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

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peter-hershey-282615-copy-300x200Several months ago, we told you about proposed legislation designed to protect LGBTQ seniors from nursing home abuse in long-term care facilities. That proposed legislation, Senate Bill 219 (SB 219), has now been approved by the California Legislature, according to a recent article in San Diego Gay & Lesbian News. Older adults who identify as LGBTQ can face many forms of nursing home abuse and neglect that stem from prejudice and discriminatory behavior.

We want to give you a brief reminder about the proposed law and what it is designed to do, as well as to give you some more information about what it will take for it to become law.

Protections for LGBTQ Seniors Against Discrimination and Nursing Home Abuse

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jorge-lopez-284336-copy-300x200If you have an older parent or other family member who resides in a nursing home in Poway or elsewhere in Southern California, it is important to understand the risks of nursing home abuse and neglect. In recent years, numerous studies have pointed out that many elder abuse cases involve perpetrators who are also residents of the facilities in which the injuries occur. In particular, cases of sexual abuse in the elderly can happen when one patient sexually assaults another patient. When do issues of consent and capacity arise in these kinds of nursing home abuse claims? Most frequently, as it turns out, when the victim suffers from Alzheimer’s disease or another form of dementia. Can such a patient ever give consent? In other words, can such a patient actually have the capacity to consent, or is any sexual act always one for which consent simply cannot be given?

This is a question that is currently at issue in California. According to an article in The Sacramento Bee, a 79-year-old woman at a California nursing home may have been sexually assaulted by another patient, a 70-year-old man also residing at the facility. Is there ever a gray area between consent and elder abuse?

Getting the Facts of the Recent Case

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daan-stevens-282446-1-copy-300x191If you have an elderly loved one who currently resides in an Escondido nursing home or assisted living facility (or anywhere else in San Diego County), it is important to properly assess the risks of elder abuse and neglect. According to a recent report from NPR, particularly serious cases of nursing home abuse may go unreported. We know that many seniors sustain severe injuries as a result of nursing home abuse and neglect, and that there are likely many more cases that occur than are reported.

Federal Report Raises Concerns About Severe Cases of Nursing Home Abuse and Neglect

Based on information contained in an alert from the Office of Inspector General in the Department of Health and Human Services (HHS), however, that number might be even higher than some commentators have feared. According to the NPR report, the alert noted that “cases went unreported despite the fact that state and federal law require that serious cases of abuse in nursing homes be turned over to the police.” Investigators with HHS emphasized that the alert was issued in order to demand “immediate fixes.”

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rt_k9r80pya-jean-gerber-300x200When a senior in San Marcos suffers injuries as a result of nursing home neglect or elder abuse, family members should know that this might not be a one-time occurrence. A fact sheet from the World Health Organization (WHO) emphasizes that nursing home abuse can be a single occurrence, or it can be repeated. In many situations, older adults are victims of recurrent abuse. What can you do if you are a senior and are being repeatedly victimized by an individual at your nursing home or assisted-living facility, or if you have an elderly loved one who is in this situation? In such cases, an elder or dependent adult abuse restraining order may be able to help.

What is Required for an Elder or Dependent Adult Abuse Restraining Order in California?

According to a fact sheet from the California Courts, an elder or dependent adult abuse restraining order may be able to provide some protection to seniors who are suffering from nursing home abuse or neglect. In order to be eligible for one of these types of restraining orders, the elderly adult who is seeking the order must be at least 65 years of age, and must be a victim of one of the following:

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dayne-topkin-101956-copy-300x200What is elder or dependent adult abuse according to California law? For residents of Vista and other parts of Southern California, it is important to learn more about the protections available to seniors who may be subject to nursing home abuse. A recent article in CalCoast News reports that the California Department of Justice arrested the owner and a former employee of an assisted living facility in the state for elderly dependent adult abuse. This case involves a critical case of nursing home neglect that resulted in the death of a resident. It serves as a reminder that laws are in place not only to punish perpetrators of elder abuse and neglect, but that there are also legal protections in place to prevent further abuse.

Details of the Recent Elder Neglect Case

As the article explains, the incident that led to the elder and dependent adult abuse charges occurred several years ago. In December of 2014, a senior, Mauricio Edgar Cardenas, at The Manse on Marsh, an elderly facility in San Luis Obispo, attempted to cross a street by himself. He was struck and killed by an oncoming vehicle, the driver of which was cleared of wrongdoing. When the accident happened, it was dark outside, and authorities determined that the motor vehicle driver could not have seen the victim in time to stop or to avoid hitting him.

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toni-hukkanen-87089-copy-300x189Could Carlsbad residents with dementia see improvement in their condition by using an app for iPhones or iPads? According to a recent article in U-T San Diego, “a brain training game played on an iPad improves memory for those in the earliest stages of dementia.” The article cites a recent study conducted by scientists in Britain and published in the International Journal of Neuropsychopharmacology. Many nursing home residents in Southern California who become victims of nursing home abuse also suffer from Alzheimer’s disease or another form of dementia. Could apps help to reduce some of the risks for elder abuse and neglect by improving conditions for dementia patients?

Study Addresses Episodic Memory

The study’s findings are particularly important in terms of episodic memory, which “is used to remember thing important for the day, but which can be forgotten after that.” For instance, a person might remember where she put her car keys or where she parked her car. The study introduced the memory exercise game app to 21 different people who have been diagnosed with amnestic mild cognitive impairment, in addition to 21 other individuals for control. This condition, amnestic mild cognitive impairment, often is “considered a transitional stage to actual dementia.” When a person has this condition, they experience “lapses of memory greater than typical with normal aging.”

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christopher-ayme-157131-copy-300x200Oceanside nursing home residents and their families should consider learning more about therapy animals and how they could help to improve the general health and quality of life for seniors who reside in nursing homes and assisted-living facilities in Southern California. According to a recent article in U-T San Diego, animal therapy is becoming more prominent in California and throughout the country, more residents in long-term care facilities are considering the benefits of therapy animals. An article in Psychology Today discusses a recent study that addresses the impact of therapy dogs in nursing homes and the question of whether they could help to improve the emotional health of seniors in these facilities.

It is important to raise public awareness about issues concerning nursing home abuse and neglect in order to prevent such incidents from happening. At the same time, seniors who reside in these facilities need to be in good emotional and psychological health in order to engage in self-care, and to have the strength to report incidents of abuse or neglect when they arise. In addition, when seniors are subject to nursing home abuse, they need strong immune systems to fight injuries. Emotional and psychological health impacts physical health and the immune system—when one falters, the other can, too. Can therapy animals have this effect?

Animals Visitation Programs and Therapy Dogs in Long-Term Care Settings

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rt_k9r80pya-jean-gerber-300x200A lack of federal funding for elderly healthcare could cause a nursing home abuse epidemic in San Clemente and across the country, a recent article in The New York Times suggests. While a vote on the Senate health care bill has been delayed, even an amended version of the bill that includes drastic cuts to Medicaid could have serious and even deadly consequences for seniors living in nursing homes and assisted-living facilities. As the article contends, if such a bill passes, introducing “Trumpcare” to California and to the rest of the country, it “is certain to produce drastic upheaval in the landscape of long-term care.” Medicaid is currently “by far the largest source of funding for nursing home stays,” providing the funding for almost two-thirds of all nursing home residents.

If funding ceases, the quality of care is likely to decline, as well. Such a cut to Medicaid would result, at best, in a rise in nursing home neglect cases, the article argues. Could changes to Medicaid funding really produce such damage to elderly nursing home residents’ care?

History of California Nursing Home Abuse and Neglect

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ian-schneider-95541-300x200Residents of Valley Center, California who currently have loved ones in nursing homes and assisted-living facilities in Southern California should take note of a recent study that addresses the impact of elder abuse on the long-term health of seniors. According to a recent study supported by the World Health Organization (WHO) and published in Lancet Global Health, approximately one out of every six seniors experiences some form of elder abuse. As the study clarifies, this is “a higher figure than previously estimated,” and it is only expected to increase as the population of older adults increases. Moreover, the study also suggests that certain types of elder abuse have long-term health effects that have not been sufficiently studied.

Higher Rates of Elder Abuse Among Senior Population Than Previously Reported

The recent WHO study suggests that more than 15% of the elderly population will experience some type of abuse in old age, from nursing home abuse to neglect at an assisted-living facility. As the study highlights, this number is significantly higher than previously estimates of elder abuse. As a fact sheet from the National Council on Aging (NCOA) indicates, experts previously believed that elder abuse occurred in about one out of every 10 seniors, or 10% of the elderly population.

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Falta_de_fusio%CC%81n_del_nu%CC%81cleo_de_la_estiloides-300x221We know that the likelihood of Rancho Bernardo patients who visit emergency rooms receiving elder abuse diagnoses is small, based on a study conducted by researchers at the University of California, San Diego, among others. However, are there other locations in which physicians could be trained to identify sign and symptoms of nursing home abuse and neglect? According to an article in Psych Central, a recent study suggests that radiologists could be an important source of detection for abuse among elderly patients. Could more training for radiologists mean earlier treatment for injuries sustained as a result of nursing home abuse in San Diego County?

Why Should We Train Radiologists to Detect Signs of Elder Abuse and Neglect?

Are radiologists in a better position to identify signs of nursing home abuse than other types of medical doctors? In some ways, the answer might be yes. To better understand why training for radiologists in elder abuse could be an effective detection measure, it is important to understand what a radiologist does. As a fact sheet from the American College of Radiology explains, radiologists are doctors “who specialize in diagnosing and treating diseases and injuries using medical imaging techniques, such as x-rays, computed tomography (CT), magnetic resonance imaging (MRI), nuclear medicine, positron emission tomography (PET), and ultrasound.”

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