Articles Posted in Elder Abuse

May 13, 2019

Understanding Poway Long Term Care Facility Citations

When nursing homes are cited for nursing home abuse and neglect in Poway, how are those citations determined? What can the type of citations a facility has received in the past tell potential residents about the quality of care at the facility?

It can be difficult to find a skilled nursing facility in Southern California that has a strong record when it comes to patient safety and patient care. One clear way to know that a facility has had problems in the past is to look into its citation history. However, nursing home citations can be difficult to understand. While a citation of any sort indicates that there is a problem, the different citation levels, including the most serious of the penalties, do not always clearly indicate by title alone that the facility has been cited for a serious incident of nursing home abuse or neglect. The following will explore these citations and describe the different categories.

Class AA Nursing Home Citations are the Most Serious Citation

April 5, 2019

Raising Elder Abuse Awareness in Vista

by Walton Law Firm

Did you know that a majority of elder abuse cases in Vista and throughout California likely go unreported? According to a report from Calaveras Enterprise, research suggests that “for every case of elder or dependent adult abuse known to agencies, 24 more are unknown.” Crimes against seniors in Southern California more generally are on the rise. The City of San Diego predicts that less than 20% of all incidents of elder abuse and neglect are reported in San Diego County. How can raising community awareness help to increase the rates of nursing home abuse reporting in Vista?

Nursing Home Abuse and Neglect is Vastly Underreported, but Raising Awareness can Help

In short, elder abuse is underreported. According to a report from Kusi News, reports of violent crimes against older adults in San Diego County rose by about 37% between 2016 and 2017. In each California county, more than 300 reports of suspected elder abuse are logged each year. If we accept that, for every single case reported there are 24 more unreported cases, that fact would mean that there are more than 7,000 incidents of elder abuse each year in San Diego County. Each month in California, the state Adult Protective Services (APS) gets more than 15,000 reports of elder abuse in the state, and the California Association of Area Agencies of Aging indicates that the number of reported abuse incidents is slowly increasing.

March 21, 2019

New Efforts to Address Elder Mistreatment in Emergency Departments

by Walton Law Firm

Residents of Carlsbad who have an elderly loved one in a nursing home or assisted living facility nearby, or who are currently exploring facilities for a loved one, should know about the risks of elder mistreatment and nursing home abuse. Every year, organizations in California and throughout the country take steps to address the continuing high rates of elder abuse, yet seniors continue to suffer preventable injuries as a result of abuse and neglect.

At the start of 2019, two new elder mistreatment prevention initiatives aim to take different approaches to the problem. We want to discuss these new efforts to detect elder abuse in emergency departments.

Elder Abuse as a Social Justice Issue

January 9, 2019

Spotting Emotional Elder Abuse in Rancho Bernardo

by Walton Law Firm

Nursing home abuse can take many different forms, and most of us expect it to be physical abuse or neglect. However, a common form of nursing home abuse is elder emotional or psychological abuse. It is important for family members and loved ones of elderly nursing home patients to be able to recognize the signs and symptoms of emotional abuse. As a recent article in the Post-Examiner explains, emotional or psychological abuse is one of the most difficult forms of abuse to recognize because it “leaves no physical signs and can be hard to detect.” What should you know about emotional elder abuse, and what are some of the ways to spot it?

What is Emotional or Psychological Elder Abuse?

According to the article, emotional or psychological abuse is defined as “the infliction of mental suffering, anguish, pain, or distress on a nursing home resident either by words, actions, or even inaction.” Emotional elder abuse changes the way an elderly person feels and thinks, and there are rarely obvious physical signs. An article from WebMD defines emotional or psychological abuse similarly, explaining that it can be “any action that hurts a person emotionally.” The article further clarifies that emotional abuse can happen when an individual threatens a senior, yells at a senior, calls a senior names, talks down to a senior, repeatedly ignores a senior; or controls whom the senior can see and where the senior can go.

December 14, 2018

AARP and California Nursing Home Abuse

by Walton Law Firm

In Poway and elsewhere in the state of California, elderly residents of nursing homes are facing unfair evictions and what has been termed “patient dumping.” In many cases, these evictions may amount to nursing home abuse or neglect. According to a press release from the organization, the AARP Foundation filed a lawsuit against a facility in Northern California after it unlawfully evicted an 83-year-old patient. The lawsuit emphasizes the growing problem of illegal nursing home evictions in California and across the country, and it also offers an opportunity for families to think carefully about the type of skilled nursing facility that is providing the care for an elderly family member.

Lawsuit Alleges Illegal Eviction of Nursing Home Resident

The AARP Foundation explains that the resident at the center of the lawsuit, Gloria Single, had been residing at Pioneer House in the Sacramento area until she was evicted in March of last year. Single suffers from Alzheimer’s disease, and she requires particular care in a skilled nursing facility. The lawsuit alleges that Pioneer House, the RHF Foundation, and corporate affiliates are responsible for “illegally dump[ing]” Single at a hospital, which meant that the defendants “willfully violat[ed] a State order requiring that they allow her to return home.”

November 30, 2018

Cracking Down on Skilled Nursing Facilities in Escondido

by Walton Law Firm

Is the state of California doing enough to penalize skilled nursing facilities in Escondido and throughout North County that are putting their patients’ health and safety at risk? According to a recent article from California Health Report, the California State Auditor issued a report declaring that “California’s skilled nursing facilities are increasingly putting their residents’ health in jeopardy, yet the state is failing to adequately crack down on the problem.” In other words, patients may be suffering injuries as a result of nursing home abuse or neglect, but state agencies are not doing enough to punish and prevent those incidents.

What else should seniors in Southern California and their families know about nursing home abuse and the details of the recent report?

Increase in Substandard Care at California Skilled Nursing Facilities

November 16, 2018

Creating a Blueprint to Combat Elder Abuse in San Diego County

by Walton Law Firm

In San Marcos and throughout San Diego County, new plans are being developed to combat elder abuse and to make Southern California a safer place for seniors. According to a recent article in U.S. News & World Report, San Diego County has long been named as a desirable place to live and a great location to take a family vacation. Recently, the area’s “above-average score in public safety” meant that it made the U.S. News & World Report ranking of “America’s Top 500 Healthiest Communities” out of more than 3,000 nationwide. That ranking means that, on average, San Diego County residents are among the healthiest—and happiest—in the country. In fact, the San Diego metro area is growing yet remains one of the safest in the U.S. But does the same hold true for elderly residents of San Marcos and other parts of North County?

According to the article, San Diego County District Attorney Summer Stephan is working on a “blueprint” to help stop, prosecute, and eventually prevent nursing home abuse and elder neglect in the area.

District Attorney’s Office Focuses on Senior Safety Concerns

September 18, 2018

Mental Health May Affect a San Clemente Nursing Home Resident’s Ability to Find a Top-Quality Facility

by Walton Law Firm

When you have an elderly loved one with mental health issues in San Clemente, it can be difficult to find a skilled nursing facility that can provide the type of care, as well as the quality of care, that your family member needs. Having a loved one with a mental health issue can mean that she or he may be more vulnerable to nursing home abuse or neglect, or at least the ability to identify and properly report it. As such, it is often particularly important for families searching for nursing homes for a loved one with a mental illness to find a facility with high marks and a history of quality care.

According to a recent article from Reuters Health, “even people with common and often treatable mental health problems like depression and anxiety may have a harder time than patients without these diagnoses getting admitted to a high-quality nursing home.” How does an elderly patient’s mental health impact his or her ability to get accepted into a particular nursing home or assisted-living facility?

Study Says Nursing Homes With High Ratings May be Less Likely to Accept Patients With History of Mental Health Problems

July 26, 2018

What San Diego Families Should Know About Self-Inflicted Elder Abuse

by Walton Law Firm

When your elderly loved one shows signs of elder abuse or neglect, how can you know whether a caregiver is perpetrating the abuse or whether the harm is self-inflicted? Depending upon whether an older adult in your life has been injured because of negligence by a staff member at a nursing home or because of the senior’s self-neglect, families need to take very different steps. Learning about elder abuse by a caregiver could warrant legal action, while self-inflicted neglect requires different action. According to a recent article in The New York Times, the problem of self-neglect is an underreported one, and “it accounts for more calls to adult protective services nationwide than any other form of elder abuse.”

What should San Diego families know about self-inflicted elder abuse? How do signs and symptoms of self-inflicted abuse differ from signs of neglect when a caregiver or nursing home may be responsible?

What is Elder Self-Neglect?

June 28, 2018

RCFE Evictions and Elderly Rights in San Marcos

by Walton Law Firm

Nursing home evictions have become a serious issue within the larger topic of nursing home abuse and neglect in California and throughout the country. Organizations such as AARP are getting involved in stopping illegal nursing home evictions and questioning the ways in which both federal and state law provides protections to seniors who are being kicked out of facilities. While many commentators are discussing illegal evictions from nursing homes, what about illegal evictions from assisted-living facilities and residential care facilities for the elderly (RCFEs) in California?

All of this talk about unlawful nursing home evictions begs the question: What are an elderly person’s rights when it comes to evictions from RCFEs? California Advocates for Nursing Home Reform (CANHR) provides a fact sheet on RCFEs and eviction protection. We want to discuss RCFE evictions with you and help you to understand steps to take when an elderly loved one becomes vulnerable.

What are the Lawful Reasons that an Elderly Resident of an RCFE can be Evicted?

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