California Supreme Court Protects Families’ Right to Sue Nursing Homes for Elder Abuse in Wrongful Death Cases

San Francisco, CA — Families who lose a loved one in a nursing home will not automatically be forced into arbitration when they file a wrongful death lawsuit, thanks to a new ruling from the California Supreme Court.

In Holland v. Silverscreen Healthcare, Inc., 101 Cal.App.5th 1125 (2025), the Court decided that heirs have the right to take a nursing home to court when the lawsuit is based on neglect of a resident’s basic safety and daily care — even if the resident had signed an arbitration agreement before death.

What Happened in the Holland Case

The case involved parents who sued a 24-hour skilled nursing facility after their son died. They claimed the facility failed to protect him from repeated falls and infections, leading to his death.

Before his passing, the son had signed papers agreeing to arbitrate medical malpractice claims against the facility. The nursing home argued that this agreement also bound the parents, preventing them from going to court.

Why This Decision Matters

The Supreme Court rejected the facility’s argument. The Justices ruled that:

• Families cannot be forced into arbitration unless they personally agreed to it.
• The only exception is for wrongful death claims involving medical malpractice — a rule the Court had created in an earlier case (Ruiz v. Podolsky).
• Lawsuits about neglect of basic care — like failing to keep a resident safe, fed, and protected from infections — are different from medical malpractice and should be decided in court.

This means that if your loved one dies because a nursing home neglected their basic safety or daily care, you have the right to bring your case before a judge and jury.

What Families Should Know

Many nursing homes and care facilities ask residents to sign arbitration agreements when they move in. Arbitration often benefits the facility because it keeps disputes out of court and behind closed doors. But this new ruling makes clear:

• You still have rights. Even if your loved one signed an arbitration agreement, you may not be bound by it in a wrongful death case.
• Neglect claims are different from malpractice. If the issue involves day-to-day safety, falls, infections, or lack of supervision, your claim is likely to stay in court.
• Medical malpractice claims may still go to arbitration. The Court left in place the rule that malpractice arbitration agreements can extend to heirs.
  

A Victory for Families

The decision ensures that families seeking justice for neglect will not automatically be silenced by arbitration clauses buried in admission paperwork.

For grieving families, this ruling means a clearer path to hold negligent facilities accountable — and a stronger chance to shine a light on unsafe conditions that put vulnerable residents at risk.

If you should have any questions or are in need of further information, please call the Law Offices of Timothy D. McGonigle for a free confidential consultation. Telephone number: (800) 713-5260