Articles Posted in Elder Care

Profiting from Bad Hospice Ethics

Last week, we discussed a recent phenomenon in the hospice care industry that’s quickly becoming an elder abuse concern. Specifically, hospice—a form of care designed to allow “patients to die at home or in other familiar surroundings,” according to an article in the Washington Post—has turned into a financially lucrative business. But is it an ethical one? Are hospice companies acting outside the boundaries of the law? And is it possible to take legal action against hospice chains that recruit patients who aren’t suffering from a terminal illness?

Old%20Dying%20Woman.jpgFirst, it’s important to have a clear idea about why hospices are bringing in relatively healthy older adults, and how these companies are profiting from non-terminal patients. How did this start to happen? In short, many hospice care centers have begun recruiting patients with aggressive marketing tactics, and many of those patients aren’t terminal. It’s in the financial interest of a hospice chain to “find patients well before death,” the Washington Post reported. And the reason is simple: “Medicare pays a hospice about $150 a day per patient for routine care, regardless of whether the company sends a nurse or any other worker out that day. That means healthier patients, who generally need less help and live longer, yield more profits.”

Have you been urged to place your elderly parent in hospice care despite the fact that he or she is not terminally ill? Hospice care is intended for patients who are terminally ill and for whom there is no cure. So why are healthy older adults ending up in hospice? A recent article in the Washington Post revealed that this phenomenon might be a larger problem than we’d like to think. Indeed, over the 2000s, the newspaper reported that the “number of ‘hospice survivors’ in the United States has risen dramatically.” What’s going on? According to the article, “hospice companies earn more by recruiting patients who aren’t actually dying,” since “healthier patients are more profitable because they require fewer visits and stay enrolled longer.”

Hospice.jpgIf you have been pressured to move a parent into hospice care, your elderly loved one might not receive the kind of treatment she or he needs. For-profit companies shouldn’t be allowed to take advantage of older adults. Indeed, we might think of these actions as another form of elder abuse. It’s important to speak to an experienced elder law attorney about your options.

Hospice Discharge Statistics

About a month ago, the New York Daily News reported that fourteen nursing home residents at Valley Manor Community Care Home, also called Valley Springs Manor, were abandoned in “filthy and unsafe” conditions. According to the article, some of the residents at this Castro Valley, California facility were bedridden, while others were ill and simply required significant care. Reporters from NBC Bay Area referred to the situation as a “botched closure,” as the California Department of Social Services had closed the nursing facility days before but hadn’t accounted for the safety of these residents. At the time, these social services officials closed nursing home “because of deplorable conditions.”

Sheriff%27s%20Badge.jpgWhen we think about transitioning an elderly loved one into a nursing home or an assisted-living facility, we expect that the facility will provide care and won’t engage in acts of nursing home abuse or neglect. However, nursing home abuse occurs more often than we’d like to think. If you’re concerned about a loved one’s safety or care, a California elder justice advocate can discuss your case with you today.

Details of the Nursing Home Shut Down and Resident Abandonment

Sometimes we forget that nursing home abuse isn’t always physical, and it may not be obvious. Particularly with older adults, abuse can be verbal, and it can wound seniors both emotionally and psychologically. A recent study conducted by researchers at Northeastern University emphasized that older adults typically aren’t openly willing to discuss their experiences with abuse, so the study provided elderly participants with more privacy when responding to questions about mental and physical anguish. According to an article in the New York Times, the study revealed that more than one-third of seniors have suffered physical abuse, usually at the hands of their caregivers.

Yelling.jpgIt’s no secret that elder abuse and neglect is a serious issue in California and throughout the country. Indeed, over the past few months we’ve mentioned that PBS Frontline and other national news outlets, as well as our own local U-T San Diego, have attempted to raise awareness about nursing home abuse and its serious consequences. Are you concerned that an elderly parent or loved one has been abused in a nursing home or assisted-living facility? It is never too early to speak to an experienced California nursing home abuse lawyer.

Studying “Words that Wound” Older Adults

A few days ago, Los Angeles’ local ABC 10 News released an article about the Ensign Group’s agreement to a $48 million settlement related to claims of Medicare billing fraud at six nursing facilities in Southern California. And the Medicare fraud wasn’t the worst of it. According to the article, “the lawsuit also claimed some patients were kept in the nursing homes longer than was necessary.” Indeed, the story quickly became national news, as Market Watch from the Wall Street Journal reported on the pricey settlement brought about by the qui tam (or whistleblower) lawsuit.

Cash%20Stack%20Credit.jpgNursing home abuse has been in the spotlight in California over the last couple of months, and as a result, this news might not come as much of a surprise. But it does emphasize that, even though California elder advocates are creating substantial awareness campaigns, nursing home neglect and abuse continues to occur in our state. Do you have an elderly parent or loved one who currently resides in a nursing home or assisted-living facility? It’s important to make sure that your loved one receives the care she or he needs. If you suspect your older parent has been the victim of nursing home abuse, it’s important to contact an experienced California elder law attorney. The dedicated nursing home abuse lawyers at the Walton Law Firm have been handling these cases for years and can discuss your claim with you today.

Details of the Ensign Group’s Medicare Fraud

Are you worried that an elderly loved one has been a victim of financial abuse? Each day, older adults become targets for financial scammers. Commentators are concerned that privacy laws are likely to protect some of these financial scammers, preventing elderly victims from seeking justice. According to Herb Weisbaum, “The Consumer Man” for NBC News, there’s a major disconnect in the financial world. “When,” he asks, “does the suspicion that an elderly customer is being defrauded overcome laws protecting privacy rights?” In an earlier post, we mentioned that banks might be “quiet enablers” of this kind of elder abuse.

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The problem of elderly financial abuse occurs across the country, and California isn’t immune. Who is responsible for making sure that older adults aren’t taken advantage of financially? For many victims of elder financial abuse, the ramifications are just as vicious as physical nursing home abuse. If you suspect that your elderly parent or loved one has been the victim of a financial crime, it is important to contact an experienced elder justice advocate. With years of experience handling nursing home abuse and neglect cases in Southern California, the dedicated elder law attorneys at the Walton Law Firm can speak to you today about your claim.

Bank Employees in a Position to Help?

Earlier this month, Johnson & Johnson agreed to pay a settlement of more than $2.2 billion connected to “accusations that it improperly promoted the antipsychotic drug Risperdal to older adults,” according to a recent article in the New York Times. This resolution actually represents the third-largest pharmaceutical settlement in our country, and it’s one of the largest agreements in “a string of recent cases involving the marketing of antipsychotic and antiseizure drugs to older dementia patients.” The federal government is working to ensure that pharmaceutical companies are held liable for bad drugs and bad marketing.

Pills%20Credit.jpgThis news is only the latest in many reports concerning elderly dementia patients and the varied problems of antipsychotic drugs. Indeed, the California Department of Public Health and the Department of Health Care Services have been working to reduce the “off-label” use of antipsychotic medications in nursing homes and assisted-living facilities across the state. Experienced California elder justice advocates have been handling cases involving the use of antipsychotic medications, and the dedicated lawyers at the Walton Law Firm can discuss your claim with you today.

What is Risperdal?

Does your elderly parent have dementia? Many California residents live with dementia, and their children and family members worry about what kind of care is best for a dementia patient. A recent article in U-T San Diego explained the different options for dementia care. According to Dr. Diane Darby Beach, the Director of Education and Outreach for the Vista Gardens Memory Care Community, there are basically three different kinds of providers who offer long-term care to patients suffering from Alzheimer’s and other forms of dementia: home care, assisted living, and adult day care.

Dementia%20Woman%20Credit.jpgAre some of these options better than others? Depending on your unique situation, there are many factors to consider when deciding what kind of care is best for someone who suffers from dementia. If you have questions or concerns about the level of care your elderly loved one has received or is currently receiving, it’s a good idea to contact an experienced California nursing home abuse lawyer. At the Walton Law Firm, we have years of experience dealing with elder law issues and can answer your questions today.

Options for Dementia Care

Have you considered elder in-home health care for one of your parents? Many families see the benefits of these in-home services, but they worry about the level of care that these agencies provide. Earlier this month, we told you about the important distinctions between in-home health care and home care—in short, the former provides medical services, while the latter simply acts as a non-medical caregiver and companion. If you hire a home care provider, you shouldn’t have to worry about elder abuse and neglect because of lackluster licensing laws.

House.jpgMany states have been tightening their oversight of home care agencies over the past several years, due to a general sense of inadequacy in the services provided by these companies. And now, California has joined that group. According to an article in the New York Times, “California has become the latest state to tighten oversight of home agencies that provide custodial care—help with bathing, dressing, toileting and other basic tasks—to older adults and people with disabilities.”

Are you concerned that your elderly loved one has been mistreated by a caregiver? Whether you’re dealing with an in-home agency or the services of a nursing home or assisted-living facility, the experienced California nursing home abuse lawyers at the Walton Law Firm today to discuss your case.

Do you have an elderly parent or loved one who worries about leaving home to live in a nursing home or assisted-living facility? According to a 2010 study conducted by AARP, nearly 90 percent of elderly adults hoped they’d be able to “age in place,” meaning that wanted to stay in their own homes and live independently, despite the complications that decreasing health and aging bring. In addition, in-home care may provide family members with more access to their loved ones, allowing them to keep an eye out for elder abuse or neglect.

Home.jpgA recent article in U-T San Diego reported that many seniors are able to remain in their homes, even when they require specialized care. Indeed, according to the U-T San Diego article, in-home health care can actually “serve as a less expensive and more personalized alternative to residential care facilities for seniors.”

What is In-Home Health Care, Exactly?

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