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: https://a.co/d/82310Rw  Look Up Any California Nursing Home: http://canhr.org  Contact Lanzone Morgan, LLP: https://lanzonemorgan.com/contact/  Learn more about James: https://lanzonemorgan.com/our-team/james-morgan/  LinkedIn: https://www.linkedin.com/company/lanzone-morgan-llp/  YouTube: https://www.youtube.com/@LanzoneMorganLLP  Facebook: https://www.facebook.com/lanzonemorgan/  Instagram: https://www.instagram.com/lanzonemorgan/  Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.