Nursing homes and assisted living facilities have an important responsibility—caring for our elderly and vulnerable loved ones. Sadly, it’s not uncommon for these facilities to fall short of their obligations to provide the best care possible. In some cases, nursing homes are fraught with abuse and neglect—including those in our own backyard.
In April 2025, The Modesto Bee published a list of some of the highest- and lowest-rated nursing homes in the Modesto area, including three that had been cited for abuse on Medicare’s official nursing home database.
If your loved one has been abused or neglected in a Modesto nursing home, Berg Injury Lawyers is here to help. We hold negligent nursing homes accountable and fight to obtain compensation for abused residents and their loved ones.
Contact our Modesto nursing home abuse lawyers today for a free consultation.
Nursing Home Abuse Is Far Too Common
A 2021 study published in Cureus Journal of Medical Science reported that out of 2,000 interviewed nursing home residents in the U.S., 44% reported being victims of abuse and 95% reported experiencing neglect or witnessing other residents be neglected by staff. In addition, the study reports that 40% of nursing home staff members admitted to committing at least one instance of psychological abuse over a 12-month period.
These shocking statistics highlight the need for families of people who live in nursing homes to make frequent and unannounced visits to check on them. In addition, knowing the types of abuse can help you spot it faster, protecting your loved one’s health and wellbeing.
Types of Nursing Home Abuse and Neglect
Nursing home residents are vulnerable to many different types of abuse and neglect, including:
- Psychological Abuse: Psychological abuse involves actions that cause emotional pain, distress, or anguish. This can include verbal assaults, threats, harassment, or intimidation.
- Physical Abuse: Physical abuse refers to the use of physical force that may result in bodily injury, physical pain, or impairment. This includes actions like hitting, slapping, pushing, or improper use of restraints.
- Financial Abuse: Financial abuse involves illegal or unauthorized use of an older person’s money, property, or assets. This can include theft, fraud, forgery, or improper use of power of attorney.
- Neglect: Neglect is the failure to provide necessary care, assistance, or attention to an older person, resulting in harm or distress. This can include failing to provide adequate food, shelter, healthcare, or protection.
An example may be failing to help a resident with their hygiene needs or leaving a bedbound resident alone for extended periods of time. - Sexual Abuse: Sexual abuse involves non-consensual sexual contact of any kind. This includes unwanted touching, sexual assault, or coerced nudity.
Nursing Home Residents’ Rights in California
In California, nursing home residents retain their fundamental civil and human rights upon admission to facilities. Both federal and state regulations mandate these rights, ensuring that the California Department of Public Health monitors nursing homes to safeguard and promote them.
These rights encompass all aspects of life within the nursing home, including:
- Admission Rights: The right to fair and non-discriminatory admission processes.
- Choice of Activities: The right to choose how to spend time and participate in preferred activities.
- Free Choice: The right to make independent choices regarding care and lifestyle.
- Freedom From Abuse: The right to be free from physical, emotional, and financial abuse.
- Freedom From Restraints: The right to be free from unnecessary physical and chemical restraints.
- Grievances: The right to file complaints and have them addressed promptly.
- Group Participation: The right to join and engage in resident groups and activities.
- Living Accommodations: The right to suitable living conditions and accommodations.
- Medical Care and Treatment: The right to appropriate medical care and involvement in treatment decisions.
- Participation in Care Planning: The right to be involved in developing and adjusting care plans.
- Privacy and Confidentiality: The right to personal privacy and confidentiality of personal and medical information.
- Protection of Money and Possessions: The right to safeguard personal money and belongings.
- Quality Care: The right to receive high-quality care and services.
- Quality of Life: The right to enjoy a decent standard of living.
- Resident Records: The right to access and manage personal records.
- Transfer and Discharge Rights: The right to be informed about and participate in transfer or discharge planning.
- Visitors: The right to receive visitors without restrictions.
Additionally, nursing homes are required to provide interpreters to ensure understanding of these rights for residents facing language or hearing barriers. If a resident is unable to comprehend their rights, the nursing home must explain them to a designated representative.
Nursing homes and senior living facilities that frequently violate residents’ rights face not only lawsuits and potential criminal investigations, but they can even be shut down by the state. In 2021, Fox 40 reported that Pacifica Senior Living in Modesto faced a shutdown by the California Department of Social Services after it had received nearly 80 citations for violations, including failing to report sexual assaults and residents’ falls to their families.
Resources for Abused Nursing Home Residents and Their Families
It’s devastating to find out that your loved one was mistreated or abused in the place that’s supposed to care for them, and many people feel helpless after discovering this violation of trust. Thankfully, there are options in Modesto and Stanislaus County to help vulnerable adults who have been abused or neglected as well as their loved ones:
Stanislaus County Community Service Agency – Adult Services: This agency provides protection to elderly or disabled adults who are victims of abuse or neglect.
Stanislaus County District Attorney: In some cases, nursing home abuse is considered a crime. The Stanislaus County District Attorney’s office provides opportunities for victims and their family members to report elder abuse, including at nursing homes, through various links and phone numbers listed on its website.
Catholic Charities Stanislaus County Ombudsman Program: This program helps residents who live in long-term care or nursing homes in Modesto and other parts of Stanislaus County. It advocates for residents’ dignity, quality of life, and quality of care.
How a Nursing Home Abuse Lawyer in Modesto Can Help
If you suspect that your loved one is being abused or neglected, you might not know where to start. These cases can be complex, which is why it’s helpful to have an advocate fighting for the rights of your loved one.
An experienced nursing home abuse attorney can help you by:
- Investigating the Abuse: Thoroughly examining the circumstances of the abuse or neglect, collecting evidence, interviewing witnesses, and reviewing medical records to build a strong case.
- Filing Legal Claims: Assisting with the preparation and filing of claims against the nursing home or responsible parties, ensuring all legal requirements and deadlines are met.
- Negotiating Settlements: Engaging in negotiations with the nursing home and their insurance companies to seek fair compensation for the harm suffered by your loved one.
- Providing Guidance and Support: Offering emotional support and professional guidance throughout the legal process, helping you understand your options and make informed decisions.
By hiring a nursing home abuse lawyer, you can focus on supporting your loved one while the attorney handles the legal complexities, working diligently to secure a safe and just outcome.
Contact Our Modesto Nursing Home Abuse Lawyers Today
If you believe a loved one is being mistreated or neglected in a nursing home, get legal help as soon as possible. At Berg Injury Lawyers, our Modesto nursing home abuse attorneys can help you throughout the process.
You might be worried about hiring an attorney because of the potential cost, but at Berg Injury Lawyers, if you don’t win, you pay nothing. There’s also no cost or obligation to hire simply to speak to one of our lawyers. We call that our No Fee Guarantee®.
Contact Berg Injury Lawyers today for a free consultation.
