Stebner, Gertler, & Guadagni operates on a contingency fee basis. This means we only get paid if we successfully recover compensation for you. There are no upfront costs to begin your case.
Even if a facility is not a "secured" or "locked" memory care unit, they still have a duty to monitor residents. If they knew a resident was a flight risk, they were required to either increase supervision or inform the family that they could no longer safely house...
No. In California, care facilities cannot use contracts to waive their liability for negligence or elder abuse. Any such clause is typically unenforceable.
Ensure they receive a full medical evaluation, even if they appear uninjured. Dehydration or internal injuries may not be immediately obvious. Document the time they were found and the location, and then report the incident to the Long-Term Care Ombudsman.
Generally, yes. If a facility accepts a resident with a known diagnosis of dementia or Alzheimer’s, they are assuming the legal duty to keep that person secure. If they cannot meet that need, they should not have admitted the resident.
Wandering is when a resident moves aimlessly within the facility but remains in a safe area. Elopement occurs when a resident with cognitive impairment leaves the facility or its secure grounds without supervision or authorization. Both indicate a need for increased...
Yes. We represent many families in Hayward who have lost a loved one due to the complications of prolonged nursing home malnutrition. We fight to ensure the facility pays for this ultimate failure of care.
Generally, you have two years from the discovery of the negligence. However, because evidence like food logs and staffing schedules can be "lost" by the facility, you should contact Stebner, Gertler, & Guadagni immediately.
If we can prove that assisted living malnutrition was the result of "recklessness, oppression, fraud, or malice," the California Elder Abuse Act allows for the recovery of attorney’s fees and potentially punitive damages against the Hayward facility.
Yes. Malnutrition weakens the immune system, often leading to a dementia care death caused by pneumonia or sepsis. When the body has no fuel, it cannot fight off even minor infections.
