Articles Posted in Nursing Home Abuse and Neglect

Our San Diego nursing home abuse lawyers know that both federal and state law guarantee elderly patients certain rights and protections, including the right to adequate medical treatment and care, as well as the right to be treated with dignity and respect. Those protections include the right to be free from physical or chemical restraints that nursing home staff may wrongfully use to control or discipline patients.

On the other hand, some unscrupulous staff members may deny elderly residents treatment or take medications from their patients. According to the Atlanta Journal Constitution, a forty-year-old registered nurse, Amy M. Armstrong, was recently caught stealing pills from an elderly hospice patient. The nurse was employed by a hospice agency to provide care for the patient in the patient’s home. A family member of the victim suspected that the nurse was stealing the medication and alerted police. Police set up video cameras in the victim’s home so they could catch the nurse in the act.

While police watched, the nurse removed the victim’s narcotic painkillers from the victim’s home. When officers moved in to arrest the nurse, they discovered the narcotic painkillers and anti-depressants on the nurse’s person. The nurse was charged with two counts of felony theft by taking, two counts of California elder abuse, and two counts of possession of controlled substances. She is currently being held on bond.

One of the main challenges faced by victims of San Diego nursing home abuse is the difficulty in identifying and documenting specific instances of poor care. Many area nursing home residents do not understand their right to receive proper care or recognize when they have received substandard treatment. Even when they are aware of negligence by employees, many seniors and their families are unsure what they should do to document the problem.

Documentation is often important in these matters, because judges, juries, and state regulatory bodies often rely on a paper trail to understand the sort of care that a resident received. Unfortunately, there remain lax standards when it comes to keeping track of reports of San Diego nursing home neglect. The problem exists throughout the state as facilities in all corners of California are currently not required to document when a resident or family member files a complaint suggesting substandard treatment.

One local advocate is seeking to change that, and is urging that the state pass legislation which would force nursing homes to keep track of neglect and abuse charges. The North Country Times reported on the legislative push last month. The effort is being spearheaded by Lynda Tammone, an area resident who became frustrated after her husband received substandard treatment while spending a year in a nearby nursing home following sudden health problems.