Under the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), if we can prove the facility acted with recklessness or malice, the family may be able to recover attorney’s fees and damages for pain and suffering even after the resident has passed away.
Absolutely. Many people mistakenly believe that a resident's inability to testify means a case cannot be filed. We use medical evidence, forensic nursing reports, and facility records to prove that a resident was harmed and that the facility failed in its duty to...
You may notice call lights going unanswered, trash cans overflowing, or your loved one wearing the same clothes for multiple days. Legally, we prove understaffing by analyzing the facility's payroll records and "point systems" used to determine how much care a...
Yes. Nursing homes are "medical" facilities governed by the Department of Public Health. Assisted living facilities (ALFs) are "non-medical" and governed by the Department of Social Services. However, both have a legal duty to provide for the safety of their residents...
Document everything. Take photos of injuries, keep a log of your conversations with staff, and contact an Oakland nursing home abuse lawyer to discuss your options.
A state citation is a powerful piece of evidence, but it does not provide compensation for your family or pay for medical bills. Our firm uses those citations as a foundation to build a civil case for damages.
Retaliation is illegal. If you fear retaliation, we can assist in documenting these concerns and involving the appropriate regulatory agencies to ensure the resident’s safety while the legal process moves forward.
The statutes of limitations vary depending on the facts of the case. It is best to consult an attorney as soon as you suspect harm to ensure your family's rights are protected.
Medical malpractice generally involves a professional error by a doctor or nurse. Elder abuse, specifically under California law, involves "neglect," which is the failure of those in charge of an elder to provide the basic care necessary to avoid physical harm or...
No. Stebner, Gertler, & Guadagni provides initial consultations at no cost. We work on a contingency fee basis, meaning we only receive payment if we successfully recover compensation for you.
