Articles Posted in Nursing Home Abuse and Neglect

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How often does elder abuse and neglect occur in San Diego County nursing homes and assisted-living facilities? According to new data reported by the National Council on Aging (NCOA), as many as one out of every five older adults in recent years — or 20% of the older adult population — may have been subject to some form of abuse or neglect. And that information still coincides with estimates that only about one out of every 24 cases of elder abuse are actually reported. As such, it is possible that far more than 20% of the elderly population experiences some form of abuse at least once. How often do subsequent acts of abuse or neglect occur? That information is not especially well documented, but according to a recent article in McKnight’s Long-Term Care News, a new program could help to prevent repeat acts of abuse and neglect in various long-term care settings.

New Hospital-Based Program Helps Seniors Who Have Experienced Elder Abuse

Older adults who have suffered harm as a result of nursing home abuse and neglect may experience abuse again — especially those who are particularly vulnerable, such as older adults with dementia or cognitive impairments. The article in McKnight’s discusses a new program specifically designed to identify seniors who have experienced mistreatment and to intervene effectively.

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As recent wildfires began to spread quickly in various parts of Los Angeles County and throughout Southern California, many residents of nursing homes and assisted-living facilities in affected areas were evacuated. According to data from the California Department of Public Health, nearly 1,000 residents of nursing homes and residential care facilities for the elderly (RCFEs) were evacuated as a result of fire risks. At the same time, not all facilities took steps to evacuate residents or to account for resident safety. 

Indeed, a recent report from NBC Los Angeles described a 96-year-old nursing home resident in her room who could see the Eaton Fire burning nearby, outside her window. The facility where that resident lived had been evacuated, but she was left in her room. Other similar news stories told of residents in Southern California left behind in nursing home evacuations, or unable to leave nursing homes where evacuations did not occur properly. What duties do nursing homes and assisted-living facilities owe residents in the event of wildfires or other environmental hazards? Consider the following information from our Los Angeles County nursing home negligence lawyers.

Nursing Homes Must Have Preparations for Safe Evacuations

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Realizing that an elderly parent needs to move into a nursing home to receive the level of care they need can be difficult — both emotionally for their adult children and other family members and in terms of finding a safe and high-quality facility. When you are looking at potential nursing homes in Orange County or elsewhere in Southern California, it is important to consider a wide range of factors. You should think about indicators of good care and safety at a facility just as carefully as potential red flags that arise during a visit. It is always important to visit ahead of time and to be sure that you have a chance to see a facility before staff members can fully plan ahead for a visit. In other words, it is important to be able to see any potential facility as it operates normally on an everyday basis. 

Once you visit a facility, you should then pay attention to signs of quality care, as well as signs that safety could be an issue.

Indicators of Quality Care in a Nursing Home

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Elderly nursing home residents are at increased risk of certain injuries due to age-related factors, as well as medical conditions that are common among older adults. In addition to dealing with reduced bone health and fall-related fracture risks, as well as risks for injuries like bed sores among older adults with mobility issues, choking deaths have become a significant problem in nursing homes and assisted living facilities in Southern California. No choking death should ever occur, and these deaths are preventable when nursing homes maintain safety procedures and ensure that every resident receives the level of care they need based on their individual condition. However, nursing homes and assisted living facilities are often negligent, and residents suffer serious and deadly injuries that include choking deaths. 

According to a recent report in the Los Angeles Times, a particular Mission Hills nursing home was cited for two separate resident choking deaths in a span of fewer than three months. What should you know about the risks at this particular facility, and how does the facility’s negligence speak to the larger issue of choking deaths in nursing homes and assisted living facilities? Our Los Angeles County nursing home negligence lawyers can tell you more.

Choking Risks in Nursing Homes and Assisted Living Facilities

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Whether you have already made one or more visits to a loved one in San Diego County during the holiday season or you have plans for an upcoming visit, it is a particularly good time of the year to be on the lookout for any signs of elder abuse or neglect if your elderly loved one is living in a nursing home, a skilled nursing facility, an assisted-living facility, or any other type of residential care facility for the elderly (RCFE) in Southern California. The holiday season often involves multiple visits from family and adult children gathering to see their parents, which means adult children and other family members can work together to identify potential abuse or neglect risks.

Making a Plan to Focus on Your Elderly Loved One’s Safety 

During the holiday season — or during any time of the year when family members gather to see a loved one in a nursing home or assisted-living facility — it is helpful to make a plan to focus on health and safety. Sporadic visits at other times of the year may be relatively quick, and those visits may involve only one person stopping by an elderly parent’s nursing home room or assisted-living facility residence. When multiple family members are together, especially adult children, they can work together to consider injury risks at the nursing home or other facility and to pay particular attention to warning signs of abuse or neglect.

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Serious and fatal injuries can happen at nursing homes and assisted living facilities in Los Angeles County for many different reasons. Some of those reasons involve intentionally bad acts, including physical, emotional, and sexual abuse toward elderly residents or willful deprivation of elderly residents. Under other circumstances, older adults can sustain serious harm as a result of negligence. A staff member or the facility itself may not intend any harm, but because of issues like understaffing or employee burnout, the elderly residents might not receive the oversight and care they need to stay safe and healthy. The latter is often how choking injuries and deaths occur in nursing homes and other residential care facilities for the elderly in Southern California.

When a choking injury or death occurs, who is liable? Our Los Angeles nursing home negligence lawyers can explain in more detail.

Nursing Home Duty to Understand Choking Risks and to Take Precautions

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Anyone who has an elderly parent or relative who resides in a nursing home or assisted-living facility in San Bernardino County should know about the risks of nursing home abuse, neglect, and negligence. Generally speaking, older adults in nursing homes and assisted-living facilities can be at risk of injuries from various types of harm, both intentional and unintentional. Trying to understand the distinctions between abuse, neglect, and negligence in relation to seniors can be confusing, and our Southern California nursing home abuse and neglect lawyers can help to clarify the terms for you. If you have further questions or if you need assistance with a claim, do not hesitate to get in touch with us.

Intentional Elder Abuse

The term elder abuse often refers to acts of intentional abuse. The National Council on Aging (NCOA) underscores that there are many forms of intentional abuse that can result in severe harm to older adults in nursing homes and assisted-living facilities, including physical abuse, emotional or psychological abuse, sexual abuse, and willful deprivation. 

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When an elderly loved one requires care outside their home, it is important to find a facility that can meet your loved one’s needs and ensure that they will receive proper care so that they do not sustain preventable injuries. Yet, risks of falls in nursing homes and assisted living facilities, as well as issues with understaffing, can result in different types of accidents that can cause traumatic brain injuries (TBIs) in residents. While TBIs are most commonly associated with contact sports (like football and soccer) in the news or with motor vehicle crashes and certain high-risk recreational activities, they also occur more often than you might think in nursing homes and assisted living facilities. 

According to a new report in McKnights Long-Term Care News, sustaining multiple TBIs can have particularly harmful effects on older adults. In short, multiple TBIs can increase the risk for “worse cognitive decline” and, ultimately, a reduced life expectancy and reduced quality of life. Our San Diego County nursing home neglect lawyers can explain in more detail.

Traumatic Brain Injuries and Dementia in Older Adults

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Residents in Los Angeles County nursing homes and assisted-living facilities should never have to worry about getting hurt because of acts of violence perpetrated by staff members or fellow residents. However, as a recent study discussed in The New York Times reveals, violence is much more common than many people suspect, and it is certainly not an uncommon occurrence. When violence occurs in a Los Angeles County nursing home or assisted living facility and a resident is injured, it is important to seek legal advice. The facility itself may be liable since it has a duty of care to residents. Our experienced Los Angeles County nursing home abuse and neglect lawyers can tell you more and can assist you if you have concerns about an elderly loved one.

Violence and Injuries Caused by Other Residents

Often, when we think about nursing home abuse or neglect and injuries resulting from it, we think about injuries caused by the intentional or negligent behavior of a staff member or employee at a nursing home. Yet, as the article in The New York Times underscores, violence caused by other residents is actually extremely common. The article explains that, in nursing homes, assisted-living facilities, and other types of “long-term care facilities, residents sometimes yell at or threaten one another, lob insults, invade fellow residents’ personal or living space, rummage through others’ possessions and take them,” and “they can swat or kick or push.”

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Does the language spoken by a caregiver at a nursing home or assisted-living facility in Riverside County have an effect on the quality of care a resident receives? Do nursing homes and assisted-living facilities need to have caregivers on staff who speak the same language as the residents and who are familiar with the linguistic and cultural contexts from which residents have come to the nursing home or assisted-living facility? A recent report from McKnights Senior Living discusses initiatives to overcome language barriers for certified nursing assistants (CNAs) in California and in several other states across the country. Our Riverside County nursing home negligence lawyers can tell you more.

Language Barriers for Caregivers and Residents in Southern California Nursing Homes and Assisted Living Facilities

According to the article, there are currently significant language barriers impacting the ability of potential nursing home and assisted living facility employees to become CNAs due to language barriers. Indeed, “foreign-born workers account for 27% of the nation’s direct care workforce, but many states maintain strict, English-only testing and training requirements that can prevent some immigrants from entering the workforce.” Given that there is a significant need for more long-term care workers, efforts are underway in California and other states to make it possible for workers to pass CNA certification exams in foreign languages. In California, AB 2131 aims to allow workers to take the written and oral competency portions of the CNA exam in Spanish. 

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