We obtain the facility's payroll records and compare them to the resident's "acuity" or care needs. If one aide is responsible for 15 residents who all need two-person transfers and regular turning, neglect is an mathematical certainty.
Facilities often use "resident refusal" as an excuse. However, the facility has a duty to educate the resident, attempt different interventions, and involve the family or physician if care is being refused. A simple note in a chart is usually not enough to absolve...
First, ensure they receive immediate medical attention from a wound care specialist. Second, take clear, dated photographs of the wound. Third, contact an Oakland bedsores lawyer to begin an investigation before records can be altered.
While nursing homes often claim they are "unavoidable," the vast majority of bedsores are preventable with proper turning, nutrition, and pressure-relieving devices. If a wound reaches Stage III or IV, it is a significant indicator of neglect.
No. We provide free, confidential consultations for all potential clients. We will give you a direct, honest assessment of your legal options without any upfront cost to you.
The best way to find out is a free consultation. We will review your medical records and consult with specialists to determine if the care provided met California’s legal standards.
Because these cases are highly technical, they often take 18 to 36 months to resolve. Our firm uses the discovery process to aggressively gather evidence and move the case toward a resolution as quickly as possible.
A pre-existing condition does not excuse medical malpractice. If a provider's negligence made a condition worse or caused a new injury, they are still responsible for the damages caused by their error.
California law requires a qualified expert to testify that the provider’s actions were negligent. At Stebner, Gertler, & Guadagni, we maintain relationships with top-tier medical specialists to provide the technical authority needed to win.
A physician must explain the risks and benefits of a procedure before performing it. If a doctor fails to disclose a significant risk and that risk occurs, it may be the basis for a malpractice claim even if the procedure was performed correctly.
