Articles Posted in San Bernardino Nursing Home

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Anyone who has an elderly parent or relative who resides in a nursing home or assisted-living facility in San Bernardino County should know about the risks of nursing home abuse, neglect, and negligence. Generally speaking, older adults in nursing homes and assisted-living facilities can be at risk of injuries from various types of harm, both intentional and unintentional. Trying to understand the distinctions between abuse, neglect, and negligence in relation to seniors can be confusing, and our Southern California nursing home abuse and neglect lawyers can help to clarify the terms for you. If you have further questions or if you need assistance with a claim, do not hesitate to get in touch with us.

Intentional Elder Abuse

The term elder abuse often refers to acts of intentional abuse. The National Council on Aging (NCOA) underscores that there are many forms of intentional abuse that can result in severe harm to older adults in nursing homes and assisted-living facilities, including physical abuse, emotional or psychological abuse, sexual abuse, and willful deprivation. 

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Anyone with an elderly loved one in a San Bernardino nursing home or any long-term care facility in Southern California should be aware of elder abuse and neglect risks and should be able to recognize concerning signs in order to take action. Yet, being able to recognize potential signs of abuse becomes significantly more important when you have an elderly loved one with dementia in a nursing home. As the Centers for Disease Control and Prevention (CDC) explains, the term “dementia” does not refer to a specific, diagnosed disease, “but rather is a general term for the impaired ability to remember, think, or make decisions that interfere with doing everyday activities.” What do you need to know about recognizing nursing home abuse if you have an elderly parent or loved one with dementia? Our San Bernardino nursing home abuse attorneys can tell you more.

Understanding Dementia

In order to understand specific signs or symptoms of elder abuse in nursing home residents with dementia, it is essential to understand how older adults are affected by dementia and what it involves. The CDC explains that about five million people over the age of 65 had dementia in 2014, and that number has risen over the last decade. To be sure, as the aging population increases, the number of dementia patients is expected to surge and to nearly triple by the year 2060.

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Long before social media platforms entered into wide and nearly constant use by people of all age groups in the US, nursing home abuse and neglect were serious problems in San Bernardino nursing homes and in facilities across the state. In other words, social media has not caused a rise in nursing home abuse or neglect in Southern California, but it has made new forms of emotional abuse possible that can have serious psychological repercussions for nursing home residents. A recent report from Insider discusses the prevalence of “social media mistreatment” affecting nursing home residents throughout the country. 

What do you need to know about emotional abuse and its rise on social media? And what can you do for an elderly loved one who is being mistreated? Our San Bernardino nursing home abuse attorneys can tell you more. 

Understanding Elder Emotional and Psychological Abuse 

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Nursing homes in San Bernardino County and throughout Southern California must comply with state and federal laws concerning resident care. Those laws require nursing homes to provide a particular level of care based on the resident’s needs, to comply with residents’ rights, and to ensure a certain level of safety at the facility. In recent years, questions and concerns about transparency in nursing homes have become particularly important as residents have experienced injuries due to nursing home abuse and neglect, have been transferred unlawfully to hospice facilities, and have been evicted for inexplicable reasons. 

As of January 1, 2024, a new law is in effect that requires nursing homes to provide detailed information to residents upon eviction. Our San Bernardino County nursing home abuse and neglect lawyers can tell you more.

Risk of Forcible Discharge or Eviction at California Nursing Homes

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Many different types of injuries can be warning signs of nursing home abuse or neglect in San Bernardino County and throughout Southern California. Burn injuries are one type of injury that can signal physical abuse or passive neglect, depending upon the burn injury and how the nursing home resident sustained it. While burn injuries may not be quite as common as certain other types of harm reported in nursing homes (such as bed sores, for example), burn injuries do occur, and the facility and other parties could be liable. Our San Bernardino nursing home neglect attorneys can tell you more about elderly burn injuries and how they can be symptoms of abuse or neglect in Southern California nursing facilities.

Learning More About Burn Injuries in the Elderly

Older adults in nursing homes can be more susceptible to burn injuries, and burn injuries can be more problematic in older patients, as well. Indeed, as Wolters Kluwer underscores, “older adults are more prone to burn injury and are also more likely to develop complications after the injury.” In addition, “treatment outcomes are overall worse for older compared with younger adults,” and “the incidence of burn injuries in older adults is increasing.” In addition to physical harm, burn injuries can also have psychological consequences, and it can be difficult for older adults to recover from serious burn injuries.

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Do nursing homes in San Bernardino County and elsewhere in Southern California have enough staff members to prevent resident injuries due to negligence? Nursing homes have a duty to provide residents with the specific types of care they need, and when a facility is understaffed and a resident suffers an injury as a result of the understaffing, the facility may be liable. According to a recent report in The New York Times, federal officials have proposed new rules for increasing the number of staff members at nursing homes throughout the country. How do the newly proposed standards compare with current requirements in California? And what should you do if you believe an elderly loved one at a nursing home suffered serious or deadly injuries due to neglect and understaffing?

Our San Bernardino County nursing home neglect lawyers are here to help, and we can tell you more.

Learning More About the Newly Proposed Federal Rules

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For quite some time, nursing home abuse and neglect studies have shown that older adults with Alzheimer’s disease and other forms of dementia may be more vulnerable to various types of elder abuse, and it may be more difficult for them to make accurate reports of that abuse, as well. According to a new study published in the journal Health Affairs, researchers contend that nursing home residents with Alzheimer’s disease and other forms of dementia need to be in facilities where “they are the majority” in order to have the best chance at quality care, yet most facilities in California “accommodate a heterogeneous population, where specialized training is limited.” In other words, most dementia patients at California nursing homes may be unnecessarily subject to conditions where they could sustain preventable injuries. 

Dementia Patients Need to Be the Focus of Care

When an older adult has Alzheimer’s disease or another form of dementia, and that person is residing in a nursing home, it is particularly important for that person to be in a facility where dementia patients are the focus of the care. According to the study, ADRD residents, or nursing home residents who have been diagnosed with “Alzheimer’s disease and related dementias,” are currently “dispersed throughout all nursing homes, with fewer than half in facilities where they accounted for 60% to 90% of the population.” In these circumstances, the quality of care for ADRD residents was of a lower quality than at facilities where they were at the center of the type of care provided by the facility.

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When we think about characteristics that make people particularly vulnerable to nursing home abuse or neglect in San Bernardino County, we often think about age, socioeconomic factors, community relationships, and a nursing home resident’s relative health. It is important to know that older adults are subject to abuse and neglect in ways other patients may not. Nursing home residents who cannot afford certain types of care or do not have family members or trustworthy loved ones in their community to consider their best interests can suffer injuries due to nursing home abuse or neglect — sometimes at higher rates than others. The Alzheimer’s Association also underscores that nursing home residents with Alzheimer’s disease and other forms of dementia are especially vulnerable to abuse, often because they do not have the cognitive abilities to recognize abuse or to report it.

What about gender and sex? And, in particular, are women at higher risk of certain types of abuse in nursing home settings? Our San Bernardino nursing home abuse attorneys want to say more about gender-based violence and elder abuse in Southern California.

Women Residents of Nursing Homes Are More Likely to Be Victims of Sexual Abuse

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Although COVID-19 does not pose the same broad risks in San Bernardino County that it did in the early years of the pandemic, the virus does continue to pose a relatively serious risk to older adults in nursing homes. Even seniors who have been fully vaccinated and boosted are still at higher risk of developing serious symptoms from COVID-19, and nursing homes have a duty to ensure that infection-control measures are in place to prevent the spread of the virus if a resident does become infected. According to a recent story from KQED, some nursing homes and other long-term care facilities are using COVID-sniffing dogs to identify the virus in residents. Can dogs really sniff out COVID? And when can a nursing home be liable for injury or death caused by COVID in a nursing home, assisted-living facility, or another type of long-term care facility?

Learning More About COVID-Sniffing Dogs in California

Can dogs really sniff out COVID? And can this practice make nursing homes and assisted-living facilities safer for residents? According to the KQED story, using COVID-sniffing dogs can be quick and effective, in large part. Indeed, the piece says, “in less than a half hour, dogs can scan hundreds of patients at a nursing home by sniffing their shoes and ankles,” and “if they identify COVID, they will sit down next to the suspected resident.” Facilities are then using rapid antigen tests to “verify the results” provided by the dogs.

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Older adults in San Bernardino County nursing homes are at greater risk of severe injuries from falls than younger adults. According to the U.S. Centers for Disease Control and Prevention (CDC), falls among adults aged 65 and older result in about 34,000 deaths yearly and three million emergency department visits. In terms of the economic costs of senior falls, the CDC reports that falls among older adults cost approximately $50 billion annually in medical care. There are many different reasons that older adults are more likely to fall and that those falls are more likely to result in severe injuries. Older adults are more likely to be on medications that make balancing difficult. Physical conditions can make it more challenging to get out of bed or shower without falling. In addition, older adults — and women in particular — may have bone density issues that can make a severe fracture more likely when a fall does occur.

When falls happen at nursing homes, is the nursing home liable? To determine liability, it will be important to have an experienced San Bernardino nursing home negligence lawyer assess your case. In the meantime, the following are some questions you can ask yourself to consider whether the nursing home could be responsible for damages resulting from a fall.

Did the Fall Result From a Hazard on the Nursing Home Premises?

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