DO YOU SUSPECT ABUSE OR NEGLECT? Contact Us for a Free Consultation

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Prior to the start of 2020, nobody was considering the ways in which a global pandemic could impact a senior’s risk of suffering injuries as a result of nursing home abuse and neglect. Yet the coronavirus pandemic has, for many older adults, made things worse. According to a recent article in MarketWatch, the pandemic has meant that “many older adults have become more vulnerable” and are suffering harm that otherwise could have been prevented.

 
Whether you currently live in a nursing home in San Bernardino County or have an elderly loved one in a skilled nursing facility in Southern California, it is essential to learn more about elder abuse risks during the pandemic and what can be done to mitigate them.

 
Facilities Refusing to Allow Residents to Reenter

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Although nursing homes in Orange County and throughout Southern California are largely focused on issues pertaining to COVID-19 infections and methods of preventing illness and death among residents and patients, it is important to remember that long-term care facilities still have other duties when it comes to resident safety. Nursing homes and assisted living facilities in California need to provide a certain level of care to patients in order to prevent injuries from happening solely as a result of inadequate care. Many injuries in nursing homes happen because a resident tried to get out of bed herself after being unable to reach a nurse, or a resident fell because a staff member was not providing proper observation.

 
To be clear, many injuries in nursing homes do not result from bad intentions, but rather from a lack of care often due to inadequate staffing. As many staff members call in sick with COVID-19 and staff members are swamped with coronavirus mitigation duties, more residents could be at risk of a fall-related injury. The following are five things to know about falls in nursing homes.

 
Adults Aged 65 and Older Fall More Often Than You Might Think

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Nursing homes in Riverside County and throughout California and the country are facing lawsuits related to COVID-19 infections and deaths among residents. Many nursing homes are arguing that they could not have taken any additional steps to prevent the spread of the coronavirus, yet skilled nursing facilities are required to have particular infection-control measures in place.

 
In fact, in early April, the Centers for Medicare & Medicaid Services issued guidance to nursing homes and other long-term care facilities about the types of infection-control methods that would be necessary “to keep patients and residents safe.” The guidance helps to provide clarity for the types of actions (or inactions) for which a nursing home or assisted-living facility may be liable if a patient contracts COVID-19 and suffers a serious infection or dies as a result of that infection.

 
Actions to Prevent the Spread of COVID-19 at Nursing Homes and Assisted-Living Facilities

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Virus_Outbreak_California_Nursing_Homes_57249-300x208One of the great tragedies of the coronavirus pandemic is the disparate impact it has had on some of our most vulnerable citizens including elderly patients residing in Southern California nursing homes. Thousands of elderly nursing home residents across the country have died from coronavirus. Indeed, one of the first coronavirus outbreaks occurred in a nursing home in Kirkland, Washington where 129 residents, staff, and visitors fell ill with covid-19 and 40 died. In an unexpected twist of logic, many nursing homes are discharging long-term residents to care for patients with coronavirus. Why? Money, of course, even though this presents an increased risk to other residents of nursing homes and to their staff.

Caring for a patient sick with Covid-19 earns a Los Angeles nursing home, for example, significantly more money than can be charged for a non-Covid-19 patient who needs assistance with long term more mild conditions. In the fall of 2019, Medicare funding changed offering increased payments to nursing homes caring for patients who have recently been discharged from the hospital. The first weeks after their discharge, nursing homes earn up to four times of the daily amount offered for a long-term resident. For example, a nursing home can earn $800 per day for a COVID-19 patient while earning only $200 per day for a patient with dementia.

Thus, nursing homes have great incentive to attract those patients recently released from hospitals who are severely ill and require skilled nursing. To have the space to care for those patients, nursing homes must free up beds in their facilities. How does that happen? The long-term, less valuable patients are discharged, often under conditions that imperil their health and safety. Families of the soon to be discharged patients are called and told their loved one will be discharged sometimes in as few as 10 days, leaving no time to plan for or to find appropriate alternative housing for the patient. Little consideration is given to a patient’s level of income or to their well-being. Instead, the nursing homes while turning their backs on their vulnerable long-term residents tout their care of Covid-19 patients as a public benefit.

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If you have an elderly loved one in a San Diego County nursing home or in a skilled nursing facility elsewhere in California, it is important to know about liability for COVID-19 infections and what facilities are doing—or not doing, in many cases—to prevent infections. According to a recent article in Time Magazine, nursing homes across the country are seeking immunity from COVID-19 lawsuits, arguing that patients and their families cannot allege nursing home neglect as a result of the spread of coronavirus. An article in The New York Times recently explained how California nursing homes, along with facilities in places like New York and New Jersey, are being encouraged to take COVID-19 patients from hospitals, which many are doing in order to increase profits.

 
What do you need to know about nursing home claims and what it would mean if facilities were immune from lawsuits?

 
Nursing Home Neglect Claims Tied to COVID-19 Infections

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When you have an elderly parent in a Los Angeles County nursing home or another loved one receives daily care in a skilled nursing facility in Southern California, it is essential to understand the rights that an older adult has under California law, and how a dangerous facility can be held accountable for resident injuries. Given that so many nursing home residents are contracting COVID-19 as a result of poor infection-control measures and policies in nursing homes across the country, and many seniors are dying from COVID-19 infections in California skilled nursing facilities, it is important for all Los Angeles County residents to know more about protections under state law.

The primary law that protects nursing home residents and provides a remedy for safety violations is the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). We want to provide you with some frequently asked questions and answers about this law.

What is the EADACPA Designed to Do?

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Whether you have an elderly loved one at a nursing home or assisted-living facility in San Bernardino County or somewhere nearby in Southern California, we know that you are likely watching the news about the spread of the coronavirus carefully. Given that nursing homes are filled with older adults who suffer from a variety of health conditions, including many with compromised immune systems, residents of these facilities are at a particularly high risk of a severe case of COVID-19 and at a significantly higher risk of death than the rest of the population. News reports indicating that dozens, and sometimes more, residents of nursing homes across the country are dying of COVID-19 have served as a call to action when it comes to making nursing homes safer. 

A recent article from Kaiser Health News reports that many of the “COVID-plagued” facilities in California have histories of safety problems and violations. In other words, these facilities should have been targeted much sooner, in which case some coronavirus deaths may have been prevented. 

California Nursing Homes with Past Problems

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brandon-holmes-199535-unsplash-copy-300x200The COVID-19 pandemic has resulted in thousands of deaths in nursing homes across the country. By mid-April, an article in The New York Times reported that more than 7,000 COVID-19 deaths had occurred in nursing homes, and one commentator referred to the facilities as “death pits.” In addition to the sheer risks of coronavirus exposure and COVID-19 deaths in nursing homes, filing a claim during the pandemic can also be a bit more complicated. However, you should know that an experienced Orange County nursing home neglect attorney can help you with your case. In the meantime, the following is a list of things you should know about filing a claim during the COVID-19 pandemic. 

Nursing Homes May be Liable for COVID-19 Deaths

Nursing homes in California and throughout the country are required to have infection-control procedures in place to prevent the spread of disease throughout the facility. Yet many nursing homes and other long-term care facilities in Southern California have not been able to contain the spread of the coronavirus, and thousands of patients in the country have now died from COVID-19. Recognizing the severe threat of COVID-19 to elderly populations in nursing homes, Governor Gavin Newsom recently announced that non-COVID patients in certain facilities would be moved to the Navy hospital ship, the Mercy, to prevent exposure. According to the Los Angeles Times, the state has also dispatched “600 nurses trained in infection disease control to assist nursing homes.”

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coronavirus_2019-300x169It is more important than ever to know if you have an elderly loved one in a facility with a history of infection-control violations, whether he or she is in a nursing home in Riverside County or any other across the state of California. Given the rapid spread of the novel coronavirus, which causes COVID-19, nursing homes need to plan and provide effective infection-control strategies to prevent nursing home patients and assisted-living facility residents from contracting this deadly illness. In recent weeks, COVID-19 has spread through many skilled nursing facilities in California and throughout the country quickly, leaving many older adults with severe and fatal COVID-19 infections. 

According to a recent report in the Sacramento Bee, some nursing homes in the state have a history of infection-control violations. While the lack of a history of violations does not necessarily mean that a facility could not make mistakes or poor decisions in the future that might lead to patient harm, facilities that already have a history of violations may put patients at particular risk of COVID-19 infections.

Nursing Homes in California Have Violated Infection-Control Requirements

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markus-spiske-3_SvgDspSTE-unsplash-copy-300x200Nursing home patients in San Diego County and throughout the U.S. are particularly vulnerable to infections and illness as a result of age and underlying conditions, even when the world is not experiencing a coronavirus pandemic. However, in this moment of the pandemic caused by the novel coronavirus, news reports across the country are reflecting the ways in which nursing home residents are uniquely vulnerable to the virus and, in particular, to death as a result of contracting it. As such, many nursing homes have limited how visitors can see their loved ones at nursing homes and assisted-living facilities in order to prevent the spread of the virus among the elderly. At a moment when residents of California’s nursing homes are especially vulnerable to illness, the Trump Administration announced plans to relax federal oversight of nursing homes. 

According to a recent article in The New York Times, the Trump Administration’s proposal “would loosen federal rules meant to control infections, just as the coronavirus rips through nursing homes.” The following is some information you should know about plans to relax federal oversight of nursing homes and what that could mean for elderly residents.

Rule Changes Were Proposed Last Summer

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