Articles Posted in Orange County Nursing Home

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Is malnutrition in an Orange County nursing home or assisted-living facility a result of nursing home neglect? The answer to this question is not always straightforward. Malnutrition can be difficult to identify, and in some cases, it can result from health issues that affect the resident. At the same time, malnutrition can be the result of elder abuse or neglect. Accordingly, it is important for anyone with a loved one in a nursing home or assisted living facility in California to understand the causes of malnutrition and common signs of malnutrition linked to elder abuse and neglect. An experienced Orange County nursing home neglect lawyer can provide you with more information, and we can speak with you today about taking action if an elderly loved one has experienced harmful malnutrition in a Southern California facility.

Learning More About Malnutrition

What is malnutrition? According to the World Health Organization (WHO), malnutrition is a term that “refers to deficiencies, excesses, or imbalances in a person’s intake of energy or nutrients.” It can take different forms, including the form known as “undernutrition,” which tends to result in the most harm for elderly Americans. Undernutrition can involve wasting, being underweight, and having important micronutrient deficiencies or insufficiencies. While malnutrition can affect people worldwide of any age, it tends to have the most significant impact among older adults in the US. 

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Seniors in Orange County nursing homes and assisted-living facilities, as well as older adults throughout Southern California, are more vulnerable to forms of abuse than younger people. Indeed, elderly nursing home and assisted-living facility residents can be subject to physical, emotional, and sexual abuse, as well as passive neglect — all of which can result in debilitating and even fatal injuries. Life in a nursing home or assisted-living facility should feel safe, and residents should be well cared for, yet many frequently are in precarious positions where their health and safety are at great risk. Why are older adults so susceptible to abuse? Our experienced Orange County nursing home neglect lawyers can explain in more detail, and we can speak with you today about any concerns you have that may warrant an investigation and a nursing home abuse claim.

Cognitive Impairment

Cognitive impairments, including those caused by Alzheimer’s disease and other forms of dementia, are one of the most common reasons that older adults are more susceptible to various forms of abuse and neglect in nursing homes or memory care facilities. Indeed, according to the Alzheimer’s Association, “people with dementia are especially vulnerable because the disease may prevent them from reporting the abuse or recognizing it,” which can also result in acts of abuse being perpetrated repeatedly and over time. Nursing home and assisted-living facility residents with certain types of mental health issues can also be vulnerable to abuse for similar reasons. 

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When you are searching in Orange County or elsewhere in Southern California for a nursing home where your elderly loved one can obtain the level of care they need, it is essential to do as much research as possible and to choose a facility that can provide what your family member needs. There are many different types of facilities in terms of quality and size, and there are also for-profit and non-profit facilities. According to a recent report from CBS News, many for-profit nursing homes in California are not serving residents well, and it is important for families to understand the distinctions between for-profit and non-profit facilities.

Nursing Home Abuse and Negligence Can Happen Anywhere

Before we discuss the important distinctions between for-profit and non-profit nursing homes, and the research surrounding those distinctions, we want to emphasize that nursing home abuse and negligence can happen anywhere. Even seemingly high quality facilities can have issues, and nursing homes with no past records of safety problems can be places where injuries occur. 

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Elder abuse and neglect in Orange County often result in severe and deadly resident injuries in nursing homes. Abuse can take many different forms, from intentional physical, emotional, or sexual abuse to passive neglect. To be clear, even when a staff member or other employee of a nursing home does not intend to cause harm, failing to attend to a resident’s health needs can result in serious harm for which the facility can be liable. Likewise, injuries resulting from intentional harm can also result in successful nursing home abuse and neglect claims against the facility, as well as the perpetrators. While studies underscore that nursing home abuse and neglect injuries occur with some frequency, they also highlight that abuse and neglect often go unreported.

To be sure, some studies suggest that the underreporting of nursing home abuse and neglect means that rates of harm are significantly higher than data currently indicate. Why is nursing home abuse and neglect underreported? There are many potential reasons that various studies have addressed, but a new study conducted by researchers at the University of Connecticut argues that fears of retaliation are central to understanding the problem. What do you need to know? Our Orange County nursing home negligence lawyers can say more.

Common Reasons for Abuse and Neglect Underreporting in Southern California Nursing Homes and Assisted-Living Facilities

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Falls can result in severe injuries for people of any age in Orange County, but they are particularly dangerous for older adults who may live in nursing homes or assisted living facilities in Southern California. Indeed, according to the Centers for Disease Control and Prevention (CDC), about 20 percent of all falls among the elderly result in a debilitating injury such as a traumatic brain injury (TBI) or a broken bone, and approximately three million older adults need to be treated in emergency departments every year for injuries they have sustained from falls. Of those seniors, about 800,000 need to be hospitalized because of the severity of the injury, which is usually a TBI or a hip fracture. In total, around 300,000 elderly people need to be hospitalized due to hip fractures every year.

When falls happen in nursing homes or assisted living facilities and residents sustain hip fractures, TBIs, or other serious injuries, the nursing home may be liable. Our Orange County nursing home negligence lawyers can explain.

Preventing Nursing Home Falls

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Nursing home abuse occurs frequently, but it can still be difficult to spot or identify if you do not know what to look for. Quite often, friends and family members of older adults in nursing homes are in the best position to spot injuries that may have resulted from abuse or neglect, so it is critical to know what you should be observing and reporting. Our Orange County nursing home abuse and neglect attorneys have tips. The following are the top ways to spot nursing home abuse in Orange County.

Learn About Different Forms of Abuse and Neglect

Nursing home abuse and neglect can take many different forms, so it is critical to understand the types of abuse that can occur. Those forms of abuse typically include physical abuse, emotional or psychological abuse, sexual abuse, willful deprivation, and passive neglect.

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Many nursing home residents in Orange County and throughout Southern California, as well as at assisted living facilities in the area, require help with activities of daily living (or ADLs). Activities of daily living include things like getting dressed, bathing, using the bathroom, and eating. Help with ADLs does not need to be provided by a nurse, but families should be able to expect that their elderly loved ones will have the assistance with these activities that they need at any nursing home or assisted living facility in Orange County. When a facility is negligent or when an employee fails to adequately assist a resident with one of these ADLs, the resident can suffer serious and sometimes life-threatening injuries. When it comes to eating, there is a serious risk of choking among older adults who need assistance.

What do you need to know about choking hazards among older adults and facility liability for these injuries? Our Orange County nursing home neglect attorneys can say more. 

Choking Hazards and Older Adults

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Nursing home abuse and neglect in Orange County is more common than many people think, and some studies estimate that it impacts 10% or more of older adults. Indeed, according to the National Council on Aging (NCOA), one out of every 10 people aged 60 and older suffers some type of abuse each year, and some studies suggest that only about one out of every 24 cases of elder abuse is actually reported, which could mean that the rates of abuse and neglect are significantly higher than what we already know. Some signs of abuse or neglect may be more obvious than others, such as physical bruises or cuts or reports made by seniors who have experienced abuse. Yet as an article in U.S. News & World Report intimates, it is always important to think about signs and symptoms of abuse that may not be as obvious or transparent. Often, the way to learn about some of these issues is to ask questions. Our Orange County nursing home neglect lawyers can tell you more.

When Nursing Home Abuse is Not Transparent

The article in U.S. News & World Report emphasizes that, more often than you might anticipate, “there are harsh secrets in nursing homes” that frequently include “resident neglect or abuse.” As that piece underscores, the COVID-19 pandemic worsened safety and health issues that were already present in many nursing homes in California and across the country as those facilities failed to implement effective infection control measures or to address the effects of isolation and emotional neglect. Yet often, these kinds of issues will only be known to prospective residents or to current residents’ family members if they ask. 

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If you have an elderly loved one in a nursing home or assisted living facility in Orange County, you may be wondering about the first signs that could point to abuse or neglect. Depending upon the type of elder abuse or neglect, it can be extremely difficult to identify early warning signs, especially when those signs and symptoms do not include obvious physical harm. Given that there are so many different types of nursing home abuse and neglect that can result in injury and even death, it is important to understand that early warning signs are not always the same, and anything that seems different or suspicious should be treated seriously. Indeed, any unexplained changes in an elderly loved one, including changes in personality or demeanor, as well as indications of infection, warrant further consideration. Our Orange County nursing home abuse lawyers can explain in more detail. 

Identifying Early Signs of Elder Abuse and Neglect Can Be Complicated

One of the reasons that elder abuse or neglect can persist is that family members of the elderly person do not immediately recognize signs of symptoms of abuse. According to an article from the National Institute on Aging and the National Institutes of Health, it is critical to know that elder abuse can affect any older adult, and it can occur in nearly any location — from nursing homes with histories of abuse to state-of-the-art facilities that do not appear to have any outward indicators of problems. 

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Depending upon the outcome of a U.S. Supreme Court case, the rights of nursing home residents in Orange County could become devastatingly limited. The Supreme Court recently heard the case of Health & Hospital Corporation of Marion County v. Talevski, a case that concerns the right of individual nursing home residents to file lawsuits for elder abuse and negligence. According to the Kaiser Family Foundation, this case “raises the issue of whether Medicaid beneficiaries can seek relief in federal court when they believe their rights are being violated by state officials, or whether enforcement of state compliance with federal Medicaid rules should be left solely to the federal Centers for Medicare and Medicaid Services (CMS).” 

Ultimately, the case could have reverberations far beyond nursing home resident rights. Our Orange County nursing home abuse lawyers can provide you with more information.

Getting the Facts About Talevski

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