Articles Posted in Elder Abuse

August 31, 2009

Dementia, Abuse Rise with Aging Population

Aggressive behavior by nursing home residents is on the rise, and is becoming a big problem in nursing homes and residential care facilities around the country.

“Resident-on-resident aggression is substantially more common than previously thought,” said Dr. Karl Pillemer, a Cornell University gerontologist. “While they are mentally impaired, they are not physically impaired. They can do considerable damage.”

It is estimated that roughly half of Americans over the age of 85 suffer from Alzheimer’s disease or some other form of dementia. With the population of elderly set to explode in the next 20 years – those 65 or older will make up 20 percent of the U.S. population – most experts agree that the problem is only going to get worse.

August 25, 2009

Nursing Home Resident Charged for Punching Fellow Resident

by Walton Law Firm

Police arrested a nursing home resident after he punched a fellow resident because he thought the man was stealing his food. According to new accounts, Ardyce Nauden was charged with aggravated battery after punching 72-year-old and wheelchair-bound Andres Cardona in the face, knocking him unconscious.

Nauden allegedly stated, “He was trying to steal my food and that is why I hit him. I held onto the bed with my right hand and hit him with my left hand.”

Peer-on-peer resident abuse in the nursing home setting is not uncommon. A study by Cornell University found that aggression and violence between residents is more prevalent than abuse or neglect from nursing home employees. According to the Cornell study, peer abuse is nursing home is a problem that has received little attention.

July 22, 2009

California Senate Restores Ombudsman Funding to Protect Abused and Neglected Nursing Home Residents

by Walton Law Firm

The California State Assembly voted overwhelmingly to approve Assembly Bill 392, which would immediately restore $1.6 million to Long-Term Care Ombudsman programs throughout the state. Much of the funding to the programs was cut last year when Gov. Schwarzenegger vetoed the Ombudsman funding request.

In June 2009, a nursing home owner was arrested on allegations of criminal abuse and neglect, when a resident of his facility was so severely neglect that pressure sores went untreated and led to a fatal infection. Numerous nursing homes throughout the state have received citations for failing to provide adequate care of residents. Without an Ombudsman program, it is difficult to monitor the care the residents of these facilities.

“We need to take every step we can to protect seniors who may be at serious risk of abuse or exploitation,” said Assembly member Mike Feuer (D-Los Angeles), who authored the bill. “The funds provided to Ombudsman programs in AB 392 fill this important need during the next year. Isolated and vulnerable residents of nursing homes and assisted living facilities have nowhere else to turn, and their lives depend upon these programs being restored immediately.”

July 20, 2009

Elder Abuse Cases Not Seen As Serious Crimes

by Walton Law Firm

Elder abuse cases are rarely reported, and even more rarely prosecuted. “Elder abuse cases, for whatever inappropriate reason, are not considered as severe,” said Riverside County District Attorney Rod Pacheco.

The reasons for the low reporting and prosecuting are varied. There is the embarrassment of being a victim, and in many cases – up to two-thirds – the elderly victim knows the abuser. But there is also the problem of ageism; the failure to take the matter seriously because the victim is elderly.

And it’s not just the public that needs educating about elder abuse and neglect, but law enforcement as well. Riverside County has a special team dedicated to elder abuse cases, and it sees the ageism first hand. “They’re old. They didn’t have to live anyway,” are the types of excuses heard by Tristan Svare, a San Bernardino deputy district attorney.

July 15, 2009

California Nursing Board Replaced After Investigation

by Walton Law Firm

After a L.A.Times and ProPublica investigtion found that violent or negligent nurses were allowed to stay on the job for years because of slow responses from the California Board of Nursing, Gov. Arnold Schwarzenegger fired three of the seven appointees to the board. The Governor also named six new members to the nine-member panel, which oversees the work of approximately 350,000 registered nurses in California.

Schwarzenegger was forceful in his response to the report: “It is absolutely unacceptable that it takes years to investigate such outrageous allegations of misconduct against licensed health professionals whom the public rely on for their health and well-being.”

The report from the LA Times (which was blogged about here) discovered nurses who continued to work years despite documented histories of incompetence, violence, criminal convictions and drug theft or abuse.

July 14, 2009

Value of Nursing Home Rating System Debated

by Walton Law Firm

It’s been almost six months since Nursing Home Compare was launched, and all of the nations 15,600 nursing homes were listed and rated by the U.S. government. The reviews are in, and it’s no blockbuster, but it isn’t a flop.

For consumers, it’s been mostly a good thing. It is the most complete nursing home rating website, which provides information about nursing staffing, state inspections, allegations of neglect. But some consumer groups want more details included about inspection results, and how staffing hours is calculated. Just counting workers, they say, is no indicator of the quality of care.

The nursing home industry, which tried to delay the website’s rollout, says the grading system used by the site is misleading. Just because an allegation of neglect or abuse is made, it doesn’t mean it has been substantiated.

July 11, 2009

Bad Nurses Cause Needless Suffering

by Walton Law Firm

One nurse twisted a patient’s jaw until he screamed. Another grabbed an elderly man by the shoulders and slammed him against a mattress. Our 70-year-old client was punched in the face by an angry nurse while giving our client a bath.

Charles Ornstein of the LA Times is out with an article today about problem nurses. He highlights a very troubling fact: It sometimes takes years for a formal complaint against a nurse to be addressed by the California Board of Registered Nursing. As Ornstein writes:

It’s a high-stakes gamble that no one will be hurt as nurses with histories of drug abuse, negligence, violence and incompetence continue to provide care across the state. While the inquiries drag on, many nurses maintain spotless records. New employers and patients have no way of knowing the risks.

July 1, 2009

Civil Rights Lawsuits Against Nursing Homes Given Green Light

by Walton Law Firm

The U.S. Court of Appeals, 3rd Circuit has ruled that the Federal Nursing Home Reform Amendments grants residents of county-operated nursing homes the right to bring civil rights claims for allegations of abuse, neglect, or other care-related complaints.

The ruling arose in a case involving the 80-year-old Melvinteen Daniels, who died in a county-run nursing home as a result of neglect, malnourishment, and pressure ulcers. The family brought a lawsuit against the nursing home alleging, among other things, civil rights claims under Section 1983. Challenges to the claims wound their way through the courts and leading to yesterday’s ruling.

In a 23-page opinion, U.S. Circuit Judge Richard L. Nygaard held that, “the language used throughout the FNHRA is explicitly and unambiguously rights-creating. These provisions make clear that nursing homes must provide a basic level of service and care for residents and Medicaid patients.”

June 3, 2009

Elder Abuse Hard To Verify if Victim Can’t Speak

by Walton Law Firm

When Doris Weaver saw her mother’s black eye at the local hospital emergency room where she had been taken from a nursing home, she was stunned.

“She had a bruise from her temple all the way down to her lower earlobe,” said Weaver. “Her eye was black and was swollen.”

Weaver demanded to know what caused her mother’s injury, and even filed a police report, but to date she has gotten now answers…from anyone, even her mother, who cannot speak. [Read the entire story here]

June 1, 2009

Elder Abuse – What are the Signs?

by Walton Law Firm

There is a short but solid article in a New Jersey paper today addressing the signs of elder abuse. New Jersey attorney Victoria Dalton lays out the real world signs and symptoms of elder abuse, which she defines simply as taking advantage of the elderly.

Physical Abuse

Physical abuse is simply the use of physical force which causes bodily injury, pain or some other type of impairment. It can also include hitting, shaking, slapping, kicking, or pinching. The signs to be aware of include bruises, broken limbs, welts, cuts, burns or marks.

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