Articles Posted in Southern California Elder Abuse

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red-cross-29930_1280We often hear news about instances of nursing home abuse and neglect in which an elderly patient dies after being taken to a hospital after it is much too late. Particularly in cases of elder neglect, a patient may require care at a hospital. However, if a facility is understaffed and does not call for an ambulance in time, an elderly patient may not receive the care he or she ultimately needs. What if those patients could be rushed to a geriatric emergency department equipped to handle specific senior medical issues, including those related to elder neglect? According to a recent article in The San Diego Union-Tribune, a geriatric ER will soon be coming to UCSD and will provide specialized care to elderly residents in Southern California.

Complex Medical Needs Among the Elderly

When and where will the new geriatric emergency unit appear? It is currently in the planning stages, but the ER will become part of the Thornton Hospital at UC San Diego through an $11.8 million grant provided by the Gary and Mary West Foundation. According to the article, this emergency department “will be the first in the region to focus solely on seniors,” which is an important fact given that more Californians are reaching old age. The “complex medical needs” of the elderly, even when abuse or neglect is not a factor, “are expected to strain available resources as the baby boom generation reaches retirement age.”

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handsOne of the largest nursing homes in Stockton, CA is facing numerous allegations of nursing home abuse and neglect, according to a recent article from Recordnet.com. Reports from patients and their families allege lack of privacy, physical abuse, and serious neglect at Wagner Heights Nursing and Rehabilitation Center. What else do you need to know about these allegations? Can they help families to understand the importance of researching a nursing home or assisted-living facility before allowing an elderly loved one to become a resident at a facility without the best patient ratings?

Serious Citations at Wagner Heights Nursing and Rehabilitation Center

Based on data provided by California Advocates for Nursing Home Reform (CANHR), Wagner “has been issued the greatest number of serious citations going back to 2010 . . . of any skilled nursing home in Stockton.” Over the last six years, it has received six serious citations. Why were those citations issued? According to the article, the following represent some of the most serious fines levied against Wagner Heights:

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xDKN9HN0When California seniors are evicted from their homes, particularly in regions of the state with ever-increasing rent costs, can those evictions rise to the level of elder abuse? That question has been posed recently in a number of cases in which older adults were evicted from their homes and died shortly thereafter, according to a recent article in the San Francisco Examiner. If a senior dies from the stress of an eviction, can his or her survivors file an elder abuse lawsuit?

How Can Evictions and Gentrification Harm Older Adults?

According to the article, costs of living in various California cities have skyrocketed recently, and it is becoming more and more difficult for seniors to be able to live comfortably in their homes. In large part, commentators cite gentrification as the reason for the rise in living costs in the Bay Area and other parts of California. However, gentrification and growing costs of living become much more serious when they result in the eviction of a senior citizen who cannot afford another place to live. As the article points out, the link among gentrification, eviction, and elder abuse became national news when a 97-year-old woman died earlier this month after being evicted from her home.

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Shower headOver the past couple of years elder advocates have been paying a significant amount of attention to physical abuse and neglect at nursing homes in the San Diego area. It is important to remember that nursing home abuse can take many forms, including emotional and psychological abuse. According to a recent report from ABC 10 News, allegations of elder abuse at a Vista facility have resulted in an investigation by the San Diego County Sheriff’s Department. The article indicates that an employee at the LifeHOUSE Vista Healthcare Center has been “accused of using her cellphone to take footage of a patient getting in the shower, and then posting it on the internet.”

Elder Abuse Investigation in Vista

The elder abuse investigation in Vista got underway after someone who viewed the online video “took a screen grab” of it and sent it to ABC 10 News. The video was taken on Snapchat. According to the report, “it shows a partially nude woman from the shoulders up,” and there is an employee “standing behind her laughing.”

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Statistics in Southern California suggest that elder abuse is an extremely underreported crime, which means that many older adults suffer injuries while their abuses go unpunished. A recent article in the Los Angeles Daily News reported that Los Angeles officials recently indicated that the city will take greater efforts to protect the elderly from nursing home abuse. How will these new measures work? In short, millions of dollars in funding are going to flow in from the Department of Justice and the Verizon Corporation.

DSC_5767Elder Abuse Prevention Grants to the City of Los Angeles

Will San Diego be able to get the kind of funding that Los Angeles recently received? Grants totaling $1.6 million were provided in Los Angeles primarily to train police officers to recognize signs and symptoms of elder abuse—a skill that officials hope will lead to more abuse and neglect reporting. Last year, the Los Angeles Police Department saw a shockingly low number of elder abuse reports—only 100. To place that number in perspective, the LAPD received more than 11,000 claims of domestic violence reports in 2013.

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Did you know that Southern California is home to the largest Latino and Asian populations in the country? According to a recent article in the Los Angeles Times, elderly persons within these populations may not be getting a fair deal in elder abuse cases. When claims go to court, it is important for a judge or a jury to understand a plaintiff’s injuries and to grasp the extent of the nursing home abuse or neglect that took place. However, when your first language is not English, it is sometimes extremely difficult to mIMG_1930ake your way through the justice system.

Language Barriers to Legal Forms, Filings, and Testimonies

In California alone, the Los Angeles Times estimates that there are about seven million “limited-English proficient speakers,” and for those people, the civil court system is “practically impenetrable.” What is the problem?

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First Nursing Home Facility Rating System in California

As the population of California continues to age, and more baby boomers find themselves thinking about San Diego assisted-living facilities and nursing homes, it is becoming more important than ever to ensure that seniors in the San Diego area are protected from nursing home abuse and neglect.  According to a recent story San Diego CBS 8, San Diego County leaders currently are in the process of developing an elder care facility rating system that is aimed at preventing elder abuse.

file0001867553256According to the news story, the new rating system will be the first of its kind in California.  The ratings will be based on several different factors, and the Board of Supervisors hopes that the system will allow families to make informed decisions about the care of their elderly loved ones. The system is still in its early stages, but the Board of Supervisors unanimously approved its creation, emphasizing the need to protect older adults from physical, emotional, and sexual abuse in Southern California facilities.

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Who looks out for aging Californians who do not have relatives our outside caregivers to keep an eye out for the signs of elder abuse?  The California State Long-Term Care Ombudsman Program is in place to make sure that older adults receive proper care in long-term care facilities across the state.  What is a long-term care facility?  Examples in California include: nursing homes, assisted-living facilities, and residential care facilities for the elderly (RCFEs).

San Diego residents following the latest news about RCFEs know that many of these facilities in our state have fallen under much scrutiny in recent months, along with many assisted-living facilities.  The Long-Term Care (LTC) Ombudsman program speID-100190126cifically “investigates elder abuse complaints” at facilities such as these.

Services Offered by the Long-Term Care Ombudsman Program

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New Bill Raises Penalties for ElderSacramento_Capitol Abuse and Neglect

Is the state of California taking seriously the problems with nursing home abuse and elder neglect at assisted-living facilities?  According to a recent article in UT San Diego, Governor Jerry Brown just signed into law a bill that will impose “a 100-fold increase in the top fine for violations of state regulations at assisted-living homes for the elderly.”  Before Governor Brown signed the bill, the highest fine for a violation that results in the death of a resident was only $150.  Now, the top fine rose drastically to $15,000.

Fines for elder abuse and neglect resulting in the death of an older adult are not the only penalty increases.  To be sure, the bill will also raise the maximum fine for “violations leading to serious injury or abuse from $150 to $10,000.”  And the new law will not just apply to assisted-living facilities, as was originally proposed in the bill co-authored by Assemblyman Brian Maienschein of San Diego.  It will “apply to all community care facilities in the state.”

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A recent article in the Sacramento Bee reported on an attorney in the northern California area who was charged with financial elder abuse.  At the Walton Law Firm, we take elder financial abuse very seriously.  As an Elder Justice Advocate, Randy Walton is committed to protecting older Americans from crimes such the ones that occurred recently in Sacramento.  When looking for an elder lawyer to help with your legal issues, you should not need to worry whether you will be treated fairly. Contact our office today to learn more about our dedication to safeguarding elders in the San Diego area and throughout the state.

file000453200083Scams Target Elderly Californians

According to the Bee article, in late August, authorities arrested Delbert Joe Modlin, 63, on charges of financial elder abuse, grand theft, and securities fraud.  His release on bail conditioned that he agree not to practice law or see clients until the criminal proceedings ended.  Modlin has been licensed to practice law in California since 1987.

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