This term refers to any traumatic brain injury that occurs within the confines of a care facility. It includes injuries from falls, being dropped by staff, or physical abuse by employees or other residents.
FAQs
Is a concussion really that serious for an elderly person?
Absolutely. In the elderly, a concussion can lead to a permanent loss of mobility and cognitive function. It also significantly increases the risk of future falls. Any head impact in a nursing home should be treated as a medical emergency.
How long do I have to file a lawsuit for a nursing home head injury in California?
Generally, the statute of limitations for medical malpractice is one year, while elder abuse claims may allow for more time. However, evidence like staffing logs and surveillance footage can disappear quickly. It is best to speak with an attorney as soon as possible.
What if the facility says the brain injury was caused by “natural aging”?
This is a common defense tactic. While aging does make the brain more vulnerable, it does not cause traumatic injuries like hematomas or skull fractures. We use medical experts to distinguish between age-related cognitive decline and the acute trauma caused by an...
Can a nursing home be held liable if my loved one fell while I wasn’t there?
Yes. Nursing homes are required to provide a safe environment and adequate supervision based on the resident's specific needs. If the facility knew the resident was a fall risk but failed to implement precautions—like floor mats, low beds, or frequent monitoring—they...
How much does it cost to hire an elder abuse lawyer?
Stebner, Gertler, & Guadagni generally works on a contingency fee basis. This means we only get paid if we successfully recover a settlement or verdict for you.
Is the doctor or the nursing home responsible for the error?
It depends. If the doctor wrote an incorrect prescription, they may be liable. However, if the nursing home staff failed to follow a correct order or didn't notice an obvious drug interaction, the facility is typically responsible.
What is an “omitted dose” in Hayward, CA?
An omitted dose occurs when a prescribed medication is not given at all. This is one of the most common forms of nursing home neglect.
Can I sue for a medication error if my loved one didn’t die?
Yes. If the error resulted in a hospital stay, a fall, a permanent decline in health, or significant physical pain, you have grounds for a legal claim.
How long do I have to file a lawsuit for a medication error in Hayward?
California has strict statutes of limitations for elder abuse and medical malpractice. It is vital to contact a Hayward medication errors attorney as soon as possible to ensure your rights are protected.


