Articles Posted in Nursing Home Abuse and Neglect

Walton Law Firm represented the interests of the family of M.E. (confidential), and elderly woman who suffered from dementia and needed the help with her activities of daily living. She was admitted to a small 12-bed San Diego area assisted living facility in April of 2017. Upon admission, M.E. did not have any bedsores.

M.E’s children began to notice that their mother was never out of her bed when they would visit (which was often). Worse, the family would find M.E. alone in her room with all of the lights turned out, even in the middle of the day. The facility’s administrator first lied to the family, telling the children that their mother was helped out of bed every day. Later, she testified in a deposition that M.E. had experienced a “health crisis” during that time frame and needed to stay in bed (even though the family was unaware of any crisis).

As a result of being left in bed, M.E. developed a bedsore on her coccyx. Within a month, the sore was sized as a Stage III, which disqualified M.E. for assisted living care, and required the facility to discharge her or contact the state for permission to retain her with proper care. Instead of taking action, the administrator actively discouraged the family from taking appropriate action with regard to their mother’s health.

obed-hernandez-592136-unsplash-copy-212x300If you are seeking out a nursing home for an elderly loved one in Orange County, it can be difficult to identify a facility that has a strong history of complying with safety regulations and providing quality care for patients. While you might think that a more expensive nursing home is less likely to engage in hiring practices that could lead to injuries caused by nursing home abuse or neglect, the price of a nursing home is not necessarily indicative of its quality. Even expensive nursing homes can have safety citations and histories of nursing home abuse injuries. According to a recent article in McKnight’s Long-Term Care News, the Centers for Medicare and Medicaid Services (CMS) has plans to update its “Nursing Home Compare” information to include an “abuse icon” that will alert potential patients and their families to dangerous histories of abuse and neglect. 

CMS Data Update Will Add an Abuse Icon

Currently, potential nursing home residents and their families can access information about nursing homes from the CMS “Nursing Home Compare” website. The website allows consumers to compare multiple nursing homes, assessing CMS ratings for those facilities and other important information that can illuminate whether the nursing home is a good fit. Yet that data can be difficult to navigate, especially for individuals and families who do not have experience analyzing detailed information about nursing homes. In order to make it easier to assess these facilities and to learn whether the facility has a recent history of abuse, CMS will be adding an “abuse alert icon.”

josh-appel-423804-copy-300x225If you are in the process of looking for a nursing home or assisted-living facility in Los Angeles County for a loved one, it can be difficult to know how to choose the best facility and how to assess the risks of nursing home abuse at a particular place. Given that nursing home abuse and neglect can happen in some of the most seemingly luxurious and upscale facilities, it is important to keep in mind that the cost of care alone is not necessarily a predictor of senior safety in the facility. However, according to a recent article from Reveal News, a study conducted by The Center for Investigative Reporting suggests that one clear indicator of safety issues in a nursing home or assisted living facility may be the way the facility treats its workers.

In short, “operators of senior . . . homes that violate labor laws and steal workers’ wages . . . often also endanger or neglect their residents, sometimes with dire consequences.” We want to say more about the study and to discuss ways of identifying potential safety concerns in nursing homes.

U.S. Department of Labor Cases and Nursing Home Abuse Reports in California

rt_k9r80pya-jean-gerber-300x200In Valley Center and throughout California, laws are in place that are designed to protect older adults from nursing home abuse and neglect. While elder abuse can occur in a variety of settings, caregivers and staff members are nursing facilities can be held accountable under both civil and criminal law in California. When families are considering filing a nursing home abuse claim against an individual or a facility, it is important to understand how criminal laws in California provide language that can help to define the type of abuse that has resulted in a senior’s injuries. 

A recent article in Valley News discusses basic California law related to elder abuse and neglect, and we want to provide more information about the key definitions and components of those laws.

Understanding Legal Definitions Related to Elder Abuse and Neglect in California

parker-byrd-139348-copy-300x200Whether you have an elderly loved one in a nursing home in Poway or in an assisted living facility elsewhere in California, it is extremely important to know how the facility makes hiring decisions and whether the facility has been subject to elder abuse violations in the past. While even the best and most thorough research may not always uncover risks of nursing home abuse and neglect in San Diego County or farther north in California, background research can help you to avoid selecting a facility for your elderly loved one that has a history of elder abuse. Part of choosing the best nursing home is having access to proper information about facilities and their safety ratings.

 
A recent article in the Fresno Bee discusses an elder abuse case that resulted in a senior’s death. This incident highlights the need for better CMS oversight of nursing home resources.

 
Elder Abuse Results in Fatality at California Assisted Living Facility

daniele-levis-pelusi-9BObZ4pzn3Y-unsplash-copy-300x225When a patient in an Escondido nursing home suffers serious illness or injury as a result of a “superbug,” is nursing home negligence to blame? In other words, if a facility fails to take proper precautions to prevent nursing home patients from contracting “superbugs,” or medication-resistant bacteria and fungi, can that facility be held responsible for nursing home neglect? That is a question that elder safety advocates have begun asking in the wake of news about superbugs causing serious and fatal injuries in hospitals and nursing homes across the country. 

How Nursing Homes are Grappling with Superbugs

According to a recent article in Kaiser Health News, hospitals and nursing homes in California have begun using a strategy that might strike readers as bizarre at first: The facilities have started “washing patients with a special soap.” Along with facilities in Illinois, California nursing homes and hospitals are among the first to begin using this strategy, funded by about $8 million in total from the U.S. Centers for Disease Control and Prevention (CDC). In all, about 50 facilities in both California and Illinois are employing this new procedure.

james-williams-502481-unsplash-copy-300x225Seniors with Dementia at Increased Risk of Nursing Home Abuse and Neglect in Valley Center 

Older adults in Valley Center who suffer from Alzheimer’s disease or other forms of dementia are at greater risk of becoming victims of nursing home abuse or neglect. The connection between dementia and elder abuse has been relatively well-studied, and an article published in the journal Health Affairs underscores the link between dementia and nursing home abuse, especially in situations of emotional abuse. That journal article reported that, after a literature review concerning elder abuse and dementia, the researchers concluded that “many older adults experienced multiple forms of abuse simultaneously, and the risk of mortality from abuse and self-neglect may be higher in older adults with greater levels of cognitive impairment.”

Are nursing home abuse and neglect risks just as high when seniors are not properly diagnosed with dementia, or when there is a delayed diagnosis? In other words, do symptoms of dementia have to be advanced in order for an elderly nursing home resident to be at greater risk of abuse, or are almost all patients with dementia—even in its earlier stages—at more risk of injury? A recent article in WebMD suggests that “many older Americans with dementia don’t know they have the disease.” Are these individuals likely to suffer injuries as a result of elder abuse or neglect?

daan-stevens-282446-1-copy-300x191There are many different ways that elder abuse and neglect can happen in Rancho Bernardo, and seniors can suffer from a variety of injuries as a result of nursing home negligence. While we often think about scenarios in which injuries can occur in skilled nursing facilities, should older adults and their families also be thinking more carefully about elder neglect or negligence in hospitals, and what this means for a senior’s long-term health? According to a recent article in The New York Times, many elderly hospital patients end up suffering serious injuries as a result of “post-hospital syndrome.”

What is post-hospital syndrome? In brief, it is tied to hospital readmissions and inadequate care among seniors, according to the article. Who is responsible when elderly patients sustain serious injuries as a result of post-hospital syndrome?

Understanding the Harms of Hospital Readmissions Among Seniors

brandon-holmes-199535-unsplash-copy-300x200When nursing homes are cited for nursing home abuse and neglect in Poway, how are those citations determined? What can the type of citations a facility has received in the past tell potential residents about the quality of care at the facility?

It can be difficult to find a skilled nursing facility in Southern California that has a strong record when it comes to patient safety and patient care. One clear way to know that a facility has had problems in the past is to look into its citation history. However, nursing home citations can be difficult to understand. While a citation of any sort indicates that there is a problem, the different citation levels, including the most serious of the penalties, do not always clearly indicate by title alone that the facility has been cited for a serious incident of nursing home abuse or neglect. The following will explore these citations and describe the different categories.

Class AA Nursing Home Citations are the Most Serious Citation

jorge-lopez-284336-copy-300x200Elderly residents of skilled nursing facilities (SNFs) in San Clemente and throughout California could lose important federal protections against nursing home abuse and neglect, according to a recent article in Lake County News. However, California Attorney General Xavier Becerra is working to prevent this from happening. As the article explains, “Becerra has led a coalition of 16 states and the District of Columbia in submitting a letter to the United States Department of Health and Human Services (HHS) and its Centers for Medicare and Medicaid Services (CMS).” The letter “condemn[s] federal actions that would delay the enforcement of protections for Medicare and Medicaid beneficiaries who receive care in skilled nursing facilities.”

In 2016, regulatory reforms resulted in improved “protections against abuse, neglect, and exploitation.” During the June rule-making period, Becerra and other attorneys general have “grave concerns” that the federal government will “revisit requirements deemed to be burdensome for facilities.” In other words, Becerra and others expect that CMS will change the way it deals with protections for seniors in SNFs, allowing facilities to be less burdened by regulations, thereby jeopardizing the health and safety of the patients at these facilities.

Revisiting the Long-Term Care Reforms of 2016

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