Stebner, Gertler, & Guadagni handles nursing home 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.
Photograph it, note the date, and raise it in writing with facility staff so there's a documented record. If the response feels dismissive or the wound worsens, report it to Santa Clara County APS or the Long-Term Care Ombudsman and consider speaking with an attorney.
The California Department of Public Health licenses skilled nursing facilities and investigates complaints involving patient safety violations and regulatory noncompliance.
Understaffing alone isn't automatic proof, but when it's tied to a specific injury — a missed medication, an unanswered call light, a fall risk left unmonitored — it becomes central evidence in building the case.
Depending on the facts, families may recover medical expenses, pain and suffering, relocation costs, and wrongful death damages. Punitive damages may also apply where the facility's conduct was reckless or intentional.
That explanation deserves scrutiny rather than automatic acceptance. Most falls and infections in a skilled nursing setting are preventable with proper monitoring and care — "unavoidable" is sometimes what a facility says when the real issue is understaffing or a...
Most elder abuse and neglect claims must be filed within two years, though the exact deadline depends on the specifics of the case. Getting an attorney involved early helps preserve staffing and medical records before they're altered.
Yes. Advanced pressure ulcers are largely preventable with proper repositioning, hygiene, and wound care — when they develop or worsen, it's often a strong indicator that a facility wasn't monitoring the resident closely enough.
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.
Negligence includes failing to prevent foreseeable falls, ignoring infections, mishandling medications, and delaying emergency treatment for a declining resident. In San Jose cases, this frequently connects back to a facility operating below safe staffing levels.
