This refers to the use of psychoactive drugs (like antipsychotics) to sedate residents for the convenience of the staff, rather than for a legitimate medical reason. This is a form of elder abuse.
Martinez elder abuse
Can I still sue if my loved one has passed away?
Yes. A "survival action" allows the estate to recover damages the elder suffered before death, and a "wrongful death" claim allows the family to seek compensation for their own loss.
Does reporting to the Ombudsman start a lawsuit?
No. The Ombudsman is an advocate for resident rights and can help resolve immediate issues or trigger state investigations, but they do not provide legal representation for financial recovery.
Why is a trial-ready attorney important?
Insurance companies for nursing homes track which law firms actually go to trial. Because Stebner, Gertler, & Guadagni is known for our courtroom success, we often secure higher settlements because the opposition knows we aren't afraid to present the case to a jury.
What if the abuse was verbal rather than physical?
California law protects elders from psychological and emotional abuse as well. Threats, isolation, and humiliation can cause severe mental decline and are actionable under the Elder Abuse Act.
How long do I have to file a claim in Martinez?
In California, the statute of limitations for personal injury is generally two years, but cases involving medical providers or government-run facilities may have much shorter deadlines. It is critical to consult a lawyer as soon as neglect is suspected.
Can a facility be held liable for a resident’s fall?
Yes. Facilities are required to assess fall risks and implement safety measures. If they ignore a resident's history of falls or fail to provide adequate supervision, they can be held responsible for resulting injuries like hip fractures or brain bleeds.
What is the difference between medical malpractice and elder abuse?
Medical malpractice involves a mistake by a healthcare professional. Elder abuse, under California law, often involves "reckless neglect"—a conscious disregard for a resident's safety, such as failing to provide food, water, or basic medical care.

