When a California skilled nursing facility or assisted living community attempts to dismiss a severe injury as an inevitable "part of aging," they are usually trying to deflect blame from a systemic failure in care. Aging naturally causes a decline in physical...
Stebner Gertler & Guadagni
What is the legal definition of elder neglect in California?
California law defines elder neglect as the failure of any person having the care or custody of an elder to exercise that degree of care which a reasonable person in a like position would exercise. Under the Elder Abuse and Dependent Adult Civil Protection Act...
How long do I have to file an elder abuse lawsuit in California?
In California, the time limit to file an elder abuse lawsuit depends entirely on the specific nature of the misconduct. For cases involving physical abuse, emotional distress, or systemic neglect in a long-term care facility, the statute of limitations is generally...
Can an elder facility retaliate against my loved one for filing a complaint in California?
California law strictly prohibits long-term care facilities, nursing homes, and residential care facilities for the elderly (RCFEs) from retaliating or discriminating against a resident or their family members for filing a complaint. Under California Health and Safety...
How Do I Prove a Facility in Hayward Was Understaffed?
Proving that a Hayward nursing home or assisted living facility was understaffed requires tracing the direct line between corporate cost-cutting decisions and the specific harm a resident suffered. Nursing homes in California are legally mandated to maintain specific...
Can I Sue a Hayward Elder Facility if My Loved One Has Dementia and Cannot Explain What Happened?
Yes, you can file a lawsuit against a Hayward elder care facility even if your loved one has advanced dementia and cannot communicate or testify about what occurred. Under California law, a resident’s cognitive decline or inability to verbalize a timeline does not bar...
Will a nursing home resident report abuse?
Older adults frequently outsource many important tasks. They rely on others to clean their houses and maintain their yards. They may work with professionals to manage their finances as well. Older adults investing their retirement savings often choose to partner with...
Has a financial advisor defrauded an older adult?
Older adults frequently outsource many important tasks. They rely on others to clean their houses and maintain their yards. They may work with professionals to manage their finances as well. Older adults investing their retirement savings often choose to partner with...
3 reasons nursing homes should act to prevent resident elopement
Nursing homes help ensure the health and safety of older adults. Unfortunately, some people living in nursing homes try to leave, often without advising anyone of their intentions. Nursing homes generally need to monitor residents for warning signs of elopement and...
5 immediate things to do for victims of elder abuse
Elder abuse can happen quietly and often involves people the victim knows and trusts. It may include physical harm, emotional pressure, neglect or financial exploitation. Many older adults feel fear, shame or confusion when abuse occurs. Taking quick action is...

