Articles Posted in Elder Abuse

by

When a 911 call originates from a nursing home or assisted-living facility, the responding paramedics are often the first objective eyes to enter a resident’s living space. Because they bridge the gap between the private confines of a care facility and the public healthcare system, emergency medical responders (EMRs) are in a unique position to identify signs of abuse or neglect that might otherwise remain hidden behind closed doors.

As noted in reports from KRCR News regarding elder care in Northern California, first responders are frequently the “canary in the coal mine.” Their observations during those first few minutes on the scene can be the difference between a senior remaining in a dangerous situation or receiving life-saving intervention.red-cross-29930_1280

California Law and the “Mandated Reporter”

Continue reading

by

Back in September, we discussed a federal lawsuit concerning nursing home abuse in Watsonville. According to a recent article in the San Jose Mercury News, the leaders of those two Watsonville nursing homes involved in the suit have agreed to a $3.8 million settlement. The lawsuit alleged that the owners “provided ‘substandard or worthless services,’ overly medicated residents, and submitted false Medicare and Medicaid claims.”2189387168_cc27c053e0

Background of the $3.8 Million Nursing Home Abuse Settlement

Filed eight months ago, the lawsuit alleged gross misconduct related to elder abuse and neglect. Now, almost a year later, the leaders of those Watsonville nursing homes have agreed to settle the case. The facilities include Country Villa Watsonville East (now renamed as Watsonville Nursing Center), and Country Villa Watsonville West Nursing and Rehabilitation Center (now renamed as Watsonville Post-Acute Center). Other named parties included the CF Watsonville East, LLC, CF Watsonville West, LLC, and the entities overseeing the finances and nursing home management of the facilities.

Continue reading

by

When you learn that an elderly loved one has died while in the care of a nursing home or assisted-living facility, you may suspect that she didn’t receive the proper treatment. In some cases, however, it’s difficult to discern whether an older adult suffered injuries as a result of medical negligence or because of elder abuse.6811278733_eca62c5091

In California, nursing home abuse and neglect is a serious problem throughout the state. At the same time, medical malpractice can occur in a variety of healthcare settings, including nursing homes. According to a recent article in the National Law Journal, differentiating medical negligence and elder abuse cases can be complicated in California.

Characterizing a Healthcare Provider’s Actions

Continue reading

by

In California, elder abuse isn’t limited to nursing homes. To be sure, residential care facilities for the elderly (RCFEs), which are also known as assisted-living facilities, retirement homes, and board and care homes, have been cited for numerous instances of elder abuse and neglect. And given that RCFEs only provide incidental medical services, these facilities aren’t subject to the same regulations as nursing homes. Which ones are safest for your elderly loved one? And which facilities haven’t been implicated in recent nursing home abuse allegations? Proposed legislation seeks to help Californians with these important questions.

2313948567_6ff20c3306

New Bill Aims to Provide Access to Elder Abuse Information

Many RCFEs exist throughout the state of California. According to the California Department of Social Services, they offer services ranging from personal supervision and assistance with activities of daily living to medical services that are incidental to personal care. How can consumers know which of these facilities will provide the best care to their elderly loved ones?

Continue reading

by

Over the past year, elderly California residents and their family members have been made all too aware that, if they file elder abuse complaints, the Department of Public Health isn’t likely to respond in a timely manner. However, according to a recent article in California Healthline, testimony given in a joint legislative hearing emphasized that “progress has been made in clearing a huge backlog of nursing home complaints, and steps have been taken to ensure it won’t happen again.”

6831314708_444d6dbac8

Department of Public Health Discusses Progress

Last October, a report from a state auditor revealed that the California Department of Public Health had a backlog of about 11,000 complaints concerning elder abuse in nursing homes and related facilities. According to Elaine Howle, the California state auditor, “many of them were urgent and serious complaints, and others were designated as high priority.” Of those complaints, Howle indicated that around 40 percent of those in the backlog fell into the category of “immediate or non-immediate jeopardy designations.”

Continue reading

by

How, exactly, do elder abuse investigations work? After national news that Harper Lee, the famous author of To Kill A Mockingbird, might have been the victim of elder abuse, an article in Slate provided an in-depth look into investigations concerning reports of elder abuse and neglect. While each state has its own methods for looking into reports of nursing home abuse and other violations, it’s important for Californians with elderly parents and loved ones to understand the basics of an elder abuse inquiry.

919931592_704c557b75

The Allegedly “Murky Field” of Elder Abuse and Competence

What does elder abuse look like, and how can we be certain when we see it? According to Rosalie Kane, a professor of health policy and management at the University of Minnesota, “the concept of elder abuse is a murky field.” Kane explained that “sometimes there’s too much branding of older people as incompetent,” and that can complicate conceptions of elder abuse. In other words, Kane believes that investigations into elder abuse allegations often aren’t taken seriously because of suspicions about the victim’s mental capacity.

Continue reading

by

When older adults become victims of elder abuse in their own homes, do they have any options to escape the violence? According to a recent article in the Orange County Register, more elderly adults are reporting that they’ve been the victims of physical abuse in Southern California, and the Orange County Elder and Dependent Adult Abuse Registry received more than 9,000 such reports last year alone.16570337968_57d62c7708

Elder Abuse on the Rise in Orange County

Over the last 10 years, the Orange County Elder and Dependent Adult Abuse Registry has received a 74 percent increase in reports of abuse. Between 2013 and 2014 alone, the reported cases of abuse rose by nearly 14 percent. Of those calls, more than 75 percent involved seniors aged 65 and older. Yet experts suspect that the number is actually much higher. In other words, numerous cases simply go unreported.

Continue reading

by

Back in 2013, a number of elderly residents in a Castro Valley facility were abandoned, “left without proper staffing or care for two days,” according to a recent article in the San Jose Mercury News. Now, the owner and administrator from the facility, Valley Springs Manor, “have been charged with felony elder abuse and could face up to 17 years in prison if convicted.”

Indictment for Felony Elder Abuse

Who can be held liable for the serious allegations concerning nursing home abuse in Castro Valley? Based on an announcement from California Attorney General Kamala Harris, both the owner of Valley Springs Manor, Herminigilda Manuel, as well as a top administrator, Edgar Babael, have been indicted on 14 felony counts of elder abuse. Manuel was arrested by agents from the Department of Homeland Security at San Francisco International Airport, and a warrant has been issued for the arrest of Babel.

Continue reading

by

According to a recent report from CBS Sacramento, a California court made clear that “health officials may no longer hide from public view all the relevant details about citations issued to hospitals and nursing homes.” To be sure, the California Supreme court unanimously decided that “only the names of patients may be omitted when the California Department of Public health releases records describing the sanctions it imposed on long-term care facilities for providing improper care or endangering clients.”

Will this decision help to address issues of nursing home abuse and elder neglect across the state?

Background of the Center for Investigative Reporting Case

Continue reading

by

Nursing-Home-Female-PatientWhen we discuss nursing home negligence, the conversation often centers on slip-and-falls, bedsores, or medication errors. These are tragic and far too common, but there is a darker, often silenced reality within the long-term care industry: sexual assault.

A harrowing case out of Greenbrae, California, recently brought this issue into the spotlight. A female resident of Kindred Nursing and Transitional Care filed a lawsuit alleging she was sexually assaulted twice within an eight-month span. The details are chilling—one incident involved an assailant dressed in medical scrubs and a surgical mask who removed the resident from her bed to commit the assault.

Perhaps more disturbing than the act itself was the facility’s response. Reports indicate that the Director of Nursing allegedly told staff there was “no need to inform the police” because the attack had occurred 12 hours prior. While the California Department of Public Health eventually launched investigations, the resident passed away at age 89 before seeing full justice in a courtroom.

Continue reading
Justia Lawyer Rating
Super Lawyers
BBB Rating A+
Avvo Rating 10.0
Elder Justice Advocates
Consumer Attorneys California
AV Preeminent badge
Contact Information
North County Office
950 Boardwalk
#304
San Marcos, CA 92078
Toll Free: 866.607.1325 Local: 760.571.5500 Fax: 760.571.5501
San Diego Office
2169 1st Ave
San Diego, CA 92101
Toll Free: 866.607.1325

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2026, Walton Law Firm
JUSTIA Law Firm Blog Design