Attorney Alan Fassonaki and the team at Fassonaki Law Firm, P.C. secured a $325,000 settlement for an elderly client who suffered a serious fall and concealed fractures while under the care of a licensed skilled nursing facility in Los Angeles, California.

Facts of the Case

Our client was an elderly woman, who resided in Los Angeles County and qualified as an elder under the California Elder Abuse and Dependent Adult Civil Protection Act. She was admitted to a licensed skilled nursing facility for specialized medical, general, and skilled nursing care. By accepting her into its care for compensation, the facility established a custodial and caretaking relationship with our client, along with an ongoing responsibility to provide for her basic health, safety, and personal needs.

Shortly after her admission, our client suffered a severe fall at the facility. The fall caused a fracture, along with other physical injuries. Rather than properly documenting the incident in her medical records or notifying her legal representatives, the facility concealed both the fall and the resulting injuries. This concealment delayed the medical evaluation, diagnosis, and treatment our client urgently needed. As a direct result of that delay, her injuries were significantly worsened, leaving her to physical pain, severe mental and emotional anguish, a diminished quality of life, and the need for extensive ongoing medical care.

Legal Strategy: Establishing Negligence, Elder Abuse, and Liability

This case was pursued under California negligence, medical malpractice, and elder abuse law. Skilled nursing facilities owe their residents a heightened duty of care, and a resident who is an elder is entitled to an elevated level of custodial protection under California law.

Our legal strategy focused on proving that the facility:

• Breached its duty of care by failing to adopt and implement adequate policies and procedures to safely supervise and assist our client
• Failed to maintain enough trained, qualified staff on duty to properly supervise our client and prevent the fall
• Failed to secure prompt examination, treatment, and medical consultation immediately after the fall
• Concealed the fall and the resulting fractures, withholding necessary medical intervention and delaying critical care

This conduct supported multiple causes of action under California law:

• Medical Malpractice and Common-Law Negligence: The facility owed a duty to exercise reasonable care, skill, and diligence consistent with accepted medical standards. It breached that duty by failing to adequately supervise our client and failing to respond appropriately after her fall.
• Statutory Elder Abuse (Welfare & Institutions Code §§ 15600 et seq.): As a member of a protected class at heightened risk of neglect, our client was owed an elevated tier of custodial protection. Concealing a major fracture and withholding necessary medical care reflected a conscious and reckless disregard for an elder resident's safety and well-being.
• Violations of Health & Safety Code § 1430(b): As a licensed skilled nursing provider bound by Title 22 of the California Code of Regulations, the facility violated the resident rights protected under Title 22 § 72527, including the right to be free from neglect, the right to dignity, and the right to proper documentation and disclosure of medical care.

After the strength of this liability evidence was established, the case was resolved without the need for trial.

Disclaimer: This image is a stock photo obtained from Envato Elements and does not depict the actual scene, individuals, or events described.

Settlement Terms

The case was resolved for a $325,000 settlement. This recovery compensated our client for her physical injuries, pain and suffering, mental and emotional anguish, diminished quality of life, and the extensive medical care required as a result of the facility's neglect and concealment.

Results That Matter: California Nursing Home Abuse and Elder Neglect Lawyers

Nursing home falls and the concealment of resident injuries are preventable failures of care. Skilled nursing facilities have a legal obligation to supervise vulnerable residents, respond promptly to injuries, and document and disclose what happens under their watch. When they fail to meet that obligation, California law holds them accountable. If your elderly loved one was injured, neglected, or abused in a nursing home or skilled nursing facility, you may be entitled to compensation for their injuries and losses. Contact Fassonaki Law Firm, P.C. for a free consultation to discuss your case.

Frequently Asked Questions About Nursing Home Abuse and Elder Neglect in California

What counts as elder abuse or neglect in a California nursing home?

Under the California Elder Abuse and Dependent Adult Civil Protection Act, elder abuse includes physical harm, neglect, and the failure to provide the care that a reasonable caregiver would provide. In a nursing home, neglect can mean failing to supervise a resident, failing to prevent or respond to a fall, withholding needed medical care, or concealing an injury from the resident's family or representatives.

Who is liable when a nursing home resident suffers a fall?

A skilled nursing facility can be held liable when a resident's fall results from inadequate supervision, insufficient or poorly trained staff, or a failure to follow proper safety policies. Facilities owe residents a heightened duty of care, and when that duty is breached and a resident is injured, the facility may be responsible for the resulting damages.

Can a nursing home be held responsible for hiding a resident's injury?

Yes. Failing to document an injury, withholding treatment, and concealing what happened from a resident's family or legal representatives can support claims for negligence, statutory elder abuse, and violations of a resident's protected rights. Concealment that delays diagnosis and treatment often makes the original injury significantly worse, which can increase the facility's liability.

What are the warning signs of nursing home neglect?

Common warning signs include:

• Unexplained injuries, fractures, or bruising
• Bedsores or pressure ulcers
• Sudden weight loss, dehydration, or poor hygiene
• Unexplained changes in mood, behavior, or alertness
• Missing or incomplete medical records
• Staff who are evasive about how an injury occurred

If you notice these signs, it is important to document them and seek legal guidance promptly.

How much is a nursing home abuse or elder neglect case worth in California?

The value of a nursing home abuse case depends on several factors, including:

• The severity and permanence of the injuries
• The degree of neglect, recklessness, or concealment involved
• The medical treatment and ongoing care required
• The physical pain, emotional suffering, and loss of quality of life endured
• The facility's conduct and applicable insurance coverage

Each case is unique, and an experienced attorney can evaluate the specific circumstances to determine potential value.

Do I need a lawyer for a nursing home abuse or elder neglect case?

Nursing home and elder abuse cases involve complex statutory protections, medical records, and regulatory standards specific to licensed care facilities. Working with an experienced attorney can help ensure that the facility's conduct is properly investigated, the relevant standards of care are established, and your loved one receives full and fair compensation for their injuries and losses.

Disclaimer: Past results do not guarantee future outcomes. Each case depends on its unique facts and applicable law.