Articles Posted in Nursing Negligence

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Over the past several months, Southern California has been in the elder law spotlight.  With news of rampant nursing home abuse throughout the state and a PBS frontline special, California legislators have been looking to more closely regulate residential care facilities for the elderly (RCFEs) in our state.  During the second week of March, the San Diego Board of Supervisors made a decision to “tighten oversight of residential care facilities for the elderly,” and they also elected to fund a “one-year pilot program to investigate and prosecute crimes committed at care homes, according to an article in KPBS San Diego.

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Nursing home abuse and neglect is a serious problem in San Diego and, indeed, across the state and country.  If you suspect that your elderly loved one has been injured because of nursing home abuse or nursing home neglect, you shouldn’t hesitate to speak with an experienced California nursing home abuse lawyer.  At the Walton Law Firm, we have years of experience handling these claims, and we’re eager to help with your case.

Details of the San Diego County Supervisors’ Decision

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Sometimes we forget that nursing home abuse isn’t always physical, and it may not be obvious. Particularly with older adults, abuse can be verbal, and it can wound seniors both emotionally and psychologically. A recent study conducted by researchers at Northeastern University emphasized that older adults typically aren’t openly willing to discuss their experiences with abuse, so the study provided elderly participants with more privacy when responding to questions about mental and physical anguish. According to an article in the New York Times, the study revealed that more than one-third of seniors have suffered physical abuse, usually at the hands of their caregivers.

Yelling.jpgIt’s no secret that elder abuse and neglect is a serious issue in California and throughout the country. Indeed, over the past few months we’ve mentioned that PBS Frontline and other national news outlets, as well as our own local U-T San Diego, have attempted to raise awareness about nursing home abuse and its serious consequences. Are you concerned that an elderly parent or loved one has been abused in a nursing home or assisted-living facility? It is never too early to speak to an experienced California nursing home abuse lawyer.

Studying “Words that Wound” Older Adults

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Have you considered elder in-home health care for one of your parents? Many families see the benefits of these in-home services, but they worry about the level of care that these agencies provide. Earlier this month, we told you about the important distinctions between in-home health care and home care—in short, the former provides medical services, while the latter simply acts as a non-medical caregiver and companion. If you hire a home care provider, you shouldn’t have to worry about elder abuse and neglect because of lackluster licensing laws.

House.jpgMany states have been tightening their oversight of home care agencies over the past several years, due to a general sense of inadequacy in the services provided by these companies. And now, California has joined that group. According to an article in the New York Times, “California has become the latest state to tighten oversight of home agencies that provide custodial care—help with bathing, dressing, toileting and other basic tasks—to older adults and people with disabilities.”

Are you concerned that your elderly loved one has been mistreated by a caregiver? Whether you’re dealing with an in-home agency or the services of a nursing home or assisted-living facility, the experienced California nursing home abuse lawyers at the Walton Law Firm today to discuss your case.

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Over the past few weeks, nursing home abuse and neglect in California has made local and national news. These stories beg the question: are assisted living facilities safe in California? Elder advocates might argue that reforms are in the works, but facilities across the state continue to receive fines and citations. A number of reports related to nursing home abuse and neglect have appeared in U-T San Diego in September. In response to those features, an article written by the president of the California Assisted Living Association (CALA) emphasized the “compassionate, competent care” that many elderly persons do receive in assisted living homes.

Smiling%20Old%20Man%20Credit.jpgWhile many assisted living facilities in California may be providing appropriate care and abiding by the law, many of these homes continue to expose their residents to serious cases of abuse and neglect. If you have an elderly loved one who resides in a nursing facility, it’s important to make sure that your loved one receives the best care possible. If you’re concerned about nursing home abuse or neglect, don’t hesitate to contact an experienced nursing home abuse attorney today.

Do Most Assisted Living Facilities Get it Right?

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Last week, we told you about two consumer advocates who are at the heart of the assisted living reform movement in California. Chris Murphy, 67, and Chrisy Selder, 34, began “doing what the state should be doing” by forcing hands when it comes to nursing home abuse and neglect. In other words, they’re doing their own research into the conditions at nursing facilities across the state, they’re keeping specific records about deaths in assisted living facilities and other reports of abuse, and they’re making them available to consumers. Together, the two women formed the nonprofit organization Consumer Advocates for RCFE Reform.

Chandelier.jpgAfter realizing that many incidents of abuse and neglect go unreported, or worse, unrecognized by the state as events that should incite criminal prosecution, the Murphy and Selder began contacting state prosecutors. They provided examples of the nursing home abuse they uncovered and urged prosecutors to bring charges against some of these facilities.

What led Murphy and Selder to engage in this important work in our state? As with many consumer advocates, their stories are personal ones that began close to home.

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In mid-August, Families for Better Care released its first “Nursing Home Report Card,” which is part of a “project that analyzes, compares, and ranks states’ nursing home quality.” On the California report card, our state only earned a “C” grade, coming in at 28th place in the United States. In fact, the report card stated that “rampant problems plague California nursing homes as 9 out of 10 facilities cited a deficiency.”

What is Families for Better Care? According to its website, Families for Better Care is “a nonprofit citizen advocacy group dedicated to creating public awareness of the conditions in our nation’s nursing home and other long-term care setting and developing effective solutions for improving quality of life and care.” The non-profit group is located in Florida, but its aim is to expose and improve nursing care across the country.

When Families for Better Care released the report card, California Advocates for Nursing Home Reform (CANHR) emphasized that our state only earned an “average score” on the whole, and in fact earned “D’s in registered nursing hours, deficiencies, and inspections.” What does this mean for your elderly loved ones? In short, many family members may not be receiving the care they need at a nursing home or assisted-living facility. The nursing home abuse attorneys at the Walton Law Firm have experience with these issues and can speak to you today.

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The California Department of Public Health (CDPH) cited the San Diego care facility Villa Rancho Bernardo Care Center (Center) for inadequate elder care, which resulted in the death of one of its residents. According to a story from NBC San Diego, the Center received the most severe penalty under state law, a “AA” citation that is accompanied by a $100,000 fine from the State of California. This isn’t the first time the Center has been cited by the CDPH. In fact, a previous citation occurred only a few years ago. Is this care center safe for patients?

What Led to the Recent Citation?

The Center had specific physician’s orders for a 61-year-old dementia patient’s diet. The patient had been admitted to the facility with a diagnosis of dementia, and his physician’s orders later stated that he had cognitive/behavior impairment (or decreased mental status).

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For the past several years, there has been significant discussion about the consequences of changing American demographics. More specifically, the American population is aging at a very steady rate. As the Baby Boomer generation reaches retirement age, the percentage of the population over 65 steadily rises. In fact, according to some estimates, the fastest growing segment of the population are those over 65 years old. The U.S. Census Bureau estimates that in the next fifteen years, the percentage of the population that is over retirement age will double from where it now stands. It is hard to underestimate the long-term consequences of this demographic shift.

For example, the aging of the population has significant effects on senior care. More and more community members need close care, and there are concerns about the availability of caregivers. There are only a limited number of nursing home and assisted-living facilities. Even still, many seniors would rather not move into those spaces where possible, and so there has been a surge in seniors who move in with family members or close friends.

Sadly, as outlined in a recent CBS 8 story, the growing need for senior care has been followed by a rise in complaints about elder abuse–perpetrated both at skilled nursing facilities and in at-home care settings. One way the increase has been noted is by the rise in elder abuse shelters.

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The Sacramento Business Journal reported today on a new website that the California Department of Insurance launched in order to help educate California seniors. The article highlights a few aspects of the new site called “Senior Gateway”, but once you visit the site, you see that it has a lot to offer to not only seniors, but their families, caregivers and representatives as well.

Here are a few bullet points outlined by the Sacramento Business Journal for what “Senior Gateway” offers:

*Avoiding and reporting abuse and neglect by in-home caregivers or in facilities

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A vast majority of the public has little if any knowledge regarding whether or not he or she has a claim for damages in the event of an accident. Often, the mentality of injured individuals is simply, “I’m hurt. I want money. Now who can I go after?” The key term that is thrown around a lot, but is not always completely understood, is negligence. The concept of negligence is the key to a claim for damages if you or someone you love is injured in a nursing home. Negligence is based on the theory that individuals in society must act in a specific responsible manner to ensure that lack of care does not negatively impact the society around them. The elements of a claim for negligence are first nature for attorneys, but are helpful to know for other individuals as well. Knowing these elements will not only help clarify a situation in which you think you might have a claim, but it will also enlighten you as to your own actions and responsibilities in daily life, both at work and at home. The elements that must be present in a claim for damages based on negligence are Duty, Breach, Causation, and Damages.

nurse.jpegDuty

Everyone has certain duties or responsibilities built into their daily lives. You can have a duty to act a certain way or a duty to not act a certain way. The staff members at a nursing home have a duty to care for the individuals living at the facility. There are certain actions they must take to care for the patients such as checking for bed sores and making sure medications are administered. On the other hand, they are not to engage in abusive behavior or neglectful practices. Certain individuals such as healthcare providers have heightened levels of responsibility due to their profession.

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