Elder Abuse

November 12, 2016

Elder Abuse Not Diagnosed Enough During ER Visits in California

If an elderly San Diego County resident who has sustained injuries as a result of nursing home abuse ends up in an emergency department, will he or she be properly diagnosed with injuries caused by elder abuse? According to a recent article in Psych Central, formal diagnoses of elder abuse are made in only one out of every 7,700 visits to emergency rooms across the country. This information comes from a new study conducted by researchers at the University of North Carolina at Chapel Hill, the University of California San Diego, and Weil Cornell Medicine.

Given what we know about rates of elder neglect and nursing home abuse—a fact sheet from the National Council on Aging (NCOA) predicts that about 10% of all Americans aged 60 and older have been subject to some form of elder abuse—the notion that only about .01% of seniors who seek treatment in emergency departments are diagnosed with injuries caused by elder abuse seems startling. What else does this study teach us, and what can we do to help?

Majority of Elder Abuse Cases are Not Reported or Go Undiagnosed

October 28, 2016

Arbitration Agreements in San Diego Nursing Homes and Across the Nation

by Walton Law Firm

California law has proven to be a step ahead of federal law when it comes to banning arbitration agreements in nursing homes in order to prevent elder abuse. A recent Medicare final rule has banned nursing homes “from requiring patients to agree to mandatory arbitration prior to admission,” according to an article in Bloomberg BNA. Another article in The New York Times emphasized the importance of this new rule. When the Centers for Medicare & Medicaid Services (CMS) released news of the final rule on September 28, San Diego nursing home residents already were protected against mandatory arbitration agreements under section 1599.81 of the California Health & Safety Code.

Yet the Medicare final rule still has relevance for San Diego residents. First, anyone living in Southern California who has elderly loved ones in another state now can be assured that those seniors, too, are protected against mandatory arbitration agreements. In addition, the new Medicare final rule also does more than protect against mandatory arbitration agreements, and those additional requirements will apply to elderly residents of nursing homes and assisted-living facilities in the San Diego area.

How California Law Compares to CMS Final Rule on Arbitration Agreements

October 21, 2016

Using a “Forensic Lens” in San Diego Nursing Home Abuse Cases

by Walton Law Firm

Nursing home abuse is a serious problem in San Diego. For a number of years, elder safety advocates have been looking for new ways to prevent nursing home abuse, as well as to properly identify it when it does happen. According to a recent article from USC News, “doctors, first responders, and other health care professionals can use techniques inspired by law enforcement to better identify and address cases of elder abuse.” This new methodology for detecting nursing home neglect arose from a clinical study at USC’s Leonard Davis School of Gerontology.

When we say that healthcare providers and emergency responders should take a cue from law enforcement when looking for signs and symptoms of elder abuse, what, precisely, do we mean? In short, the study suggests that a “forensic lens” approach can help those not trained in law enforcement to determine where there is “cause to believe neglect or abuse [has] taken place.”

Looking for Clues in Two Different Case Studies

September 30, 2016

Quality of Life in California Assisted-Living Facilities

by Walton Law Firm

Is the quality of life improving for Southern California residents in assisted-living facilities? And if so, how much attention do we need to pay to the risks of nursing home abuse and neglect in these communities if a majority of seniors say they are content? According to a recent article in McKnight’s Senior Living, “residents of assisted living communities in California are very satisfied with their living situations” on the whole. While this is good news for many elder justice advocates in the state, we should not let it obscure the fact that there remain a number of seniors who are not satisfied with their living situations and who become victims of elder abuse.

Although the recent article presents promising data on elderly assisted living in the state, we still need to consider the risks to California seniors who do not fall into this depicted majority.

Many Seniors in California are Indeed Happy, Survey Says

September 23, 2016

Learning More About Restraints and Nursing Home Abuse

by Walton Law Firm

Do you know enough about restraints in nursing homes and the importance of restraint-free care? According to a fact sheet from the California Advocates for Nursing Home Reform (CANHR), we as a society used to believe that the use of restraints was acceptable in nursing homes for elderly adults and those with disabilities. Yet the use of restraints in nursing homes is very dangerous, and it may rise to the level of nursing home abuse. As the fact sheet highlights, restraints “often entail more risks than benefits,” and recent studies “recommend more dignified methods to improve residents’ safety.”

Yet, as the CANHR fact sheet illumines, many nursing homes and assisted-living facilities continue to use unnecessary restraints, putting patients at risk of physical harm. And on the whole, California nursing homes, in particular, may be particularly heavy-handed in their use of unnecessary restraints. The fact sheet notes that “California nursing homes use physical restraints at a rate about fifty percent higher than the rest of the nation.” What else do you need to know about restraints and helping your loved one to obtain restraint-free care in a skilled nursing facility in San Diego?

California and Federal Law Prohibits Unnecessary Restraints

September 16, 2016

Nursing Home Abuse and Mental Illness

by Walton Law Firm

What do you know about mental health and nursing home neglect?

According to an article in Psychology Today, mental illness has become “the biggest economic burden of any health issue in the world, costing $2.5 trillion in 2010” alone. By 2030, that cost is expected to nearly triple to $6 trillion. However, despite the prevalence and costliness of mental illness—approximately 450 million people across the world currently suffer from some form of mental illness—the article emphasizes that mental health conditions continue to carry a stigma that prevents us as a society from talking about them openly and honestly. Unsurprisingly, the continued stigma of mental health or mental illness also makes its way into nursing homes, where patients who suffer from a mental health condition often becomes victims of nursing home abuse or neglect.

What can we do to prevent elder neglect among mental health patients?

September 2, 2016

Federal Investigation into Social Media and Nursing Home Abuse in San Diego

by Walton Law Firm

Over the last several months, states across the country have been contending with incidents of nursing home abuse that involve social media. Now, according to a recent report ABC 10 News San Diego, federal authorities are “stepping in to make sure elderly residents of nursing homes and senior care facilities are not abused on social media.” The investigation, according to an article from NPR, comes after ProPublica released a series of reports that showed nursing home employees taking “demeaning photographs and videos of residents and post[ing] them on social media.”

Will an investigation by federal health regulators actually be able to put a stop to this kind of elder abuse?

Centers for Medicare and Medicaid Services Issues Memo Regarding Social Media Abuse

August 19, 2016

$75,000 California Nursing Home Neglect Fine

by Walton Law Firm

How often does the California Department of Public Health fine nursing homes and assisted-living facilities for elderly patient injuries and deaths? When facilities do receive significant fines as a result of nursing home abuse or neglect, are those fines sufficient to protect other residents in the future? According to a recent article in the Los Angeles Daily News, the California Department of Public Health issued a $75,000 fine for a Southern California nursing home due to neglect resulting in a patient’s death.

Fatal Injuries Caused By Nursing Home Neglect in Canoga Park

As the article explains, Topanga Terrace, a nursing home in Canoga Park, was issued a $75,000 fine “after staff there failed to monitor a resident who kept removing his own breathing tube, resulting in death.” The patient needed a tracheostomy tube in order to breathe following a surgery in 2013. In addition to the use of the tracheostomy tube, the patient also “suffered from multiple illnesses including dementia, chronic respiratory failure, and tuberculosis.” Despite his medical needs, however, the facility did not have a treatment plan that included methods to prevent or deter the patient from removing his breathing tube.

August 5, 2016

Renewed Concerns About Staffing Ratios in Assisted-Living Facilities

by Walton Law Firm

Allegations of Elder Neglect and Abuse Resulting in Patient Deaths

According to a recent report from The San Diego Union-Tribune, concerns about elder abuse and preventable injuries in assisted-living facilities in Southern California still loom large. A 2013 special report from The San Diego Union-Tribune highlighted the dangers of nursing home neglect in assisted-living facilities across the state, emphasizing that regulators needed to do more to address serious allegations including but not limited to:

Lack of investigation into nursing home abuse claims;

July 15, 2016

Nursing Home Abuse at the Hands of Other Residents

by Walton Law Firm

While it might sound unlikely, perpetrators of nursing home abuse are not always those employed as caregivers for the elderly. According to a recent article in HealthDay, many elderly residents at nursing homes suffer injuries at the hands of other patients. The article cites a recent study that determined “one in five nursing home residents had been involved in an incident with a fellow resident within the past month.” In a majority of cases, those “incidents” were only verbal altercations and did not involve physical violence. However, as the article explains, “some seniors were involved in physical scuffles, and some experienced inappropriate sexual behavior.”

It is difficult enough to feel like you have conducted sufficient background research into the caregivers at a nursing home or assisted-living facility before feeling comfortable with your elderly loved one receiving care at such a place. But how can you determine whether some instances of elder abuse actually were caused by patients living within the facility?

Elder Mistreatment Not Openly Discussed