We prove recklessness by showing that the facility was aware of a high risk of harm—such as a resident's history of falling—and consciously chose not to take the required safety measures, often to save on labor costs.
Any medical records, death certificates, facility contracts, and correspondence with the facility or state investigators are helpful, but do not worry if you do not have everything yet. We can help gather these records.
Stebner Gertler & Guadagni works on a contingency basis. We cover all upfront costs of litigation, and we only receive a percentage of the final settlement or verdict.
A state investigation (CDPH or APS) may result in a fine for the facility, but it does not provide compensation to the family or address the specific harm caused to your loved one. A private civil lawsuit is the only way to seek direct justice for the family.
Families may seek burial and funeral expenses, loss of financial support, and compensation for the loss of the relationship. In cases of proven elder abuse, punitive damages and attorney's fees may also be available.
Facilities often list "natural causes" or "failure to thrive" on death certificates to avoid scrutiny. We frequently work with medical experts to prove that these "natural" deaths were actually caused by untreated infections, dehydration, or medication errors.
Yes. If the facility knew the resident was a fall risk and failed to implement a proper care plan—or failed to provide the supervision required in a memory care death scenario—they may be held responsible.
Nursing homes are medical facilities regulated by the Department of Public Health, while assisted living facilities are considered "non-medical" and regulated by the Department of Social Services. The standards of care differ, but both can be held liable for reckless...
Generally, the statute of limitations for wrongful death is two years from the date of the incident. However, when dealing with medical malpractice or specific elder abuse claims, these timelines can vary. It is best to consult with an attorney immediately.
