Facilities often use "refusal of care" as an excuse. However, a Hayward bedsores attorney will look to see if the facility educated the resident on the risks or if they tried alternative interventions. In memory care bedsore cases, a resident with dementia cannot...
Yes. Under the California Elder Abuse Act, the failure to provide medical care for physical health needs—including the prevention of nursing home bedsores—is defined as neglect. If the neglect is found to be reckless, it carries enhanced legal penalties.
At our firm, it costs nothing out of pocket. We work on a contingency basis, meaning we cover the expensive costs of medical experts and records, and we only get paid if you receive a settlement or award.
We use expert testimony. Another physician in the same field must testify that your doctor’s actions fell below the acceptable standard of care. This is a technical process that our Hayward medical malpractice attorney team handles from start to finish.
Yes, if the misdiagnosis was unreasonable. If a Hayward doctor failed to order standard tests or ignored clear symptoms that another competent doctor would have recognized, you likely have grounds for a claim.
No. Medicine is not an exact science, and some patients do not recover despite receiving excellent care. To win a medical malpractice case, we must prove that the physician actually did something wrong or failed to do something they should have done.
Many cases result in a settlement before reaching a courtroom. However, Stebner, Gertler, & Guadagni prepares every case as if it is headed for trial. This aggressive stance often forces physicians and insurance companies to offer more fair settlements early in...
A consent form is not a "license to be negligent." While you may have consented to the known risks of a procedure, you did not consent to medical staff negligence or surgical errors that fall below the standard of care. You still have the right to sue for malpractice.
Generally, you must file within one year of discovering the medical malpractice or within three years of the date of the injury, whichever comes first. There are limited exceptions for children and cases involving fraud, but it is critical to act quickly to avoid...
Yes. Under the doctrine of respondeat superior, hospitals are generally liable for medical staff negligence committed by their employees during the course of their work. If a nurse at a Hayward facility administers the wrong medication, the hospital can be held...
