Articles Posted in Elder Care

May 6, 2016

Learning More About California’s Elder Neglect Laws

We often discuss cases of nursing home abuse and neglect in San Diego, and in facilities throughout the state of California. But when we talk about filing an elder abuse or neglect lawsuit, what exactly do we mean? In other words, what elements must be present in order to have a valid elder neglect claim? To better understand how suspicions of nursing home abuse or neglect can result in a lawsuit, we should take a closer look at both the signs of neglect, as well as the elements of the laws that prohibit it.

Recognizing Signs of Elder Neglect

Before we look at the specific elements of neglect and abuse outlined by the California Elder Abuse and Dependent Adult Civil Protection Act, we should take a look at the signs and symptoms of neglect and physical abuse. A fact sheet from the Administration on Aging (AoA) lists the following as signs and symptoms of elder neglect:

April 22, 2016

Mixed Age Population in California’s Nursing Home May Be ‘Dangerous’

by Walton Law Firm

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Many of us know that the population of seniors in California is growing, and that it will continue to expand over the next couple of decades. According to statistics from the Administration on Aging (AoA), Americans aged 65 and older made up a little over 14% of the population in 2013 (or around 44.7 million people). That number is expected to grow to nearly 22% of the population by the year 2040, and it will more than double—to around 98 million people—by the year 2060. What do these numbers mean for the current population of residents in California’s nursing homes and assisted-living facilities? According to a recent article in The Sacramento Bee, “the number of under-65 nursing home residents has surged 40% in a decade,” and it may be producing a “dangerous mix” at facilities.

When nursing homes serve clients in very different age groups, what problems can arise? Do these issues rise to the level of nursing home abuse or neglect?

April 15, 2016

Boarding Homes and Elder Abuse Risks

by Walton Law Firm

When we read news stories or hear anecdotes about elder abuse and neglect in San Diego, we often thinking about harms that occur in nursing homes, assisted-living facilities, and residential care facilities for the elderly (RCFEs). In other words, we consider the risks our elderly loved one face in facilities that are required to be licensed by the state of California. When injuries do occur at these regulated places, we should consider the ways in which the California Department of Public Health might be responsible.

But what happens when an older adult sustains elder abuse injuries at a boarding home—a type of residence that does not have to be licensed or certified by the state? A recent article in the San Jose Mercury News discussed the rising number of boarding homes for seniors in California and the ways in which these residences could be the most dangerous of all.

Initial Financial Benefits of Boarding Homes

April 8, 2016

Reexamining California’s Nursing Home Quality

by Walton Law Firm

Over the last couple of years, the quality of care in California nursing homes and assisted-living facilities—in effect, the salient instances of nursing home abuse—has received national attention. Back in 2013, a special report from U-T San Diego discussed the “Deadly Neglect” happening at facilities across the state. That report highlighted the need for elder safety advocates, local and national agencies, and state and federal lawmakers to take steps to ensure that the very vulnerable population of elder residents across the country begins receiving proper care. But have legislators done enough? Are California nursing homes, assisted-living facilities, and residential care facilities for the elderly (RCFEs) taking steps to change the harmful practices that resulted in elder abuse and neglect?

According to a recent report in California Newswire, newly proposed legislation in our state suggests that, when it comes to nursing home quality in California, facilities continue to fall short. The bill (AB 2079) aims to improve patient safety at facilities throughout the state and to protect California taxpayers.

California Legislators Aim to Improve Patient Safety

March 25, 2016

California’s Recent $1 Million Elder Abuse Settlement

by Walton Law Firm

When patients allege that a nursing home is responsible for injuries caused by elder abuse and neglect, what can they expect to receive in damages if they settle or win a case? According to a recent article in The Press Democrat, a “high-end Santa Rosa nursing home has agreed to pay $1 million to settle a wrongful death and elder abuse lawsuit alleging it allowed a patient to die from complications of a bedsore.” The settlement goes to show that nursing home abuse can happen at any level of facility—even at the most seemingly posh facilities—and elder abuse claims can result in substantial settlements.

To better understand the allegations, we should take a closer look at the case. In the meantime, if you have concerns about an elderly loved one’s safety in a California facility, you should speak with an experienced San Diego nursing home abuse attorney to learn more about filing a claim for compensation.

Brookdale Fountaingrove Nursing Home Agrees to Million Dollar Payout

March 18, 2016

Nursing Home Evictions and Elder Abuse in California

by Walton Law Firm

If you live in a nursing home, do you have the same rights as a tenant who rents a home from a landlord? According to a recent report from NPR, numerous nursing home residents who live the facility for a temporary inpatient hospital visit return to the nursing home only to learn that they have been evicted. As the article makes clear, this pattern results each year in thousands of nursing home residents finding themselves without a place to live, and that often leads to less-than-ideal situations that can involve elder abuse. Currently, federal law protects nursing home residents from these kinds of evictions, but as the article underscores, “those rules are rarely enforced by the states.” As such, California nursing home residents have decided to file claims against the state of California.

Plaintiffs File Claims Over Nursing Home Evictions

According to the NPR report, when nursing home residents cannot return to their rooms at the nursing facility, they are left with very expensive hospital bills and often the inability to receive the specific kind of care provided in a nursing home. For instance, one plaintiff who was evicted from his nursing home is currently living in his hospital room at Sutter Medical Center in Sacramento. At the end of May 2015, his nursing home sent him to the hospital to receive treatment for pneumonia. However, once the pneumonia had been treated, the nursing home would not readmit him. As such, he has been living at the hospital for about 260 days now. The financial costs are very high: Medicaid is paying “about 2.5 times what his nursing home cost.”

March 4, 2016

New Definitions of Elder Abuse to Streamline Prevention Efforts

by Walton Law Firm

How Do We Define Nursing Home Abuse in San Diego?

When we are trying to learn what constitutes nursing home abuse or elder neglect, where do we turn for information? One of the primary sources for information on elder abuse is the National Center on Elder Abuse (NCEA), which is directed by the U.S. Administration on Aging (AoA). The NCEA provides important statistics about elder abuse and neglect across the country, as well as fact sheets that can help us to distinguish among different forms of abuse and to determine whether our elderly loved have been subject to some form of nursing home neglect. In Southern California, we are also fortunate to have the resources provided by the California Advocates for Nursing Home Reform (CANHR). Indeed, CANHR helps to sponsor bills aimed at preventing nursing home abuse in our state.

Are these resources sufficient to raise awareness among the greater public about the prevalence of nursing home abuse and neglect in California and across the country? According to a recent article in Long-Term Living, there is a new joint effort by the Centers for Disease Control and Prevention (CDC and the National Center for Injury Prevention and Control to “publish national definitions for various aspects of elder abuse.

February 5, 2016

Physicians Ask: What Provokes Elder Abuse?

by Walton Law Firm

For those of us with elderly loved ones who are currently living in nursing homes or assisted-living facilities, the threat of injuries caused by nursing home abuse is all too real. But what leads staff members at these facilities to perpetrate acts of elder abuse and neglect? Often, as we have noted in previous posts, understaffing at nursing homes frequently results in patients not receiving proper levels of care. But when we think about physical elder abuse, it is more difficult for most San Diego residents to consider explanations.

The possibility of nursing home abuse is abhorrent to us, but it can be difficult to understand why, exactly, it happens. According to a recent article in Forbes Magazine, one emergency room physician decided to look more closely into acts and events that prompt elder abuse.

Exploring Causes of Elder Abuse

January 8, 2016

California Law Library Educates Public About Elder Abuse

by Walton Law Firm

It can be difficult for California residents who do not have specific ties to elder advocacy groups to learn more about confronting nursing home abuse and neglect in our communities. Yet one city in California has taken steps to make materials about elder abuse awareness and prevention more accessible to members of the community who do not necessarily have specific knowledge about law enforcement or legal advocacy. According to a recent article in the Pleasant Hill Patch, the Contra Costa County Public Law Library is open to the public, providing “resources to help recognize and report elder abuse.”

Library with a “Special Interest in Serving Seniors”

The Contra Costa County Public Law Library has branches in a number of cities in northern California, including Martinez, Richmond, and Pittsburg. Its emphasis on providing “information and resources for recognizing and reporting elder abuse” is an aim that could easily be taken up in Southern California as well, encouraging more San Diego residents to get the information they need to help put a stop to nursing home abuse. As the article articulates, the Contra Costa County library has a “special interest in serving seniors,” and as a result it targets senior citizens in California in its outreach activities.

January 1, 2016

Improving the Image of Nursing Home Care

by Walton Law Firm

According to a recent article from U.S. News & World Report, many nursing homes in California and across the country are working hard to eradicate elder abuse and neglect, but there is still more work to be done. As the article explains, “the next generation of nursing homes is working to shed old stereotypes.” But do cases of nursing home abuse persist?

Changing the Face of Nursing Homes in California

How do most of us imagine nursing facilities when we have not visited loved ones who are residents? The article in U.S. News & World Report notes that, “for many, the image of nursing homes is one of sad, sterile institutions where elderly people are left isolated by family members who stop caring.” Generally speaking, this image of nursing homes is not accurate. We cannot necessarily tell whether a facility is taking good care of its residents—and taking important steps to prevent elder abuse and neglect—just by looking at it. As we have noted in previous posts, numerous nursing homes that have been fined for nursing home abuse or neglect have posh interiors and carry higher price tags than safer facilities.

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