Many cases are resolved through settlement negotiations before a trial. However, Stebner, Gertler, & Guadagni prepares every case as if it is going to a jury, which often gives us the leverage needed to secure a fair settlement.
Compensation varies based on the severity of the harm and the facility's level of negligence. It can include medical expenses, pain and suffering, and in cases of extreme misconduct, punitive damages designed to punish the facility.
While some skin breakdown can happen in terminal cases, the majority of Stage 3 and Stage 4 pressure ulcers are considered "Never Events" by healthcare regulators, meaning they should not occur with proper care.
Neglect under the Elder Abuse Act involves a "failure to provide care," such as failing to provide water or failing to turn a bedridden patient. Malpractice generally refers to a mistake in professional medical judgment. Proving neglect often allows for higher damage...
Yes. Facilities have a legal duty to protect residents from known dangers, including aggressive peers. If a facility knew or should have known a resident was a danger to others and failed to intervene, they can be held liable.
This is a common hurdle, but not an insurmountable one. We rely on medical records, staffing logs, photo evidence of injuries, and expert testimony to reconstruct what happened. A resident’s inability to testify does not excuse a facility’s negligence.
Generally, the statute of limitations for personal injury is two years from the date of the injury. However, in cases involving medical malpractice or claims against government-run facilities, the timelines can be much shorter. Consult with an attorney as soon as...
Retaliation is illegal under California law. 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.
An ombudsman is a government-funded advocate who helps resolve issues and investigates complaints for the state. They do not represent you legally or seek financial compensation. A lawyer files a civil lawsuit to recover damages and hold the facility legally liable.
We obtain internal documents called "Cost Reports" and payroll data that facilities are required to submit to the government. We compare these to the actual census (number of residents) to demonstrate that there were not enough hands on deck to provide safe care.
