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What do you do if a loved one dies in nursing care?

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  • Picture of Randall Scott Schiavone By Randall Scott Schiavone
  • |
  • Wrongful Death
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  • Last Updated: January 20, 2025

What do you do if a loved one dies in nursing care?

Losing someone you care about is never easy. However losing someone when you have entrusted that individual’s care to a responsible professional organization has the potential to be even more distressing. Luckily, California law would offer you some recourse should the unthinkable happen to a relative of yours in a nursing home.

The California Advocates for Nursing Home Reform list a number of ways in which senior citizens might be abused in the state, any one of which could conceivably lead to the wrongful death of one of your loved ones. These elder abuse situations include, but are not limited to:

  • Isolating an individual
  • Neglecting to provide physical necessities
  • Physically or mentally abusing the individual

Even if you are diligent in finding the best care you can for your aging family members or loved ones, there is often a valid assumption that any licensed senior care facility in the state provides adequate service.

If you were to lose someone in this manner, the most beneficial initial course of action would probably be to explore legal options. While it is true that you might receive monetary compensation from a wrongful death suit, it would probably be more important to make sure that others in California avoided your loved one’s unfortunate fate. Monetary penalties, settlements out of court, a record of civil charges and criminal convictions all make it much more difficult for negligent or unethical caregivers to operate their deadly businesses in the state.

Filing suit has the potential to make the state safer for you and your loved ones. However, every case is different. Therefore, this article should not be taken as legal advice. Please review it as educational material only.

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About the author: Randall Scott Schiavone

Partner of Kampf, Schiavone & Associates

Randall Scott Schiavone is a Partner at Kampf, Schiavone & Associates in San Bernardino, California. A civil litigation attorney since 1987, he has 38 years of experience handling workers’ compensation, personal injury, Social Security Disability, and medical malpractice cases. Mr. Schiavone is admitted to practice in Ohio (1987), California (1990), and the U.S. District Courts for the Central and Southern Districts of California. He earned his B.A. from Youngstown State University in 1984 and his J.D. from the University of Akron School of Law in 1987. He is a member of ABOTA and holds a 2003 certificate in Alternative Dispute Resolution from the Straus Institute.

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Kampf, Schiavone & Associates

290 N. D Street, #901
San Bernardino, CA 92401

Office Hours : 8am – 5pm (Monday to Friday)

1100 Melody Lane
Roseville, CA 95678

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