Southern California Nursing Home Abuse Lawyer Blog

February 5, 2016

Physicians Ask: What Provokes Elder Abuse?

For those of us with elderly loved ones who are currently living in nursing homes or assisted-living facilities, the threat of injuries caused by nursing home abuse is all too real. But what leads staff members at these facilities to perpetrate acts of elder abuse and neglect? Often, as we have noted in previous posts, understaffing at nursing homes frequently results in patients not receiving proper levels of care. But when we think about physical elder abuse, it is more difficult for most San Diego residents to consider explanations.

The possibility of nursing home abuse is abhorrent to us, but it can be difficult to understand why, exactly, it happens. According to a recent article in Forbes Magazine, one emergency room physician decided to look more closely into acts and events that prompt elder abuse.

Exploring Causes of Elder Abuse

January 29, 2016

Nursing Home Abuse and Social Media

by Walton Law Firm

If you have an elderly loved one in a nursing home or assisted-living facility in the San Diego area, do you need to worry about whether abusive photos of your loved one will end up on social media sites like Facebook, Twitter, and Snapchat? According to a recent article in The Washington Post, “posting abusive photos of the elderly on social media” has become an alarming trend in nursing home abuse cases. While most of us would like to believe that technology can only help seniors to have better lives, whether they are living independently or under the care of nursing home staff, the article should put Californians on alert to the emotional and psychological abuse that is happening at nursing homes across the country.

Dehumanizing Photos of Seniors and Emotional Abuse

As the article notes, advocates who work tirelessly to prevent nursing home abuse have identified a disturbing trend when it comes to elder abuse and social media: “nursing home workers across the country are posting embarrassing and dehumanizing photos of elderly residents on social media networks such a Snapchat, violating their privacy, dignity, and sometimes, the law.” Although many of these incidents are only now coming to light, the article intimates that numerous violations of patient privacy—that we know of—occurred back as far as 2012.

January 22, 2016

CANHR Lawsuit Gives Power Back to Nursing Home Residents

by Walton Law Firm

What happens when a nursing home resident cannot make medical decisions for herself but she has no family members to rely upon? Last summer, we told you about a case that went before the Alameda County Superior Court, which put some of the power back in the hands of nursing home residents. A recent article in the California Health Report emphasized the far-reaching implications of this decision, and the ways in which there are both potential pros and cons for nursing home residents.

CANHR’s Case Against the California Department of Public Health (CDPH)

Before we discuss some of the recent commentary on the court decision from June of 2015, it is important to recall the key issues at stake in this case. According to the article, the advocacy group California Advocates for Nursing Home Reform (CANHR) filed a lawsuit against the CDPH, arguing against the constitutionality of “a California statute allowing nursing homes to make medical decisions for residents incapable of doing that for themselves and who have no family or legal representatives.”

January 8, 2016

California Law Library Educates Public About Elder Abuse

by Walton Law Firm

It can be difficult for California residents who do not have specific ties to elder advocacy groups to learn more about confronting nursing home abuse and neglect in our communities. Yet one city in California has taken steps to make materials about elder abuse awareness and prevention more accessible to members of the community who do not necessarily have specific knowledge about law enforcement or legal advocacy. According to a recent article in the Pleasant Hill Patch, the Contra Costa County Public Law Library is open to the public, providing “resources to help recognize and report elder abuse.”

Library with a “Special Interest in Serving Seniors”

The Contra Costa County Public Law Library has branches in a number of cities in northern California, including Martinez, Richmond, and Pittsburg. Its emphasis on providing “information and resources for recognizing and reporting elder abuse” is an aim that could easily be taken up in Southern California as well, encouraging more San Diego residents to get the information they need to help put a stop to nursing home abuse. As the article articulates, the Contra Costa County library has a “special interest in serving seniors,” and as a result it targets senior citizens in California in its outreach activities.

January 1, 2016

Improving the Image of Nursing Home Care

by Walton Law Firm

According to a recent article from U.S. News & World Report, many nursing homes in California and across the country are working hard to eradicate elder abuse and neglect, but there is still more work to be done. As the article explains, “the next generation of nursing homes is working to shed old stereotypes.” But do cases of nursing home abuse persist?

Changing the Face of Nursing Homes in California

How do most of us imagine nursing facilities when we have not visited loved ones who are residents? The article in U.S. News & World Report notes that, “for many, the image of nursing homes is one of sad, sterile institutions where elderly people are left isolated by family members who stop caring.” Generally speaking, this image of nursing homes is not accurate. We cannot necessarily tell whether a facility is taking good care of its residents—and taking important steps to prevent elder abuse and neglect—just by looking at it. As we have noted in previous posts, numerous nursing homes that have been fined for nursing home abuse or neglect have posh interiors and carry higher price tags than safer facilities.

December 25, 2015

Taking a “Team Approach” to Prevent Nursing Home Abuse

by Walton Law Firm

It no longer comes as a surprise for many Southern Californians that our elderly loved ones can be at serious risk of nursing home abuse and neglect in facilities that we once believed were safe. But recognizing that there is a problem is not enough to solve it. What can we do to prevent elder abuse in a large-scale, lasting way? A recent article in the Cornell Chronicle cited a new study in The New England Journal of Medicine, which underscored the significance of the “It Takes a Village” approach to putting a stop to elder abuse.

Profiling the Most Likely Victims of Elder Abuse

As the new study explains, we have not learned that rates of elder abuse are increasing. Instead, we have learned more about how frequently elder abuse occurs and to whom. Over the last several years, physicians and researchers have identified a certain profile of seniors who are most likely to become victims of nursing home abuse and neglect. Risk factors include but are not limited to:

December 18, 2015

Caregiver Abuse in Southern California

by Walton Law Firm

According to a recent article from NBC Los Angeles, two staff members at a caregiver facility in Rancho Cucamonga were accused of elder abuse in the cases of two residents, and investigators indicate that “there may be more victims.” When we think of caregivers and elder abuse, we typically think of scenarios that occur outside nursing home settings. However, it is important to remember that employees of nursing facilities are responsible for providing proper care to seniors. In the recent case, authorities made clear that the victims themselves were “unable to communicate,” yet police obtained evidence to support allegations of dependent adult abuse.

What else do you need to know about caregiver abuse? According to a publication from the National Center on Elder Abuse (NCEA), caregiver abuse is commonly a crime that occurs within families. By taking a close look at the publication, we can address some of the factors that may play a role in situations of caregiver abuse within and outside a senior’s home.

Caregiver Stress and its Relation to Elder Abuse

December 11, 2015

Preventing Elder Abuse During the Holidays

by Walton Law Firm

Given that the holiday season typically is a time in which families get together to celebrate, it also offers an opportunity to keep a watchful eye for signs of elder abuse and neglect. According to a publication from the National Center on Elder Abuse (NCEA), holidays often are a time in which we get the chance to visit with elderly parents or grandparents, and a surprising number of those seniors could be at risk of nursing home abuse. As the publication clarifies, about 10% of seniors suffer from elder abuse or neglect, but many of them do not get the chance to report the abuse, particularly if it is happening under the watch of a home caregiver or a nursing home assistant.

What can you do to ensure that all members of your family, including the older adults in your life, have a happy and healthy holiday season?

Ask Yourself the Right Questions When You Visit

December 4, 2015

Lawsuit Alleges State of California Illegally Transferring Nursing Home Residents

by Walton Law Firm

Federal laws exist to prevent nursing homes from removing elderly residents into hospitals, yet the California Advocates for Nursing Home Reform (CANHR) are alleging that the state of California is doing just that, according to a recent press release. The nonprofit advocacy group argues that “California nursing homes have been sending Medi-Cal residents to acute care hospitals and refusing to allow them to return to the nursing homes where they reside.”

CANHR has described the state’s actions as “patient dumping,” according to a report from Southern California Public Radio. And dumping patients is not just an issue for older adults or for those of us with elderly loved ones. If the allegations turn out to be true, they will have cost taxpayers in California more than $70 million over the last decade.

Federal Requirements and Readmission to Nursing Facilities