Los Angeles Elder Abuse & Neglect Attorneys Fighting for the Justice Your Family Deserves
When abuse or neglect happens in nursing home, assisted living, hospital, memory care, or other care setting, your family deserves answers, accountability, and a team that will fight for your loved one. Proudly serving families throughout Los Angeles and surrounding California communities.
Why Families Choose Smith Clinesmith
America’s Largest Nursing Home Abuse Litigation Firm
28+ years of experience
Our firm specializes in elder abuse and neglect
We handle cases across 17 states including California
We work on a *contingency basis meaning you pay nothing until we win a settlement or verdict
Aggressive advocacy. Proven results.
Concerned About the Care You or a Loved One Received?
Abuse and neglect are not always easy to recognize. Unexplained injuries, sudden changes in behavior, poor hygiene, dehydration, malnutrition, medication issues, or worsening medical conditions may raise questions about the care your loved one received.
Common concerns we investigate include:
Bedsores/Pressure Ulcers/Sepsis
Falls/Fractures/Serious Injury
Fatal Neglect/Wrongful Death
Medication Errors/Overdose
Dehydration/Malnutrition/Aspiration Pneumonia
Inadequate Supervision
Delayed Medical Care
You don’t need to have all the answers before speaking with an attorney.
Your Family Deserves Answers
If you believe your loved one may have suffered abuse or neglect, tell us what happened. Our team can review your situation and help you understand your options.
Our commitment to justice is evident in our ability to secure top verdicts and settlements for victims of nursing home abuse. Our track record speaks volumes, with a standout example being a $1.45 million jury verdict we secured in Texas. This remarkable outcome, arising from a case of elder neglect, multiple falls, a brain injury, and wrongful death, underscores our ability to achieve top-tier results for victims of nursing home abuse.
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While it depends on the state, nursing home neglect is often defined as the failure to provide a resident with services essential to health and safety. This can include issues such as dehydration or malnutrition, improper or lack of supervision, failure to provide toileting and hygiene, failure to transfer to a higher level of care, and a lack of proper medical care. If these failures are determined to be reckless or intentional, they may be considered abuse. Abuse can also consist of physical, sexual, emotional, or financial abuse.
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Look out for unexplained injuries, sudden behavior changes, or signs of neglect such as poor hygiene. Are they receiving sufficient nutrition and hydration? Do you see significant weight loss? Are call lights left unanswered for long periods of time? Are staff available to attend to residents’ needs? These are only a few of the many signs and symptoms of nursing home abuse or neglect — you can read more signs here.
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Reporting procedures vary by state, but generally, you can contact your local nursing home Ombudsman or Adult Protective Services. Document any signs of abuse with photos, keep a written journal of incidents, send emails to the Director of Nursing and/or Administrator, or gather medical records. Witness statements can also be crucial. For example, is there a nurse or CNA reporting these conditions and other events negatively impacting your loved one? These individuals may be willing to write down what they observe.
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Legal actions may include filing a lawsuit for negligence, abuse, wrongful death, violation of a resident’s rights, or reporting to law enforcement if criminal behavior is suspected. The statute of limitations varies by state, so it's important to consult with an attorney promptly if you suspect neglect or abuse.
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Residents have the right to proper medical care, dignity, privacy, and freedom from abuse. There are state and federal laws that protect residents living in nursing homes. Familiarize yourself with Your Rights and Protections as a Nursing Home Resident.
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Regularly visit the facility and consider doing so at varying times of day. Staff should be trained to recognize and prevent abuse, and the facility should have clear protocols for reporting and addressing concerns. Maintain an open line of communication with the caregivers and your loved one, and know the signs of abuse or neglect so that you can properly advocate for your loved one.
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Laws vary, but some states allow it. Check local regulations and, if permitted, inform the facility, and take steps to install a camera in your loved one’s room. The more you can see, even when you are not present, the more likely you can take prompt steps to help protect your loved one if something happens.
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The nursing home cannot alter medical records and cannot refuse to release records to an individual with the proper authority to request them.
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With qualifying cases, we often work on a contingency basis, which means you do not pay anything until we have won a settlement or verdict. (Schedule your free consultation here.)
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Compensation may include medical expenses, pain and suffering, and, in cases of wrongful death, funeral and burial expenses, and loss of companionship, love and society. Punitive damages, meant to punish the defendants for their wrongful conduct, are also available in some states and under egregious conditions.
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Cases of neglect and abuse can sometimes be difficult to prove, but we utilize resources like medical records, medical experts, data from the federal government regarding staffing and funding of the nursing home, and investigators to identify instances of nursing home abuse and neglect and/or a systemic failure at the facility based on corporate misconduct.
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The timeline varies on a case-by-case basis. Generally, cases take anywhere from 6 months to 2 years. During the lawsuit, we strongly recommend moving your loved one out of the facility where the abuse or neglect occurred. With the decades of experience we have in this area, we can help you navigate the process of moving your loved one during the course of the lawsuit, and after.
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This will depend on the level of evidence we are able to compile and the chances the defense counsel is willing to take in the courtroom. Many of these nursing homes do not want to make their forms of abuse public and are agreeable to an out-of-court settlement. A testimony by you or your loved one may be required, depending on the circumstances.
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If your case involves a wrongful death, we recommend getting in touch with a lawyer as soon as reasonably possible. While this may be difficult, nursing homes are known to destroy evidence; the faster we can be aware of the situation, the more we can recover.
Practice Areas
Nursing Home Abuse
Nursing home residents deserve dignity, respect, and proper care. When abuse occurs in a nursing home, assisted living facility, or other healthcare setting, residents and their families may have legal options.
Smith Clinesmith represents individuals and families affected by physical abuse, sexual abuse, emotional abuse, and other forms of mistreatment. Our nursing home abuse attorneys investigate suspected abuse and pursue accountability when facilities fail to protect vulnerable residents.
Bedsores & Pressure Injuries
Bedsores, also known as pressure ulcers or pressure injuries, can become serious when residents do not receive proper care, repositioning, or monitoring. Severe pressure injuries may lead to infection, hospitalization, and other complications.
Smith Clinesmith represents individuals and families affected by serious bedsores in nursing homes, assisted living facilities, and other healthcare settings. Our bedsore attorneys investigate whether inadequate care or neglect contributed to the injury and help families pursue accountability.
Falls & Broken Bones
Falls in nursing homes and assisted living facilities can lead to serious injuries, including broken bones, hip fractures, head injuries, and other complications. In some cases, inadequate supervision, unsafe conditions, or improper assistance may contribute to a preventable fall.
Smith Clinesmith represents individuals and families affected by serious nursing home falls and fall-related injuries. Our attorneys investigate what happened and pursue accountability when neglect or inadequate care may have played a role.
Elder Wrongful Death
Losing a loved one after suspected abuse or neglect in a nursing home, assisted living facility, or other healthcare setting can leave families with difficult questions. When inadequate care may have contributed to their death, understanding what happened matters.
Smith Clinesmith helps families investigate potential nursing home wrongful death claims and understand their legal options. If you have concerns about the care your loved one received, contact our team for a free, confidential case evaluation.
Sepsis
Sepsis is a serious medical emergency that can develop when an infection is not properly recognized or treated. In nursing homes and assisted living facilities, infections related to pressure injuries, UTIs, wounds, or other conditions may lead to life-threatening complications.
Smith Clinesmith represents individuals and families affected by sepsis when neglect or inadequate care may have contributed. If you or a loved one developed sepsis in a healthcare facility, contact our team for a free, confidential case evaluation.
Nursing Home Neglect
Nursing home neglect can occur when residents do not receive the care, supervision, or attention they need. Warning signs may include unexplained injuries, bedsores, falls, dehydration, malnutrition, medication errors, or worsening health conditions.
Smith Clinesmith helps individuals and families investigate suspected nursing home neglect and determine whether inadequate care contributed to a serious injury. If something about the care you or a loved one received concerns you, contact our team for a free, confidential case evaluation.
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