Articles Posted in Elder Abuse

The University of California Irvine reports that it received a three-year $1 million grant from the United States Administration on Aging in order to help them combat elder abuse involving individuals with dementia. The Program in Geriatrics will use the funds to implement its “Take AIM Against Elder Abuse” program.homecare.jpeg

U.C. Irvine is one of five institutions receiving grants under the new federal initiative aimed at testing promising community-based elder abuse prevention practices. The $1 million grant will be dispersed over a three year period. Kathleen Sebelius, the U.S. Secretary of Health and Human Services announced the grant at a meeting of the Elder Justice Coordinating Council in Washington, D.C. on October 10. Dr. Laura Mosqueda, the chair of U.C. Irvine’s Department of Family Medicine and the director of the geriatrics program, also spoke at the council meeting. Dr. Mosqueda was quoted as saying, “The sad fact is that about one of every two people with dementia is abused or neglected. This grant allows us to develop and evaluate a new model to reduce the risk of elder abuse.” Dr. Mosqueda went on to describe the fact that if you look at the abuse statistics and then also look at the fact that one out of every two people over 85 is diagnosed with dementia, then you will see how large the impact of this program can be. The Administration on Aging estimates that by 2030 one in five Americans will be over the age of 65; therefore, the impact of this grant will be even more important down the road.

As of September 2011, U.C. Irvine’s Program in Geriatrics was ranked among the top 50 in the country by U.S. News and World Report. As a result, the U.S. Administration on Aging designated it as the National Center on Elder Abuse. This means that U.C. Irvine’s program is a “clearinghouse” for practical information supporting federal, state, and local efforts to prevent, identify, and respond to instances of elder abuse.

In a recent article in the San Francisco Chronicle, Dr. Edgar Pierluissi brings to light an issue that many people are unaware of. It is an interesting “paradox” as Pierluissi puts it that seniors can be in no better place than a hospital for identifying, treating and monitoring illnesses, but that hospitalization “accounts for about half of all new-onset disability and worsening of existing physical disability in people older than 70.” The onset of disability or worsening of existing conditions is called “Hospitalization-Associated Disability.” <img alt="elderinhospital.jpeg" src="/files/2014/02/elderinhospital.jpeg" width="275" height="183" align="left" hspace="10" vspace="10" /

Causes of Hospitalization-Associated Disability

Elderly patients encounter numerous hazards during hospitalization.There are physical hazards such as bed or pressure sores, adverse drug reactions, and bowel or bladder dysfunction. Psychological hazards include confusion and depression. These hazards alone or combined can contribute to new or increased disability and a loss of independence according to Pierlussi. Doctors, patients, and relatives fear that an individual enters the hospital for treatment of an illness, but leaves disabled and no longer able to live alone.

The Sacramento Business Journal reported today on a new website that the California Department of Insurance launched in order to help educate California seniors. The article highlights a few aspects of the new site called “Senior Gateway”, but once you visit the site, you see that it has a lot to offer to not only seniors, but their families, caregivers and representatives as well.

Here are a few bullet points outlined by the Sacramento Business Journal for what “Senior Gateway” offers:

*Avoiding and reporting abuse and neglect by in-home caregivers or in facilities

Two caregivers are charged with physically abusing a young autistic man inside his family’s home. This story emphasizes the serious issue of whether or not you can trust your in-home caregiver. The U-T San Diego recently reported that two men, Michael Dale Garritson, 61, and Matthew Alexander McDuffie, 27, were charged with abuse after a secret video showed them physically abusing the 23-year-old autistic man, Jamey Oakley – hundreds of times over a three-week period.

This latest news story screams several questions that anyone who employs in-home care must be dying to ask.

How Did This Abuse Happen?

A vast majority of the public has little if any knowledge regarding whether or not he or she has a claim for damages in the event of an accident. Often, the mentality of injured individuals is simply, “I’m hurt. I want money. Now who can I go after?” The key term that is thrown around a lot, but is not always completely understood, is negligence. The concept of negligence is the key to a claim for damages if you or someone you love is injured in a nursing home. Negligence is based on the theory that individuals in society must act in a specific responsible manner to ensure that lack of care does not negatively impact the society around them. The elements of a claim for negligence are first nature for attorneys, but are helpful to know for other individuals as well. Knowing these elements will not only help clarify a situation in which you think you might have a claim, but it will also enlighten you as to your own actions and responsibilities in daily life, both at work and at home. The elements that must be present in a claim for damages based on negligence are Duty, Breach, Causation, and Damages.

nurse.jpegDuty

Everyone has certain duties or responsibilities built into their daily lives. You can have a duty to act a certain way or a duty to not act a certain way. The staff members at a nursing home have a duty to care for the individuals living at the facility. There are certain actions they must take to care for the patients such as checking for bed sores and making sure medications are administered. On the other hand, they are not to engage in abusive behavior or neglectful practices. Certain individuals such as healthcare providers have heightened levels of responsibility due to their profession.

The recent sentencing of a former nursing home administrator from a Lake Isabella facility is sure to send shockwaves throughout the nursing home community. Channel 17 KGET news recently reported that Pamela Ott, a former nursing home administrator, was sentenced to three years probation and 300 hours of community service for the actions committed by lower ranking staff while under her watch and her subsequent lack of action to prevent further crimes. The news station reported that this is the first time in the country that an administrator was held criminally responsible for the administration of pyschotropic medications.

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The facts of the case paint Ott not as someone committing criminal acts, but instead as someone who failed to respond to criminal actions. Because of Ott’s failure to act, eight residents of the home were seriously injured and three of those died. From August 2006 to August 2007, these eight residents were inappropriately medicated by lower ranking staff in order to keep them quiet and subdued. Ott failed to monitor the medicating practices of the staff and then later failed to investigate these incidents after they were reported to her. She received complaints about nursing director Gwen Hughes’ abusive actions at the home, but ignored those complaints and instructed the employees to follow the director’s instructions. Ott was told by staff members that residents were being “forcefully restrained and injected with medications” according to The Bakersfield Californian, but she failed to do anything about it. Ott plead no contest to a felony count of conspiracy to commit an act injurious to public health according to the report. Ott’s plea deal resulted in three years probation and 300 hours of community service. If she had fought the charges and had been convicted on all counts, she could have faced 20 years or more in prison.

Our San Diego Elder Law Attorneys point to this regretful situation as additional evidence that both residents of nursing homes and their family and friends need to keep a careful watch over the conditions within nursing homes and the actions of the staff. In this instance, employees of the nursing home were using abusive tactics involving restraints and medication in order to subdue and control the residents. The evidence presented showed that this behavior was reported, but the nursing home administrator failed to handle the complaints appropriately, leading to additional instances of abuse and the resulting mistreatment of the side effects of the abuse. Three residents died. Our Southern California nursing home abuse lawyers agree with the prosecution in making a resounding statement that this type of behavior should not go unpunished.

sun%20%28Luz%20Adriana%20Villa%20A%29.jpgIn nursing homes, the inactions and neglect of those responsible can be equally harmful as overt acts and exploits. According to the L.A. Times, a lawsuit has been filed against a Valencia assisted-living center alleging that staff members egregiously disregarded 89 year-old resident, Loretta Hooker, abandoning her in the blistering California heat. Unresponsive upon her own son’s arrival, she was pronounced dead by emergency room doctors a mere hours later.

Hooker’s son Ronald Corn moved her into the facility in April 2010 due to her weak physical condition and progression of dementia. Sunrise Sterling Canyon Assisted Living was chosen because of its claims of being a center with security for those with Alzheimer’s and dementia. Therefore, Mr. Corn trusted putting his own mother into this facility, as she began needing greater aid with day-to-day tasks.

But in August of the following year, her son found his mother on the scorching patio—no shade, no assistance. Mr. Corn immediately took her, “weak and sweating profusely,” back inside. At the time, Loretta Hooker was unable to enter back into the facility. With no supervision, this woman was “in obvious discomfort.”

But a mere week later, Mr. Corn stumbled upon a very similar, yet deadly scene: His mother was again left in the blinding California sun with no assistance. Unresponsive, she was taken to the ER where doctors stated that she was in cardiac arrest. Doctors unsuccessfully attempted to lower her body temperature, but she was pronounced dead shortly thereafter. Doctors determined that the cause of death was cardiovascular disease and hyperthermia. Her existing cardiovascular problems were triggered when she was left in the heat.

The California Department of Social Services commenced an investigation into the matter and the facility. Although there was apparent rationale to believe that neglect had occurred, the Los Angeles County Sheriff’s Department stated that there was insufficient evidence to “charge anyone with a crime.” Our San Diego elder neglect attorneys often explain how even though criminal charges are rarely filed in these cases, civil suits are often appropriate.

Less than two weeks ago, Ronald Corn filed a lawsuit accusing Sunrise Sterling of elder abuse, neglect, and wrongful death. Furthermore, it seeks damages including medical and funeral expenses, and “general damages for pain and suffering.” The nursing home neglect suit states that Loretta Hooker’s body temperature was an astounding 103.3 degrees when she was pronounced dead.

Like many nursing home abuse cases, Loretta Hooker’s situation was a recurring nightmare. As earlier mentioned, Mr. Corn found his mother in parallel circumstances only a week before her death; who knows if Hooker had been left out in that heat more than just twice. The son’s attorney summarizes why this cruel problem happens, saying, “This case is all about the tragedy that occurs when elder care facilities put profits over their sacred responsibility to do everything possible to protect and enhance the lives of the people entrusted to their care.”

The monster that is nursing home abuse can come in many forms: physical acts, profit-chasing, or, as seen here, obvious negligence. Yet, in whatever shape it occurs, it should never be tolerated. Protect yourself and protect your loved ones; if you are afraid of nursing home abuse in your own lives, please consider contacting our San Diego elderly abuse attorneys. These experienced lawyers can help you navigate through your potential options and bring a sense of security back into your lives.

See Our Related Blog Posts:

Nursing Home Employee Allegedly Swindled Over $100K from Elderly Resident

Two Elderly Men Repeatedly Abused at Assisted Living Home

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A nurse has pled guilty to drugging her Alzheimer’s patients for no apparent reason other than to keep them quiet during her work shifts, reports The Herald Sun. Sadly, the nurse’s illegal, unethical, and unprofessional behavior led to one elderly patient’s tragic death. The elderly woman, Rachel Holliday, 84, died of pneumonia brought about by morphine toxicity. Six other patients also were hospitalized due to the nurse’s wrongful actions.

The nurse, Angela Almore, plead guilty to involuntary manslaughter and six counts of patient abuse. Though she sobbed throughout the hearing, she did not speak specifically about her crimes or apologize for her actions. Almore, who is a registered nurse, was working in the Alzheimer’s unit on February 13 and 14, 2010. According to the district attorney’s office, she made statements indicating she did not want to see her patients on those nights and that she had given them something to “relax.” She even bragged “‘she [had] knocked all their asses out.’”

In fact, the nurse had drugged her patients with strong opiates. All 14 patients in the unit tested positive for opiates, but only 1 of them had been prescribed morphine. One elderly woman, Rachel Holliday, went into acute respiratory distress on the night of February 14th. She, too, tested positive for opiates, though she had never been prescribed the drug. Several other patients in the Alzheimer’s unit exhibited signs of respiratory problems and lethargy. All of them tested positive for opiates; none of them had prescriptions for the powerful drugs. Ms. Holliday and her fellow residents were rushed to the hospital, but for Ms. Holliday, it was too late. She died from complications created by the un-prescribed morphine.

elder%20%20fade.jpgA California health care facility has undertaken a controversial move, reports San Diego 10 News. The Vista Gardens facility, a home for Alzheimer’s and dementia patients, recently installed surveillance cameras in patient rooms. The home claims the cameras are meant to protect patients specifically suffering from memory loss. Our San Diego elder abuse lawyers know many families worry about the safety of their loved ones living in long-term residential facilities. The home’s $200,000 worth of surveillance cameras protect “those who can’t report for themselves and need monitoring or safety measures,” stated Dr. Jacqueline Dupont of Vista Gardens.

Vista Gardens is a posh facility that includes a number of amenities such as a sports bar, spa, and putting green. It is family owned and operated. Owner Don Crowell explained that the cameras, which currently are not operational, serve a two-pronged function because they protect both the residents and the caregivers. “‘Two different things can happen,’ said Crowell. ‘Somebody has been abused or somebody may think they’ve been abused and they haven’t.’”

Under California law, cameras can be used to monitor residents in common areas such as hallways or dining facilities. For the moment, the cameras installed in patient bedrooms must remain off, according to the California Department of Social Services. One elder advocate stated the cameras in patient rooms are designed to be used as a “look back,” and are appropriate if used in that way. This means the cameras would be rolling, but no one would monitor them in real time. The film would only be reviewed if a problem were raised. However, an appropriate balance must be found between health and safety, and the patient’s right to privacy, said the State Department of Social Services. Michael Weston, spokesman for the California Department of Social Services, said he expects there to be decision regarding the use of cameras in private living areas of licensed community care facilities within the next few months.

A lawsuit has been filed against a Redlands retirement facility for allegedly failing to provide the quality of services promised to an elderly resident, reports the Redlands Daily Facts. The complaint also alleges the facility, Mission Commons Retirement Residence, is not staffed or operated in compliance with California law. Our San Bernardino elder neglect lawyers work with families in many surrounding communities and often hear from families that are concerned about the care their loved ones are receiving in California nursing homes and long-term care facilities. It is natural to have such concerns, and while we cannot endorse any one way to locate an appropriate facility, we do recommend doing as much research as possible on the nursing homes in your area and making site visits to those facilities.

According to the lawsuit against the Redlands retirement home, former resident Jack K. Hanson, Sr. lived at the independent and assisted living facility from June 2009 until his death in April 2011. His family says that residents at the facility do not receive the quality of services they pay for. Initially, Mr. Hanson paid $5,000 per month to live at the facility. In exchange, Mission Commons Retirement Residence promised to provide care that complied with California law and the level of care described in its “Admissions Agreement,” which was signed by both parties.

When he first entered the facility, Mr. Hanson was part of Mission Commons’ independent living facility. However, as his condition worsened, his family agreed to pay more money, $5,500 a month, to move him to another part of the facility with the promise of better care. The complaint, filed in the Los Angeles County Superior Court, claims the elderly man suffered a fracture and pressure sores due to the negligent care he received. Those injuries, as well as general neglect, allegedly led to the man’s death. handshake.jpg

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