Articles Posted in Nursing Home Abuse and Neglect

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It’s not an area of care that we typically associate with nursing homes, but is your loved one getting access to sufficient dental care? Dental hygiene in nursing homes and assisted-living facilities is no small matter. Indeed, poor dental care can lead to serious health problems. When nursing centers don’t attend to patients’ dental hygiene, they could be committing nursing home abuse or nursing home neglect.

What should you look for? From dusty toothbrushes to severe headaches, a recent article in the New York Times discussed the ways in which nursing homes often neglect oral care for their residents. If you suspect that your elderly loved one is suffering from nursing home abuse or neglect, it’s important to have an advocate on your side. The experienced nursing home abuse attorneys at the Walton Law Firm can discuss your case with you today.

Dental%20Assistant.jpgLimited Dental Care Training and Attention

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Earlier this summer, we told you about a $23 million jury verdict in a bed sore case from northern California. The victim, Joan Boice, had been a resident at the Emeritus at Emerald Hills in Auburn, California before she suffered from painful bed sores and died as a result of nursing home negligence. After this case made national news, PBS Frontline and Propublica took a closer look into the story and expanded an investigation into nursing home practices across the country. The project began airing late last month on PBS, entitled “Life and Death in Assisted Living.”

Confused%20Old%20Man.jpgDetails of the Documentary Series

The documentary is made up of four parts, and it depicts the abuse and neglect that is often overlooked or covered up at various nursing facilities. The series takes a close look at the death of Boice in the Emeritus assisted living facility in northern California, and from there it moves out to other issues of nursing home abuse and neglect across the country.

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A recent survey on health and aging reported by the Los Angeles Times suggested that nearly ninety percent of older adults in the Los Angeles area are “confident they will keep up the quality of their lives as they age.” Yet, most of these elderly persons aren’t doing what they need to be doing to take care of their health and general well being, according to physicians and other medical experts. In other words, most seniors assume they willl remain healthy enough to take care of themselves or at least to stay in their own homes, but from the number of nursing home residents in need of significant care, we know that’s not always true.

Richard Birkel, the senior vice president for health at the National Council on Aging, indicated that many elderly persons are currently dealing with chronic conditions like diabetes or arthritis, and a majority of them aren’t taking the necessary steps for healthy futures. Moreover, many seniors who currently reside in nursing home or assisted-living facilities suffer from chronic conditions for which they often receive only limited care from staff. If your elderly loved one may not be receiving the attention that she needs, an experienced elder justice advocate can help.

Concerned%20Old%20Lady.jpgOlder Adults Don’t Anticipate Nursing Care

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Earlier this summer, National Public Radio (NPR) aired a news story about the “Green House Project,” urging nursing homes to “move over” since “there’s something different” in town. Over the past ten years, according to NPR, more than 140 alternative nonprofit nursing homes have been built across the U.S. in 24 different states. While most Americans dread the possibility of nursing home living, the Green House Project offers something different. And in recent months, California finally “ushered in a new era of nursing home care with the opening of the state’s first certified Green House homes at Mt. San Antonio Gardens,” according to a press release in the Green House Project Blog.

With California on board for alternative nursing home support, patients across our state could begin to see new options for residential care. If you have questions about nursing home care in California, don’t hesitate to speak to an experienced elder justice advocate today.

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What is the Green House Project?

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Coming in close proximity to the recent U.S. Supreme Court decision to strike down the federal Defense of Marriage Act (DOMA), the California Advocates for Nursing Home Reform (CANHR) featured an article about LGBT rights in the nursing home. According to the Washington Blade, the Department of Health and Human Services (HHS) clarified that LGBT couples will have the same guaranteed access to their partners and spouses as other married couples.

How will this affect nursing home residents in California? It will help secure LGBT rights in our state, which a number of California agencies have already been working toward.

Elderly%20Man.jpgLGBT Elder Advocacy in California

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Earlier this month, the California Department of Public Health fined a Sacramento nursing home for the choking death of a patient. The nursing home received an $80,000 fine after Mary Yip, an 86-year-old patient with swallowing difficulties, “choked on a piece of meat during a lunchtime outing with staff members,” according to the Sacramento Bee.

Choking deaths are very serious violations for which many nursing facilities in our state have been fined. Just a few months ago, we told you about a San Diego care center that received a $100,000 fine from the State of California. Nursing homes in Los Angeles County and Orange County have also been fined for choking deaths. If your elderly loved one has experienced nursing home abuse or neglect, it’s important to speak to an experienced nursing home abuse attorney as soon as possible.

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Details of the Serious Violation

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A recent article in UT San Diego broke the news that Palomar Health will be closing its Escondido nursing home in October 2013. As a result, more than 80 residents will be displaced, and 130 staff members will face layoffs. What led to the decision? According to an official at the health system, Medi-Cal funding cuts and “coming off a difficult fiscal year” are two major factors that are forcing the facility to close its doors in just a few months.

News of this nursing home closure raises concerns about nursing facility overcrowding and affordability in the southern California area. If you have questions about nursing homes in our area or are concerned that your loved one is suffering nursing home neglect or abuse, an experienced injury attorney can discuss your claim with you today.

Nursing%20Home.jpgPalomar Continuing Care Center—Facility Details

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Last month, the California Court of Appeals ordered a new trial in a Superior Court of Los Angeles County case that involved a nursing home fall. The case involved a 79-year-old resident, Samuel Nevarrez, who suffered from falls at San Marino Skilled Nursing and Wellness Centre, a facility in Pasadena. The patient passed away, and his wife became a party to the litigation. At trial, a jury awarded Nevarrez $4 million in damages in addition to attorneys’ fees. However, the Court of Appeals ordered a new trial, effectively denying Nevarrez the $4 million jury award.

The Court of Appeals made its decision based on evidence at trial that it decided was prejudicial to the nursing facility. The decision in this case could impact the compensation amount of jury verdicts for victims of nursing home abuse and neglect. If you or a loved one has been injured as the result of abuse or neglect in a nursing facility, you may be eligible for compensation.

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Photo Credit: newyorklawyer via Compfight cc

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Just last week, a South Dakota court granted a nursing home abuse defendant access to the victim’s medical records, according to a news release from the Nursing Home Abuse Center. Heather Lynn Laird, a 36-year-old former employee of the Dell Rapids Nursing and Rehab Center, was indicted last December for felony abuse and neglect of an elderly person. Now, Laird and her attorney have the right to view the victim’s medical records. Laird and her attorney hope that these medical records will prove relevant in the defense.

In January, Laird pled not guilty to the charges against her. Yet her record as a licensed practical nurse (LPN) suggests that this isn’t the first complaint.

Defendant’s History as an LPN Caregiver

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Last month, a California nursing home abuse case was delayed when the defendant requested extra time to weigh her options for a plea deal. The California Attorney General charged Sylvia Cata with involuntary manslaughter for the death of a dementia resident in her care. Do you have a loved one in a nursing home or a private care facility? This case raises questions about the level of oversight from the California Department of Social Services (CDSS).

History of the Case

Cata operated “Super Home Care” out of her own home since the mid-1990s. According to an article in the Sacramento Bee, Cata’s home was located on “a dead-end street in Sacramento’s Gardenland neighborhood, a residential enclave flanked by tire shops, lube and oil joints, and a check-cashing store on the corner.” This description doesn’t sound like an ideal site for an elder-care facility, and the CDSS suspected as much.

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