Articles Posted in Nursing Home Abuse and Neglect

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dayne-topkin-101956-copy-300x200What is elder or dependent adult abuse according to California law? For residents of Vista and other parts of Southern California, it is important to learn more about the protections available to seniors who may be subject to nursing home abuse. A recent article in CalCoast News reports that the California Department of Justice arrested the owner and a former employee of an assisted living facility in the state for elderly dependent adult abuse. This case involves a critical case of nursing home neglect that resulted in the death of a resident. It serves as a reminder that laws are in place not only to punish perpetrators of elder abuse and neglect, but that there are also legal protections in place to prevent further abuse.

Details of the Recent Elder Neglect Case

As the article explains, the incident that led to the elder and dependent adult abuse charges occurred several years ago. In December of 2014, a senior, Mauricio Edgar Cardenas, at The Manse on Marsh, an elderly facility in San Luis Obispo, attempted to cross a street by himself. He was struck and killed by an oncoming vehicle, the driver of which was cleared of wrongdoing. When the accident happened, it was dark outside, and authorities determined that the motor vehicle driver could not have seen the victim in time to stop or to avoid hitting him.

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rt_k9r80pya-jean-gerber-300x200A lack of federal funding for elderly healthcare could cause a nursing home abuse epidemic in San Clemente and across the country, a recent article in The New York Times suggests. While a vote on the Senate health care bill has been delayed, even an amended version of the bill that includes drastic cuts to Medicaid could have serious and even deadly consequences for seniors living in nursing homes and assisted-living facilities. As the article contends, if such a bill passes, introducing “Trumpcare” to California and to the rest of the country, it “is certain to produce drastic upheaval in the landscape of long-term care.” Medicaid is currently “by far the largest source of funding for nursing home stays,” providing the funding for almost two-thirds of all nursing home residents.

If funding ceases, the quality of care is likely to decline, as well. Such a cut to Medicaid would result, at best, in a rise in nursing home neglect cases, the article argues. Could changes to Medicaid funding really produce such damage to elderly nursing home residents’ care?

History of California Nursing Home Abuse and Neglect

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brian-erickson-204442-copy-300x169Residents of Poway should be aware of recent elder abuse allegations against a California VA hospital. According to a recent report from NBC News Los Angeles, a navy veteran’s family has filed an elder abuse and neglect claim against a Palo Alto veterans’ hospital following the veteran’s death. The report cites the family’s lawsuit, which alleges that the victim, Douglas Wayne Ross, died after sustaining a traumatic brain injury as a result of a fall. The family contends that “he was in need of continuous care and was left alone for too long.”

Details of the Lawsuit in California

How did the patient’s death occur? According to the report, 72-year-old Ross was admitted to the VA hospital in Palo Alto in spring 2016 for surgery. The surgery was supposed to “restore blood flow to his lower body.” After the first surgery, the patient suffered a heart attack. He remained at the hospital to recover, during which time he required continuous care. More specifically, the lawsuit alleges that he required “dialysis and blood thinners and was designated a high risk for falling down.”

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ian-schneider-95541-300x200For anyone in Carlsbad who has an elderly loved one residing in a nearby nursing home, it can be difficult to learn about risks related to certain types of medications. In some situations, however, the use of certain drugs in nursing homes may significantly increase a senior’s risk for pneumonia. In particular, patients with Alzheimer’s disease may be particularly susceptible. While we often hear about the dangers of over-medication and the off-label use of antipsychotic drugs, discussed relatively recently in a story by NPR, it is not as common for us to hear about prescription sedatives and pneumonia risks among patients with dementia. According to a recent article in Medical News Today, new research suggests that patients with dementia may be at greater risk for developing pneumonia, especially when they are prescribed sedatives such as benzodiazepines.

If a dementia patient on certain prescription medications develops pneumonia, could it be a result of nursing home neglect?

Nursing Home Prescriptions and Elder Neglect

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didier-weemaels-36055-copy-300x251If you file a nursing home abuse lawsuit in Rancho Bernardo, can you be eligible to receive punitive damages? Punitive damages represent a particular type of remedy that is not awarded in many cases, including in lawsuits concerning nursing home abuse allegations. However, according to a recent opinion from the California Court of Appeals, Jarman v. HCR ManorCare (2017), there are indeed cases of elder abuse in which punitive damages are appropriate.

This case is important for nursing home residents in Rancho Bernardo and throughout the state of California as it makes clear that the court system will hold nursing facilities accountable for egregious acts of elder abuse. What else do you need to know about punitive damages in order to understand the weight of this decision?

What are Punitive Damages and Why are They Important?

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kaiwen-wang-188920-300x200In San Diego, an advocacy group aimed at improving residential care facilities for the elderly (RCFEs) has been awarded a $30,000 grant to undertake a community project in Southern California, according to a recent article in the California Newswire. The grant comes from the Del Mar Healthcare Fund, which receives funding from the Age Friendly Communities Program at the San Diego Foundation. San Diego is in the process of becoming “an Age Friendly/Livable Community for All Ages, a designation of the World Health Organization and AARP,” and the grant will help to get it there. This is not the first grant that the advocacy group, Consumer Advocates for RCFE Reform (CARR), has won. As a California Newswire article clarifies, the group previously was awarded a contract to develop an assisted-living facility rating system for seniors in San Diego County.

How will the recent grant specifically help improve the lives of seniors in Southern California? Will it have the capacity to develop initiatives aimed at preventing nursing home abuse and neglect?

Research in Affordability of and Capacity for Assisted Living in San Diego County

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olia-gozha-179577-300x199If you have an elderly loved one who lives in a nursing home in Oceanside or elsewhere in Southern California, do you need to be concerned about the risks of nursing home sexual abuse? According to a recent report from CNN News, “vulnerable seniors are being raped and sexually abused by the very people paid to care for them.” Allegations of rape and sexual abuse are arising in nursing homes and assisted-living facilities across the country. Despite the fact that it is difficult to know precisely how many cases occur each year, the CNN News report suggests that “this little-discussed issue is more widespread than anyone would imagine.”

What are some of the significant findings in the report? What should you know about the signs and symptoms of sexual abuse in nursing homes?

Nursing Homes May be Negligent in Reporting Sexual Abuse and Assault

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ian-schneider-95541-300x200How much decision-making power does a Chula Vista nursing home resident get when it comes to his or her quality of care? According to a recent article from Kaiser Health News, seniors in Southern California and across the country may be able to have more autonomy through shifts in federal regulations. As the article explains, around 1.4 million seniors living in nursing homes “now can be more involved in their care under the most wide-ranging revision of federal rules for such facilities in 25 years.”

What does it mean for older adults in nursing homes to have more autonomy over their schedules and care? Could such shifts in care perhaps reduce the rate of nursing home abuse in Southern California and throughout the country?

Shift in Federal Rules Focuses on “Person-Centered Care”

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file451297827287-1-300x225 Whether you have an elderly loved one who lives in San Diego County or elsewhere in California, it is important to understand how elder abuse laws in our state can help to provide compensation for seniors who suffer injuries as a result of abuse and neglect in the assisted living setting. According to a recent report from the North Coast Journal, a California jury awarded $5 million to the family of an elderly woman who died while under the care of Timber Ridge McKinleyville. The jury, according to the article, “found the facility liable for wrongful death and elder abuse.” Of the $5 million jury verdict, $2.5 million in punitive damages was awarded.

Congratulations to attorneys Tim Needham and Michael Thamer for such outstanding work on behalf of this family.

This jury verdict emphasizes the importance of speaking with an experienced San Diego County nursing home abuse lawyer in the event that an elderly loved one sustains serious or fatal injuries resulting from elder abuse or neglect. If you have questions, do not hesitate to contact the Walton Law Firm.

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DSC_0761-300x199Chronic nursing home abuse that results in frequent trips to hospitals and intensive care units is a problem in San Diego County and throughout Southern California. According to a recent article in the Compton Herald, a chronic nursing home neglect case in Inglewood highlights the risk of serious injuries in particular facilities and the threat of continuing healthcare violations. In the recent case, the facility, Centinela Skilled Nursing & Wellness Centre, is one of numerous facilities owned by the Los Angeles billionaire Schlomo Y. Rechnitz, which are operated under the chain name of Brius Healthcare Services and have already came under scrutiny in 2016. Does the recent case suggest that Southern California residents need to be wary of this healthcare chain? What can family members do to help prevent nursing home abuse and neglect?

Details of the Recent Nursing Home Abuse and Neglect Case

As the article reports, a Southern California woman was admitted into the Centinela Skilled Nursing & Wellness Centre in Inglewood, where she was supposed to obtain rehabilitative services after being discharged from the Centinela Hospital Medical Center. While in the hospital, the patient had received care for about six weeks for “a severe body infection.” When she enters Centinela Skilled Nursing, her family members indicated that she was “progressing steadily,” recuperating from the infection that required her hospitalization. However, when the family visited her at the nursing facility a short time later, they found her “sitting in a wheelchair in a seemingly catatonic state, trembling uncontrollably, mumbling jibberish with her eyes rolling back in her head.”

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