By Art Gharibian | Managing Attorney, Gharibian Law, APC
One of the most common questions I hear from families is, “How do I know if what happened to my loved one is actually neglect?”
It’s a fair question, and one that I’ve helped families navigate throughout my career representing victims of elder abuse and neglect in California.
When families place a parent, grandparent, or other loved one in a nursing home, they do so with the expectation that the facility will provide appropriate care, supervision, and attention. Unfortunately, that trust is not always justified.
Over the years, I’ve represented families whose loved ones suffered serious injuries, preventable medical complications, and even death while residing in nursing homes and assisted living facilities. In many of these cases, family members suspected something was wrong long before they contacted an attorney.
My advice is simple: You do not need to know that neglect occurred before speaking with an elder abuse attorney. If something doesn’t seem right, that’s reason enough to ask questions.
Recognizing the Warning Signs of Nursing Home Neglect
Not every injury or decline in health is the result of neglect. Elderly residents often have complicated medical conditions, and some deterioration may occur despite appropriate care.
However, certain injuries and changes in condition should raise concerns, particularly when they occur unexpectedly or the facility cannot provide a reasonable explanation.
Some of the most common warning signs I encounter in my practice include:
Pressure ulcers (bedsores): Particularly advanced wounds that develop or worsen without appropriate prevention, monitoring, or treatment.
Unexplained falls and fractures: Especially repeated falls involving residents who require assistance or supervision.
Significant weight loss or dehydration: Potential indications that a resident is not receiving adequate nutrition, hydration, or assistance with meals.
Untreated infections: Including urinary tract infections, wound infections, and other conditions that may worsen when symptoms are not recognized or addressed promptly.
Poor hygiene and inadequate personal care: Residents being left in soiled clothing, receiving inadequate bathing assistance, or experiencing prolonged delays in toileting.
Unexplained bruising or injuries: Particularly when staff cannot explain how an injury occurred or provide inconsistent accounts.
Sudden changes in behavior or mental status: Including withdrawal, fearfulness, confusion, or other unexplained changes.
One important point I frequently explain to families is that the injury itself does not necessarily establish neglect. What matters is whether the facility took reasonable steps to prevent foreseeable harm and responded appropriately when problems arose.
That distinction is often at the center of an elder abuse case.
What Concerns Me Most When Reviewing a Potential Nursing Home Neglect Case
When a family contacts my office, I don’t simply look at the injury or the ultimate outcome. I want to understand what happened in the days, weeks, and sometimes months leading up to it.
For example, if a resident suffers a serious fall, I want to know whether the facility recognized that the resident was at risk of falling. Was a fall prevention plan developed? Was the resident supposed to receive assistance with transfers or walking? Were appropriate precautions actually implemented?
Similarly, when reviewing a case involving a pressure ulcer, I examine whether the facility properly assessed the resident’s skin, identified risk factors, implemented preventive measures, and responded when the wound began to develop.
These details matter because nursing home neglect cases are often about more than a single incident. They may involve a series of missed opportunities to recognize and prevent harm.
In my experience, some of the most significant evidence of neglect is found not in what the facility documented, but in what the facility failed to do.
Don’t Assume the Facility’s Explanation Tells the Whole Story
Another issue I frequently encounter is that families are given explanations that seem reasonable at first but raise additional questions once the medical records are reviewed.
A family may be told that a fall was unavoidable, that a pressure ulcer developed suddenly, or that a resident’s deterioration was simply a consequence of old age.
Sometimes those explanations are medically justified. Other times, they are not supported by the records.
I encourage families to ask questions and pay attention when explanations are inconsistent, incomplete, or difficult to reconcile with what they personally observed.
For instance, if a facility claims a resident was being regularly monitored, but the records reflect lengthy gaps in care, that discrepancy deserves further investigation.
Likewise, when a resident is repeatedly hospitalized for dehydration, infections, or other potentially preventable conditions, it’s important to examine whether the facility was appropriately monitoring and addressing the resident’s needs.
Families should never feel that they are being unreasonable simply because they want answers about their loved one’s care.
Why Medical Records Are So Important
One of the first things my office does when evaluating a potential nursing home neglect case is obtain and review the relevant medical records.
These records can help us determine what the facility knew, when it knew it, and what actions were taken in response.
Depending on the circumstances, our investigation may include reviewing nursing notes, physician orders, care plans, medication administration records, assessments, hospital records, and other relevant documentation.
We also look for inconsistencies between the facility’s records and the family’s account of what occurred.
In some cases, we consult with medical professionals to better understand whether the care provided met applicable standards and whether failures in care contributed to the resident’s injuries.
This is why I tell families not to worry if they don’t have all the medical records when they first contact us.
You don’t need to conduct your own investigation before speaking with an attorney. That’s our responsibility.
What If Your Loved One Is Still Living at the Facility?
I understand that families are sometimes reluctant to contact an attorney because their loved one is still residing at the nursing home.
They worry that raising concerns or pursuing legal action could negatively affect the care their family member receives. That concern is understandable, particularly when a resident depends on facility staff for basic daily needs.
California law provides protections against retaliation for exercising residents’ rights and raising complaints about care.
Nevertheless, I believe these situations require careful consideration. The resident’s immediate health, safety, and well-being must always come first.
Depending on the circumstances, families may need to address concerns directly with the facility, request additional medical evaluations, contact regulatory authorities, or consider transferring their loved one to another care setting.
An attorney can help families understand their options while being mindful of the resident’s ongoing care needs.
When Should You Contact an Elder Abuse Attorney?
My recommendation is to contact an experienced elder abuse attorney as soon as you have a reasonable concern that your loved one may have suffered preventable harm.
You should not wait until you have gathered every medical record, received the results of a state investigation, or obtained confirmation from the facility that something went wrong.
There are several reasons why acting promptly matters.
First, important evidence may become more difficult to obtain as time passes. Witnesses may leave the facility, memories fade, and certain records may become harder to locate.
Second, California has legal deadlines for pursuing elder abuse, negligence, and wrongful death claims. The applicable deadline depends on the nature of the claim and the particular circumstances, and some cases involve shorter notice requirements.
Finally, an early legal evaluation may help families better understand what happened and whether there are grounds to pursue legal action.
That does not mean every concerning incident should result in a lawsuit. In fact, part of my responsibility as an attorney is to distinguish between unfortunate medical outcomes and situations where negligence or neglect may have caused preventable harm.
How I Approach Elder Abuse and Nursing Home Neglect Cases
As the managing attorney of Gharibian Law, my practice focuses on representing elderly and dependent adults who have suffered abuse or neglect in nursing homes, assisted living facilities, and other long-term care settings.
Over the course of my career, I’ve seen firsthand the devastating impact that inadequate care can have on residents and their families.
I’ve also seen how difficult it can be for families to obtain straightforward answers when something goes wrong.
When someone contacts my office, my priority is to understand the circumstances, carefully evaluate the available evidence, and provide an assessment of whether the case has legal merit.
We investigate the facility’s conduct, review the medical records, and, when appropriate, consult with qualified medical experts.
We also consider the practical realities of litigation, including whether the available evidence supports the necessary legal elements and whether pursuing a claim is in the client’s best interests.
I believe families deserve a candid assessment of their options, even when the evidence ultimately does not support moving forward with a lawsuit.
What Families Should Do If They Suspect Nursing Home Neglect
If you’re concerned about the care your loved one is receiving, there are several practical steps you can take.
Start by documenting what you’ve observed. Keep a timeline of concerning incidents, including dates, conversations with staff, changes in your loved one’s condition, and any explanations provided by the facility.
Photographs of visible injuries, when appropriate, can also be helpful.
Request copies of relevant medical records if you are legally authorized to do so, and keep any communications you receive from the facility.
If your loved one requires urgent medical attention, prioritize obtaining that care rather than waiting for a legal evaluation.
Families may also report suspected neglect to the California Department of Public Health, the Long-Term Care Ombudsman, or other appropriate authorities, depending on the type of facility and circumstances.
Most importantly, consider consulting an attorney who regularly handles elder abuse and nursing home neglect cases.
An experienced attorney can help determine whether the circumstances warrant further investigation and explain the available legal options.
Final Thoughts: Trust Your Concerns and Ask Questions
If there’s one thing I want families to take away, it’s that you should never hesitate to ask questions when you’re concerned about a loved one’s care.
Not every injury is evidence of neglect, and not every unfortunate outcome could have been prevented.
But when an elderly resident suffers an unexplained injury, experiences a sudden decline, or receives care that raises serious concerns, those circumstances deserve attention.
Throughout my career, I’ve spoken with many families who initially questioned whether they were overreacting. Often, they simply wanted to understand what happened and whether something could have been done differently.
That is exactly why a thorough investigation matters.
You don’t need to have all the answers before contacting an elder abuse attorney. You just need a reason to ask the questions.
At Gharibian Law, we focus on representing victims of elder abuse and nursing home neglect throughout California. If you believe your loved one may have suffered preventable harm, I encourage you to contact our office for a free, confidential consultation.
Art Gharibian
Managing Attorney | Gharibian Law, APC
Glendale, California
(877) 460-1187
www.gharibianlaw.com
This article is intended for general informational purposes only and does not constitute legal advice. Every case depends on its specific facts and circumstances. Reading this article or contacting the firm does not, by itself, establish an attorney-client relationship.