Articles Posted in Assisted Living Facilities

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When a resident falls at a nursing home or assisted-living facility in Los Angeles County, who is accountable? And, perhaps more importantly, who is liable if the fallen resident does not receive quick and effective assistance, ultimately resulting in their injuries worsening? According to a recent report in The Washington Post, new data suggests that employees at nursing homes and assisted-living facilities across the country often refuse to lift residents who have fallen to avoid liability, instead calling emergency medical responders to lift the resident. By the time an emergency medical responder arrives, injuries from the fall may have worsened.

From liability to initial falls in nursing homes and assisted-living facilities to injuries worsened by a lack of quick response time, it is important to know that the facility itself could be accountable. Our Los Angeles County nursing home neglect lawyers can tell you more.

Fall Hazards in Nursing Homes and Assisted-Living Facilities

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Residents in Los Angeles County nursing homes and assisted-living facilities should never have to worry about getting hurt because of acts of violence perpetrated by staff members or fellow residents. However, as a recent study discussed in The New York Times reveals, violence is much more common than many people suspect, and it is certainly not an uncommon occurrence. When violence occurs in a Los Angeles County nursing home or assisted living facility and a resident is injured, it is important to seek legal advice. The facility itself may be liable since it has a duty of care to residents. Our experienced Los Angeles County nursing home abuse and neglect lawyers can tell you more and can assist you if you have concerns about an elderly loved one.

Violence and Injuries Caused by Other Residents

Often, when we think about nursing home abuse or neglect and injuries resulting from it, we think about injuries caused by the intentional or negligent behavior of a staff member or employee at a nursing home. Yet, as the article in The New York Times underscores, violence caused by other residents is actually extremely common. The article explains that, in nursing homes, assisted-living facilities, and other types of “long-term care facilities, residents sometimes yell at or threaten one another, lob insults, invade fellow residents’ personal or living space, rummage through others’ possessions and take them,” and “they can swat or kick or push.”

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Elder abuse and neglect in Orange County often result in severe and deadly resident injuries in nursing homes. Abuse can take many different forms, from intentional physical, emotional, or sexual abuse to passive neglect. To be clear, even when a staff member or other employee of a nursing home does not intend to cause harm, failing to attend to a resident’s health needs can result in serious harm for which the facility can be liable. Likewise, injuries resulting from intentional harm can also result in successful nursing home abuse and neglect claims against the facility, as well as the perpetrators. While studies underscore that nursing home abuse and neglect injuries occur with some frequency, they also highlight that abuse and neglect often go unreported.

To be sure, some studies suggest that the underreporting of nursing home abuse and neglect means that rates of harm are significantly higher than data currently indicate. Why is nursing home abuse and neglect underreported? There are many potential reasons that various studies have addressed, but a new study conducted by researchers at the University of Connecticut argues that fears of retaliation are central to understanding the problem. What do you need to know? Our Orange County nursing home negligence lawyers can say more.

Common Reasons for Abuse and Neglect Underreporting in Southern California Nursing Homes and Assisted-Living Facilities

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From nursing homes in San Diego County to those elsewhere in Southern California and across the country, staffing shortages can lead to serious resident injuries as a result of passive neglect. In short, when a nursing home does not have a sufficient number of employees to provide appropriate care for residents based on individual resident needs, residents can sustain injuries like bed sores because they are not moving or broken bones in falls when they try to get out of bed or make it to the restroom themselves despite requiring assistance with these activities. According to a recent article in The New York Times, the significant staffing shortages that were identified at the peak of the COVID-19 pandemic are persisting in nursing homes throughout the United States, along with problems concerning infection control measures and protocol.

Staffing Problems Could Be “Monumental”

A new report on nursing home safety, discussed by the Times, was recently prepared by the inspector general’s office at the US Department of Health and Human Services (HHS). The report cited how the federal Centers for Medicare & Medicaid Services (CMS) is responsible for overseeing about 1.2 million nursing home residents nationwide, and for many of those residents at facilities in California and elsewhere, staffing issues are “monumental.” To be sure, the report identified “high levels of burnout, frequent employee turnover, and the burdens of constantly training new employees, some of whom fail to show up for their first day of work.”

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Elderly adults in San Diego County nursing homes and at facilities elsewhere in Southern California frequently are subjected to abuse and neglect. Yet as a recent study underscores, many cases of nursing home abuse and neglect go unreported, and the most common reason for the lack of reporting might be a fear of retaliation. Seniors in nursing homes and assisted-living facilities and their families should be able to trust that all employees at the facility have their best interests in mind and that the facility is properly staffed to prevent injuries resulting from neglect. However, abuse and neglect injuries are much more common than many people think, and facilities do not always move quickly, if they move at all, to terminate employees who have caused harm.

What do you need to know about the recent study and its implications for addressing nursing home abuse in Southern California? Our San Diego nursing home abuse lawyers can tell you more.

Nursing Home Residents Fear Retaliation and Avoid Reporting Abuse 

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Are California nursing homes in San Diego County prepared to keep residents safe in the event of a wildfire? According to a new study published in the Journal of the American Geriatrics Society, nursing homes in California where wildfires are a risk or ill-prepared for these emergencies and for other emergency situations that may arise. More specifically, nursing homes in areas that are likely to be affected by wildfires are often out of compliance with the emergency preparedness standards required by Medicare, putting residents throughout the facilities at risk of a wide range of injuries in the event of an emergency situation. What do you need to know about the study and its implications for nursing home neglect and injuries in nursing homes in Southern California? Our San Diego nursing home neglect lawyers can say more. 

Details of the Recent Nursing Home Emergency Preparedness Study

The article stems from an analysis conducted by researchers at Yale University. As background to the study, the authors indicated that they were interested in assessing the “relationship between the risk of exposure to environmental hazards and the emergency preparedness of nursing homes” since this relationship is not well known or well studied.

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When you are helping an elderly parent or loved one to find a nursing home in Orange County or elsewhere in Southern California, the process of searching for a safe facility can be daunting. While nursing home rating systems exist, recent reports suggest that those ratings may not provide a full or accurate picture of safety violations at those facilities or actual staff-patient ratios. Information about safety violations can be more difficult to locate since that information is not easily obtained through a central repository, depending upon the location of the facility and other factors. How, then, can you identify a safe nursing home in Orange County? 

It is critical to keep in mind that any nursing home can be a site of nursing home abuse or neglect. Even facilities that have no histories of negligence can be the subject of a future investigation. Thus it is nearly impossible to know with absolute certainty that a facility is safe. However, there are certain factors you can look for in a facility to have more confidence in its treatment of and care for residents. Our Orange County nursing home abuse attorneys want to provide you with tips for choosing a facility.

Transparency in Policies

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More patients in San Diego County nursing homes and across the country are being diagnosed with schizophrenia for reasons that are questionable and raise concerns about nursing home negligence, as a recent article in The New York Times suggested. But are some patients more affected than others, and is race playing a role? A follow-up report in The New York Times argues that Black residents are being disproportionately affected by these harmful diagnoses and subsequent administration of antipsychotic medications, suggesting that nursing home abuse has a clear racial dimension in these situations. Are schizophrenia diagnoses, and other issues in nursing homes, affecting Black residents more than other elderly patients at skilled nursing facilities? 

Black Nursing Home Residents are Diagnosed with Schizophrenia More Often

More nursing home residents are being diagnosed with schizophrenia so that the facilities can administer antipsychotic drugs to “difficult” patients, The New York Times has suggested. Indeed, since nursing home residents with schizophrenia can still readily be prescribed antipsychotic medications (whereas regulations have attempted to reduce the use of antipsychotics in other nursing home cases), there has been a surge in the number of patients diagnosed with schizophrenia. Since 2012, the number of elderly patients diagnosed with schizophrenia has “grown by 70%.” The article points to a new study in the Journal of the American Geriatrics Society, which found that the “impact of this has been more severe on Black residents.”

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Nobody wants to think about risks of elder abuse and neglect at nursing homes and assisted-living facilities in Riverside County, yet older adults routinely suffer serious and fatal injuries as a result of nursing home abuse. It is critical for family members to recognize that nursing home abuse and neglect often go unreported. Thus, it is essential to be able to recognize the signs of various types of abuse, from symptoms of physical or emotional abuse to clear warning signs of passive neglect. Although each type of nursing abuse has its own particular signs and symptoms, you should always seek help anytime an elderly loved one exhibits changes in behavior or shows signs of physical harm that do not have a logical explanation. 

Why does nursing home abuse go unreported so frequently? Our Riverside County nursing home abuse attorneys want to discuss some of the common reasons that abuse and neglect are not reported at nursing homes and assisted-living facilities in Southern California.

Fear of Further Abuse or Retaliation 

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For over a year now, families have been worried about elderly loved ones residing in Los Angeles County nursing homes due to the spread of COVID-19 and the number of deaths in skilled nursing facilities. Yet when it comes to infection-control measures in Southern California nursing homes, COVID-19 is not the only issue that can result in serious injury and death to nursing home residents. Indeed, just as the pandemic is beginning to get under control through vaccines, health officials are identifying the rise of serious drug-resistant fungal infections in America’s nursing homes. According to a recent article in The New York Times, “a deadly, hard-to-treat fungal infection . . . has been spreading through nursing homes and hospitals across the United States,” and it is “becoming even more dangerous.”

Drug-Resistant Fungal Infection Evades All Medication 

The most worrying recent issue concerning this drug-resistant fungus, Candida auris (or C. auris), is that several cases have been documented in which the infection “was completely impervious to all existing medication,” according to The New York Times article. The U.S. Centers for Disease Control and Prevention (CDC) reported that the drug resistance recently documented is “an alarming development in the evolution of C. auris.” The CDC describes it as “a tenacious yeast infection discovered in Japan in 2009 that has since spread across much of the world.”

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