We perform a forensic audit of the facility’s financial and payroll records. By comparing the number of hours worked by caregivers to the care needs of the residents (the "acuity level"), we can prove when a facility was operating with a skeleton crew.
Yes. Memory care units are specifically designed and marketed as "secure" environments for residents who wander. If a resident is able to leave the unit or the building unsupervised, it is a failure of the facility’s security protocols and staffing.
Neglect is the failure to provide the care necessary to avoid physical harm or mental suffering. In memory care, this includes failing to prevent falls, failing to provide enough food and water, or failing to monitor a resident’s hygiene and medical needs.
Yes. Lack of memory is not a barrier to justice. We rely on medical records, staffing logs, and expert testimony to reconstruct what happened. The facility’s own documentation often provides the evidence needed to prove neglect.
While every case is unique, these lawsuits often take 12 to 24 months to resolve. Our firm focuses on moving cases efficiently while ensuring we do the deep investigative work necessary to maximize the recovery.
At Stebner, Gertler, & Guadagni, we work on a contingency fee basis. This means we take on all the financial risk of the litigation. We only get paid if we recover money for your family through a settlement or verdict.
Yes, and in many cases, moving them to a safer environment is the first priority. A lawsuit does not require your loved one to remain in a dangerous facility. We can help guide you on how to document their condition during the move.
Yes. California regulations require facilities to notify families and the resident's physician of any significant change in health or any serious injury, including falls.
Generally, you have two years from the date of the injury to file a lawsuit, but this can vary depending on the specific facts. It is critical to contact an Oakland assisted living abuse attorney as soon as you suspect neglect to preserve evidence.
The facility is responsible for providing a safe environment. If they knew a resident had a history of aggression or if they failed to provide enough staff to monitor the common areas, the facility is liable for the resulting injuries.
