Staffing levels are often the "smoking gun" in neglect cases. If payroll records show that a Hayward facility was consistently below safe staffing levels, it proves that management prioritized profit over safety. This evidence is crucial for demonstrating the...
Absolutely. Lack of memory or the inability to testify does not bar a lawsuit. At Stebner, Gertler, & Guadagni, we use physical evidence, staffing records, and expert witnesses to reconstruct what happened and hold the institution accountable for failing to...
This is a standard defense. Our job is to prove otherwise. We look at the resident's care plan and the facility's staffing levels at the time of the fall. If the facility knew the resident was a high fall risk and failed to provide the required supervision, the injury...
Yes. Under the Elder Abuse Act, neglect—such as the failure to provide medical care or protect a resident from health and safety hazards—is a form of abuse. If a Hayward facility fails to assist with personal hygiene or ignores a resident's basic needs, they can be...
Sexual abuse often leaves deep psychological scars without leaving permanent physical marks. In Hayward facilities, we pursue claims based on the emotional trauma, the violation of dignity, and the facility’s failure to maintain a safe environment, regardless of...
The timeline varies, but we begin work immediately to preserve evidence, such as surveillance footage or internal shift logs, that facilities often destroy after a set period. While the legal process can take a year or more, our initial investigation starts the moment...
While the Hayward Police Department may pursue criminal charges against the individual abuser, our civil lawsuit focuses on the facility’s management. A civil case has a lower burden of proof than a criminal trial, and we can often secure a recovery even if the...
The Elder Abuse Act allows for remedies beyond simple medical bills. If we prove the facility acted with recklessness, malice, or fraud, the court can award compensation for pain and suffering (which survives the death of the victim) and order the facility to pay your...
Generally, yes. Nursing homes and assisted living facilities cannot escape liability by outsourcing care to third-party agencies, such as physical therapists or hospice providers. If a Hayward facility allowed a predator access to your loved one without proper vetting...
This is a common and offensive defense. Under California law, many residents in memory care or skilled nursing environments lack the legal capacity to provide informed consent due to cognitive impairment. Stebner, Gertler, & Guadagni aggressively challenges these...
