Retaliation is illegal under California law. If you fear retaliation, we can assist in documenting these concerns and involving the appropriate regulatory agencies to ensure the resident's safety while the legal process moves forward.
Hayward Elder Abuse
What is the difference between an ombudsman and a lawyer?
An ombudsman is a government-funded advocate who helps resolve issues and investigates complaints for the state. They do not represent you legally or seek financial compensation. A lawyer files a civil lawsuit to recover damages and hold the facility legally liable.
How do I prove a facility was understaffed?
We obtain internal documents called "Cost Reports" and payroll data that facilities are required to submit to the government. We compare these to the actual census (number of residents) to demonstrate that there were not enough hands on deck to provide safe care.
Does it cost anything to speak with an attorney?
No. Stebner, Gertler, & Guadagni provides initial consultations at no cost. We work on a contingency fee basis, meaning we only receive payment if we successfully recover compensation for you.
What if the facility claims the injury was just a “part of aging”?
This is a common defense. Nursing homes often claim bedsores or falls are inevitable. Our job is to prove that these events were preventable and occurred because the facility failed to follow its own care plans or state-mandated protocols.
How long do I have to file an elder abuse lawsuit in Hayward?
Generally, the statute of limitations for personal injury is two years from the date of the injury. However, if the case involves medical malpractice, the timelines can be shorter and more complex. It is best to consult an attorney as soon as you suspect harm.
Can I sue if my loved one has dementia and cannot explain what happened?
Yes. In fact, many victims of elder abuse have cognitive impairments. We rely on physical evidence, medical records, and witness testimony to build a case even when the victim cannot testify.
What defines “neglect” under California law?
Neglect is the failure of those who have care or custody of an elder to exercise the degree of care that a reasonable person in a like position would exercise. This includes failure to provide medical care, protect from health and safety hazards, or prevent...


