Stebner, Gertler, & Guadagni handles elder abuse cases on a contingency fee basis, meaning there are no upfront costs and no attorney's fees unless we recover compensation for your family.
Document specific observations — dates, photos, and direct notes on what you're seeing — and report your concerns to Santa Clara County APS or the Long-Term Care Ombudsman. Involving an attorney early helps make sure records aren't altered before a formal...
A citation confirms a violation occurred, but it doesn't compensate your family for what happened. An attorney can use that citation as part of a broader case built on the facility's records, prior complaints, and staffing history.
Depending on the facts, families may recover medical expenses, pain and suffering, the cost of moving a loved one to a safer facility, and wrongful death damages where applicable. Punitive damages may also apply in cases involving reckless or intentional misconduct.
The California Department of Public Health licenses and investigates skilled nursing facilities for patient safety violations, while assisted living communities fall under the California Department of Social Services.
Abuse involves an active act of harm — hitting, improper restraint, sexual assault — while neglect is a failure to provide care a senior needs, such as food, hygiene, or medication. Both can support a civil claim, and many San Jose cases involve elements of both.
Elder abuse and neglect claims generally must be filed within two years, though the exact deadline can shift depending on the facts of the case. Speaking with an attorney early helps preserve records before they're lost or altered.
Yes. California law allows civil claims against nursing homes, assisted living facilities, and other care providers for abuse or neglect that causes injury or death. A lawsuit can recover damages that a regulatory complaint alone cannot.
Call 911 for immediate danger. For non-emergency reports, contact Santa Clara County Adult Protective Services at (408) 975-4900 or the 24-hour hotline at (800) 414-2002, or the Long-Term Care Ombudsman at (408) 944-0567 for concerns involving a licensed facility.
California's Elder Abuse Act covers physical abuse, neglect, abandonment, isolation, financial exploitation, and reckless disregard for a senior's basic safety. In San Jose cases, this frequently includes facilities running short-staffed and care plans that go...
