042: Nursing Home Abuse and Elder Neglect: What Families Need to Know About Legal Rights and Claims in California
When a loved one enters a nursing home, most families assume they're safe. James Morgan, founding partner at Lanzone Morgan, LLP in Long Beach, has spent 26 years proving that assumption wrong and fighting back when it fails.
Morgan breaks down how skilled nursing facilities are licensed in California, where families can research complaint histories (canhr.org is the first stop), and what the warning signs of elder abuse and neglect actually look like. He also clarifies two legal claims that confuse almost everyone: the survival action, which belongs to the deceased, and the wrongful death claim, which belongs to the heirs. They're different cases, different money, and sometimes a source of real conflict when estate beneficiaries and heirs aren't the same people.
Sam Price covers exactly why probate attorneys need to understand this area of law, and why getting documents in order before a crisis hits changes everything.
In this episode, you will hear:
- What skilled nursing facilities are and how they differ from hospitals
- How California licenses and regulates nursing homes
- Where to research complaint histories and red flags before choosing a facility
- The legal difference between elder abuse and negligence claims
- What survival actions and wrongful death claims are, and why they pay out differently
- When and why a probate needs to be opened to pursue an elder abuse case
- How conflicting interests between estate beneficiaries and heirs can complicate settlements
Resources from this Episode
The 6-Stage Probate Process: How to Navigate California Probate
Look Up Any California Nursing Home: http://canhr.org
Contact Lanzone Morgan, LLP: lanzonemorgan.com/contact/
Learn more about James: lanzonemorgan.com/our-team/james-morgan/
LinkedIn: linkedin.com/company/lanzone-morgan-llp/
YouTube: https://www.youtube.com/@LanzoneMorganLLP
Facebook: https://www.facebook.com/lanzonemorgan/
Instagram: instagram.com/lanzonemorgan/
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