Articles Posted in Nursing Home Abuse and Neglect

by

The County of San Diego paid $1.6 million to settle a case filed by Ruth Lomeo against Edgemoor Geriatric Hospital, a county-run nursing home.

According to the lawsuit, Lomeo, who was only 44, was given an overdose of fentanyl pain medication by nursing staff at Edgemoor and began to have trouble breathing. It took over 20 minutes for 911 to be called and for emergency help to arrive. It was alleged that the lack of oxygen caused brain damage, and that Lomeo now communicates like a five year old, and cannot care for herself.

The County of San Diego denies all the allegations, and states its decision to settle the case was a business decision to avoid a jury verdict.

Continue reading

by

The Des Moines Register reviewed 81 bonus payment programs in over 30 states and found that numerous nursing homes with a below-average care giving rating were receiving quality-of-care bonuses. The newspaper looked at eight federal bonus programs in states where regulatory violations by a nursing home do not automatically disqualify a nursing facility from receiving a bonus. The eight programs analyzed are costing taxpayers $313 million per year.

By way of example, the Grace Living Center in Oklahoma earned approximately $96,000 in bonuses during the last year despite federal records that show the home has been cite for more violations than the state or national averages. Toby Edelman of the nonprofit Center for Medicaid Advocacy called the bonuses “preposterous,” and pointed out the incongruity of the government taking money from bad facilities by issuing fines, then returning the money in the form of a bonus. “It just doesn’t make any sense,” Edelman said, “it’s totally confusing to consumers.”

Legislation approved earlier this year says the bonuses will continue at least through June 2009.

by

The California Long-Term Care Ombudsman Program is the state program responsible to investigate and resolve complaints made by individuals (or their representatives) residing in long-term care facilities such as nursing homes. Last week, when the California budget was signed by Governor Schwarzenegger, he cut state funding for the ombudsman program.

The decision has not gone over well with elder care advocates. The governor’s cuts removes roughly 15% of the budget for the program, which translates into a loss of 1.25 of every 3.7 positions.

To contact your local ombudsman’s office call the appropriate telephone number in the geographical area the incident leading to the complaint occurred.

Continue reading

by

The New York Times is reporting this morning that 90% of all nursing homes were cited for violations of federal health and safety standards. Approximately 17% of U.S. nursing homes had deficiencies that caused actual harm. As mentioned in this blog previously, nursing facilities that operate “for-profit” were more likely to have problems than non-profit homes.

Federal inspectors received 37,150 complaints in 2007 about nursing home conditions, the bulk of which involved bed sores, abuse and neglect of residents, medication errors, and nutritional issues. Failure to sufficiently staff was noted as a particular concern in the report, including the allegation that nursing homes “have systematically failed to provide staff in sufficient numbers and with appropriate clinical expertise to serve their residents.” Not surprisingly, researchers learned that elderly patients receive better care at homes with a higher ratio of nursing staff members to patients.

The U.S. has approximately 15,000 nursing homes, housing nearly 2 million people. Under the laws of most states, including California, these homes are inspected once a year.

Continue reading

by
This list contains the issuance of citations to Southern California nursing facilities by the California Department of Public Health over the last six months. All the citations listed are issued for reasons related to patient care. For verification of the citation, please contact the local department office or Walton Law Firm LLP.

<font size='2'Facility Date Citation
Los Angeles County Elder Abuse
Brighton Convalescent Center 05/23/08 Class B
Heritage Manor 03/7/08 Class B
Imperial Convalescent Hosp 03/26/08 Class B
Ramona Care Center 05/23/08 Class B
Studio City Rehabilitation Center 02/21/08 Class A
Villa Oaks Convalescent 06/23/08 Class B
Windsor Convalescent Long Beach. 05/22/08 Class B
Windsor Palms Artesia 05/23/08 Class A
Orange County
Evergreen Fullerton Healthcare 04/15/08 Class B
French Park Care Center 05/20/08 Class B
Kindred Healthcare of Orange 04/29/08 Class B
New Orange Hills 04/16/08 Class B
Parkview Healthcare 04/15/08 Class AA
Riverside County
Cypress Gardens 06/10/08 Class AA
San Diego County
Edgemoor Geriatric Hosp. 06/26/08 Class A
Cypress Gardens Rehabilitation 03/20/08 Class A
Lemon Grove Care & Rehab. 07/16/08 Class B
Villa Las Palmas 07/01/08 Class B
Vista Healthcare 04/11/08 Class B
Santa Barbara Nursing Home Neglect
La Cumbre Senior Living 07/24/08 Class B & A
Country Oaks Care Center 5/20/08 Class B

Class AA: The most serious violation, AA citations are issued when a resident death has occurred in such a way that it has been directly and officially attributed to the responsibility of the facility, and carry fines of $25,000 to $100,000.

Class A: Class A citations are issued when violations present imminent danger to patients or the substantial probability of death or serious harm, and carry fines from $2,000 to $20,000.

Class B: Class B citations carry fines from $100 to $1000 and are issued for violations which have a direct or immediate relationship to health, safety, or security, but do not qualify as A or AA citations.

by

Elder Law and Advocacy in San Diego has been providing free legal services for seniors for 30 years, and was profiled in today’s San Diego Union Tribune. Whether it’s drawing up a will or a power of attorney, helping with a problem landlord, or answering questions about Medicare, Elder Law and Advocacy has assists several thousand San Diego County every year.

Walton Law Firm LLP has worked with Elder Law and Advocacy on cases involving nursing home abuse and neglect and can vouch for the organization’s dedication to the plight of senior citizens.

Carolyn Reilly is the executive director of Elder Law and Advocacy, and says that the demand for free legal services for the elderly is rising – keeping her eight lawyers busy – while the funding for those services remains slim. Elder Law operates on a tight budget, with the vast majority of its income coming from grants and individual contributions. This is a worthy organization that deserves the public’s support. It is well-known that a large part of our population is getting older, and organizations like Reilly’s will only become in greater demand.

Continue reading

by

Nursing home residents have clearly defined rights when it comes to being transferred or discharged from a nursing facility, and may be evicted or moved under certain circumstances. Under California law, a nursing home may discharge or transfer a resident only if:

  1. the resident’s health has improved and is no longer need of skilled nursing services;
  2. the resident’s needs can no longer be met in the nursing home;
Continue reading

by

A Laguna Hills nursing home faces its second lawsuit for elder abuse in three years for the neglect of one of its residents. In both cases the resident died.

Theresa Sperry died in July 2007 after a short stay a Villa Valencia in Orange County skilled nursing facility. The lawsuit alleges that with two weeks of admission, Sperry developed pressure ulcers on both of her heels that were left untreated, and worsened to the point of spreading to her muscles and exposing bone. The complaint also alleges that Villa Valencia was not adequately staffed to care for its residents.

Pressure ulcers (also called decubitus ulcers or bed sores) are a big problem in nursing homes. The Orange County nursing home neglect lawyers at Walton Law Firm LLP have represented numerous nursing home residents who have developed very serious ulcers while under nursing home care. Most sores are a result of a combination of factors: poor nutrition, immobility, and neglectful treatment.

Continue reading

by

A University of Chicago study reveals that approximately 13 percent of elderly Americans experience some sort of mistreatment. The most common form of abuse was verbal, experienced by 9 percent of elderly Americans, then financial mistreatment, experienced by 3.5 percent, and then physical abuse, reported by .2 percent of the elderly.

“The population of the country is aging, and people now live with chronic diseases longer. So it’s important to understand, from a health perspective, how people are being treated as they age,” said lead author Edward Laumann, the George Herbert Mead Distinguished Service Professor in Sociology at the University of Chicago.

The study revealed variations in the abuse, depending on age and ethnicity, and females were twice as likely to report verbal mistreatment.

Continue reading

by

Despite having the same odds at recovery, elderly trauma patients are being steered away from top trauma hospitals while younger patients are getting the better care. A new study finds emergency medical personnel are systematically discriminating against seniors. The study examined 10 years of data from ambulance trips in the state of Maryland and found that nearly half of all patients over 65 were not sent to designated trauma centers for care compared to only 18% of younger trauma victims.

 

Walton Law Firm LLP represents people who have been vicimized by elder abuse, elder neglect, mistreatment, and nursing malpractice. Cases are accepted in the counties of San Diego, Los Angeles, Orange, Riverside, San Bernardino, Ventura, and Imperial.

Justia Lawyer Rating
Super Lawyers
BBB Rating A+
Avvo Rating 10.0
Elder Justice Advocates
Consumer Attorneys California
AV Preeminent badge
Contact Information
North County Office
950 Boardwalk
#304
San Marcos, CA 92078
Toll Free: 866.607.1325 Local: 760.571.5500 Fax: 760.571.5501
San Diego Office
2169 1st Ave
San Diego, CA 92101
Toll Free: 866.607.1325

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2025, Walton Law Firm
JUSTIA Law Firm Blog Design