Articles Posted in Nursing Home Abuse and Neglect

February 25, 2015

Elder Abuse and Assisted-Suicide Legislation

Many Californians are in favor of legislation that would permit assisted suicide in certain situations, yet some elder advocates worry that such legislation won’t have sufficient safeguards to protect against elder abuse. According to a recent article in the Modesto Bee, the Death with Dignity bill, or assisted-suicide legislation, can have “many unintended consequences” that can negatively impact elderly Californians.

Pressure to Agree to Assisted Suicide

The article in the Modesto Bee provides the viewpoint of a former hospital social worker, whose “primary concern is for individuals who might feel pressured into ending their lives.” While assisted suicide may allow individuals with terminal illnesses to end their lives on their own terms, there’s a real concern that such legislation can be dangerous when it comes to “those who might not have a strong support system; access to health care, palliative care, and hospice; or the benefit of a loving, caring family.”

February 18, 2015

New Jobs in Department of Public Health Aim at Preventing Elder Neglect

by Walton Law Firm

Amidst news reports of elder abuse and neglect in assisted-living facilities, nursing homes, and residential care facilities for the elderly (RCFEs) across the state, the California Department of Public Health (CDPH) has been criticized for its failure to investigate. What did it fail to investigate, exactly? Elderly patients and their families argue that they reported nursing home abuse incidents to the CDPH, yet they contend that the department didn’t investigate those complaints in a timely manner and failed to properly fine the responsible facilities.

More Funding for Elder Abuse Investigations

According to a recent press release from the California Advocates for Nursing Home Reform (CANHR), Governor Jerry Brown has proposed a budget for the coming fiscal year that would “add more than $30 million and about 260 positions for the Licensing & Certification Division of the California Department of Public Health.” Yet, the most surprising part of the new budget isn’t merely about licensing and certification. Rather, as the CANHR suggests, it’s about taking complaints about nursing home abuse investigations more seriously.

February 11, 2015

California Facilities Fined for Resident Deaths

by Walton Law Firm

Many of us know that the state of California has been under intense scrutiny for the way it has handled nursing home abuse and neglect violations. In addition to concerns about the frequency with which the California Department of Public Health has investigated a number of complaints, victim advocates also contend that facilities across the state aren’t fined enough to prevent future elder abuse violations.

According to a recent news release from the California Advocates for Nursing Home Reform (CANHR), the Department of Public Health has cited a couple of facilities in southern California for serious violations. And, according to the report, each of the facilities received a $75,000 fine—an amount that suggests that the state is heading in the right direction.

Resident Death at Paramount Meadows

December 19, 2014

Rising Number of Falls and Dangerous Injuries Among the Elderly

by Walton Law Firm

For elderly adults who live on their own or in nursing homes and assisted-living facilities, falls can result in serious and life-threatening injuries. While falls are not the result of elder abuse, they can occur when there is a clear issue of nursing home neglect. A recent article in the New York Times emphasized that the number of reported falls among older adults—many of those accidents leading to serious and sometimes fatal injuries—is a number that is “soaring.”

Nursing Home Regulations Aimed at Preventing Falls

How can nursing homes take steps to prevent dangerous falls? The New York Times article discusses the policies put in place recently by a retirement community which require that, during mealtimes, residents who use walkers to get around must have their walkers “valet parked” after they find a seat at the table. In addition, they are not permitted to use their walkers during the meal—they must stay in their seats while staff members serve them. While many residents of the facility argued that the policy “infringed on [one’s] freedom of movement,” it prevented a number of serious falls at the buffet.

December 12, 2014

Elders Abusing Elders in Nursing Homes

by Walton Law Firm

When we think about nursing home abuse and neglect, most of us imagine a scenario in which a healthcare professional or nursing home employee mistreats an elderly resident. However, a recent study conducted by Cornell University Weill Medical College found that many facilities actually see “a high level of resident-to-resident elder mistreatment.”

Nursing home abuse can take many different forms, and it can result in serious and life-threatening injuries to your elderly loved one. If you believe that your parent has been the victim of nursing home abuse or neglect, do not hesitate to contact an experienced San Diego elder abuse lawyer.

Aggressive Encounters with Fellow Residents

November 26, 2014

Lack of Oversight from the California Department of Public Health?

by Walton Law Firm

Earlier this month, the Sacramento Bee ran a story that exposed the lack of oversight from the California Department of Public Health (CDPH) when it comes to nursing home abuse allegations. What is going on? According to the article, the CDPH is “weighed down by a backlog of more than 11,000 open complaints” with “no clear path to dig its way out.”

Evidence of this serious problem became clear after an audit report was released toward the end of October 2014. In short, the CDPH appears to have failed elderly adults in nursing homes and assisted-living facilities by failing to manage its investigations of elder abuse complaints received.

Numerous Problems “Up and Down the State”

November 21, 2014

Translation Issues in Elder Abuse Cases

by Walton Law Firm

Did you know that Southern California is home to the largest Latino and Asian populations in the country? According to a recent article in the Los Angeles Times, elderly persons within these populations may not be getting a fair deal in elder abuse cases. When claims go to court, it is important for a judge or a jury to understand a plaintiff’s injuries and to grasp the extent of the nursing home abuse or neglect that took place. However, when your first language is not English, it is sometimes extremely difficult to make your way through the justice system.

Language Barriers to Legal Forms, Filings, and Testimonies

In California alone, the Los Angeles Times estimates that there are about seven million “limited-English proficient speakers,” and for those people, the civil court system is “practically impenetrable.” What is the problem?

November 14, 2014

New Elder Care Protections on the Way in San Diego County

by Walton Law Firm

First Nursing Home Facility Rating System in California

As the population of California continues to age, and more baby boomers find themselves thinking about San Diego assisted-living facilities and nursing homes, it is becoming more important than ever to ensure that seniors in the San Diego area are protected from nursing home abuse and neglect. According to a recent story San Diego CBS 8, San Diego County leaders currently are in the process of developing an elder care facility rating system that is aimed at preventing elder abuse.

file0001867553256 According to the news story, the new rating system will be the first of its kind in California. The ratings will be based on several different factors, and the Board of Supervisors hopes that the system will allow families to make informed decisions about the care of their elderly loved ones. The system is still in its early stages, but the Board of Supervisors unanimously approved its creation, emphasizing the need to protect older adults from physical, emotional, and sexual abuse in Southern California facilities.

October 22, 2014

Grant Funding to Combat Elder Abuse

by Walton Law Firm

Elder abuse is much too common across the country, and nursing homes and assisted-living facilities in California have proven particularly prominent offenders of nursing home abuse and neglect. What do we need to prevent elder abuse in our state? Many elder rights supporters believe that policy changes might help, and a recent grant aims to help with this kind of advocacy work.

Southern California Center Receives Advocacy Grant

According to a recent news release from the University of Southern California, the Keck School of Medicine became the sole grant recipient to fund the National Center on Elder Abuse (NCEA). The NCEA is, according to the article, “a vital clearinghouse created by the Administration on Aging,” which is part of the U.S. Department of Health and Human Services.

October 15, 2014

Class Action Against California Nursing Home Owner

by Walton Law Firm

Changes are on the way for nursing homes and California assisted living facilities. In the midst of shifts to the law, victims of nursing home abuse are filing a class action lawsuit against the owner of 57 skilled nursing facilities in the state, according to an article from Courthouse News Service. The owner, Schlomo Rechnitz, owns more facilities in the state than any other, with nursing homes in nine different California cities, according to a recent report in the Long Beach Press-Telegram. Rechnitz’s facilities are accused of “chronic understaffing” with allegations of “Actual or suspected abuse or neglect.”

Details of the Class Action Lawsuit

The lawsuit was filed after several years of investigation into the practices at many of Rechnitz’s facilities. Rechnitz owns Brius Management and Brius LLC, and he owns nursing homes in Inglewood, Los Angeles, Norwalk, Pasadena, San Gabriel, and several other California cities.

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