When older adults become victims of elder abuse in their own homes, do they have any options to escape the violence? According to a recent article in the Orange County Register, more elderly adults are reporting that they’ve been the victims of physical abuse in Southern California, and the Orange County Elder and Dependent Adult Abuse Registry received more than 9,000 such reports last year alone.16570337968_57d62c7708

Elder Abuse on the Rise in Orange County

Over the last 10 years, the Orange County Elder and Dependent Adult Abuse Registry has received a 74 percent increase in reports of abuse. Between 2013 and 2014 alone, the reported cases of abuse rose by nearly 14 percent. Of those calls, more than 75 percent involved seniors aged 65 and older. Yet experts suspect that the number is actually much higher. In other words, numerous cases simply go unreported.

Back in 2013, a number of elderly residents in a Castro Valley facility were abandoned, “left without proper staffing or care for two days,” according to a recent article in the San Jose Mercury News. Now, the owner and administrator from the facility, Valley Springs Manor, “have been charged with felony elder abuse and could face up to 17 years in prison if convicted.”

Indictment for Felony Elder Abuse

Who can be held liable for the serious allegations concerning nursing home abuse in Castro Valley? Based on an announcement from California Attorney General Kamala Harris, both the owner of Valley Springs Manor, Herminigilda Manuel, as well as a top administrator, Edgar Babael, have been indicted on 14 felony counts of elder abuse. Manuel was arrested by agents from the Department of Homeland Security at San Francisco International Airport, and a warrant has been issued for the arrest of Babel.

According to a recent report from CBS Sacramento, a California court made clear that “health officials may no longer hide from public view all the relevant details about citations issued to hospitals and nursing homes.” To be sure, the California Supreme court unanimously decided that “only the names of patients may be omitted when the California Department of Public health releases records describing the sanctions it imposed on long-term care facilities for providing improper care or endangering clients.”

Will this decision help to address issues of nursing home abuse and elder neglect across the state?

Background of the Center for Investigative Reporting Case

When most of us think about elder abuse or neglect, we tend to imagine horror stories about staff members getting into physical altercations with residents or failing to take care of patients in need. However, sexual assault can happen at nursing homes and assisted-living facilities, too. According to a recent article from the Marin Independent Journal, a female Greenbrae nursing home resident sued the facility for elder abuse after contending that she was sexually assaulted during her residency. Now, authorities with the California Department of Public Health are investigating the incident.

Nursing home abuse can take many forms, including sexual abuse. If you have concerns that your elderly loved one has been the target of elder abuse or neglect, you should seek advice from an experienced San Diego nursing home abuse lawyer.

Nursing-Home-Female-PatientDetails of the Greenbrae Sexual Assault

video_surveillance_lawsMany Californians have loved ones in nursing homes or assisted-living facilities. While we want to put our trust in these facilities and to believe that they are treating our elderly parents and relatives properly, many of us worry about the risks of nursing home abuse and neglect. According to a recent article from NBC San Diego, local families want to install cameras in patient bedrooms, “but they are facing a roadblock from the state.”

Documenting Elder Neglect in Southern California

Why wouldn’t the state want to use video cameras in patient rooms to monitor for elder abuse or neglect? According to Joe Balbas, the co-owner of Vista Gardens, “elderly patients in nursing facilities should have the option of having security cameras in their room[s].” Vista Gardens is a residential facility for patients with Alzheimer’s and other forms of dementia. Balbas believes that installing cameras in rooms—at the request of patients and their families—could help to prevent serious injuries.

euthanasia-300x175Many Californians are in favor of legislation that would permit assisted suicide in certain situations, yet some elder advocates worry that such legislation won’t have sufficient safeguards to protect against elder abuse. According to a recent article in the Modesto Bee, the Death with Dignity bill, or assisted-suicide legislation, can have “many unintended consequences” that can negatively impact elderly Californians.

Pressure to Agree to Assisted Suicide

The article in the Modesto Bee provides the viewpoint of a former hospital social worker, whose “primary concern is for individuals who might feel pressured into ending their lives.” While assisted suicide may allow individuals with terminal illnesses to end their lives on their own terms, there’s a real concern that such legislation can be dangerous when it comes to “those who might not have a strong support system; access to health care, palliative care, and hospice; or the benefit of a loving, caring family.”

Amidst news reports of elder abuse and neglect in assisted-living facilities, nursing homes, and residential care facilities for the elderly (RCFEs) across the state, the California Department of Public Health (CDPH) has been criticized for its failure to investigate. What did it fail to investigate, exactly? Elderly patients and their families argue that they reported nursing home abuse incidents to the CDPH, yet they contend that the department didn’t investigate those complaints in a timely manner and failed to properly fine the responsible facilities.

budgetcalculatorMore Funding for Elder Abuse Investigations

According to a recent press release from the California Advocates for Nursing Home Reform (CANHR), Governor Jerry Brown has proposed a budget for the coming fiscal year that would “add more than $30 million and about 260 positions for the Licensing & Certification Division of the California Department of Public Health.” Yet, the most surprising part of the new budget isn’t merely about licensing and certification. Rather, as the CANHR suggests, it’s about taking complaints about nursing home abuse investigations more seriously.

Many of us know that the state of California has been under intense scrutiny for the way it has handled nursing home abuse and neglect violations. In addition to concerns about the frequency with which the California Department of Public Health has investigated a number of complaints, victim advocates also contend that facilities across the state aren’t fined enough to prevent future elder abuse violations.

According to a recent news release from the California Advocates for Nursing Home Reform (CANHR), the Department of Public Health has cited a couple of facilities in southern California for serious violations. And, according to the report, each of the facilities received a $75,000 fine—an amount that suggests that the state is heading in the right direction.

empty-bed-in-nursing-homeResident Death at Paramount Meadows

ElderCare-1024x571When does a staffing shortage at a nursing home or assisted-living facility become grounds for an elder neglect case? According to a recent article in the San Francisco Examiner, staffing levels at skilled nursing facilities and other residences for elderly Californians “is an ever-expanding problem.” The need for support services continues to grow in the state, yet the demand doesn’t always fit the need.

To be sure, “individuals 85 years and older, the oldest of the old, are one of the fastest-growing segments of the population.” But, does California have the tools it needs to properly care for these elderly residents?

Rapidly Growing Elderly Population

Does race play a role in evaluating a loved one’s risk of nursing home abuse? According to a recent article from New America Media, Latino/a seniors may be at greater risk of elder abuse once they enter a nursing home or assisted-living facility due to cultural differences and discrimination.

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The Pew Research Hispanic Center Project emphasizes that Latinos are “the nation’s largest minority group and among its fastest growing populations.” To be sure, the Latino population made up 17 percent of the U.S. population in 2012, and it “accounted for more than half of the nation’s population growth” between 2000 and 2010. Given that California has a particularly high Latino/a population (with Los Angeles featuring the largest Hispanic population in any U.S. metropolitan area), it’s important to consider the ways in which nursing home abuse and neglect might distinctly affect these older adults.

Physical Abuse and Discrimination

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