children, such as stepchildren who were dependent on the deceased for at least 50% of their financial support
• Other heirs, as determined by California’s intestate succession laws. Examples include cousins if there are no close relatives
• Personal representative of the deceased’s estate who acts on behalf of all eligible survivors

If you are unsure whether you qualify, consult with a qualified wrongful death attorney.

What Types of Damages Are Available in a California Wrongful Death Lawsuit?

The damages available to you for a wrongful death lawsuit are similar to those for nursing home abuse with a few minor differences such as compensation for burial expenses.

Economic Damages

These are the financial losses resulting from your loved one’s death:

• Funeral and burial expenses
• Medical bills related to the final illness or injury
• Loss of financial support the deceased would have provided to family members
• Loss of benefits or gifts the family would have reasonably expected to receive
• Value of household services the deceased would have provided (such as childcare, cooking, or maintenance)

Non-Economic Damages

These compensate for the emotional and intangible losses suffered by the family, including:

• Loss of companionship, love, affection, and support
• Loss of consortium (for spouses or partners)
• Loss of guidance and mentorship (for children)
• Emotional pain and suffering experienced by the survivors
• Pain and suffering of the deceased

As of 2024, and continuing into 2025, California law allows families to recover damages for the pain, suffering, or disfigurement the deceased experienced before death. This is a significant change, as it recognizes the suffering endured by the victim before passing as part of the damages awarded to the family.

Are There Limits as to the Compensation I Can Receive?

California has no cap on the compensation awarded for most wrongful death and personal injury cases, except those involving medical malpractice, where the cap is gradually increasing each year. As of 2025, the non-economic damages cap for wrongful death in medical malpractice cases is $550,000, and it will continue to rise by $50,000 annually until it reaches $1 million. 

Call The Palm Springs Nursing Home Abuse Lawyers at The Dominguez Firm Today

Nursing home abuse and neglect are heartbreaking. In Palm Springs and throughout the Coachella Valley, where many seniors seek comfort and care, vigilance is essential to ensure that loved ones are treated with the respect and dignity they deserve. Knowing the signs of abuse, understanding your legal rights, and taking prompt action can make all the difference.

If you suspect nursing home abuse or neglect, don’t wait. Document your concerns, report the situation to the proper authorities, and hire an experienced Palm Springs nursing home attorney from The Dominguez Firm to protect your loved one’s safety and well-being. 

Call us today at (800) 818-1818 for a free consultation. With the right support, you can hold negligent facilities accountable and secure justice for those who cannot always speak for themselves.