Southern California Nursing Home Abuse Lawyer Blog

June 23, 2015

Learning About Elder Abuse Awareness Day

Every year on June 15th, the National Center on Elder Abuse (NCEA) and the Administration on Aging (AoA) provide awareness resources and prevention information for World Elder Abuse Awareness Day (WEAAD). According to a press release from the AoA, WEAAD was established in 2006 by several different global organizations that partnered to help stop elder abuse across the world.

Elder Abuse and Neglect Occurs Across the Globe

In conjunction with the International Network for the Prevention of Elder Abuse and the World Health Organization at the United Nations, the NCEA and AoA hope to “provide an opportunity for communities around the world to promote a better understanding of abuse and neglect of older persons.” What kind of tools are necessary to help global citizens understand elder abuse and neglect? While age is a primary risk factor for sustaining injuries resulting from elder abuse, nursing home abuse and neglect isn’t limited to just one socioeconomic or ethnic group.

June 16, 2015

Fatal Morphine Dose at Sacramento Nursing Home

by Walton Law Firm

According to a recent article in the Courthouse News Service, a California senior’s family filed an elder abuse lawsuit against “the nation’s largest nursing home chain” after the patient was accidentally given a fatal dose of morphine. The victim, Jonathan Bell, had been a dialysis patient at American River Center in Sacramento when his nurse mistakenly administered the morphine. Bell’s family has alleged that the nursing home “refused to let an ambulance take the catatonic man to a hospital” after the medical mistake occurred. Bell died the following day.

Nursing Home Concerned About Sanctions

Why wouldn’t staff members at American River Center allow an ambulance to take Bell to the hospital for care? His daughters argue that “the nursing home feared sanctions for giving him the wrong treatment and tried to cover up its mistake by letting Bell remain in a catatonic state for more than 24 hours without medical attention.” Indeed, according to the family’s lawyer, “they tried to bury their mistake and buried his life.”

June 11, 2015

Paramedics and Elder Abuse Reporting

by Walton Law Firm

When emergency medical responders receive a call to a nursing home or assisted-living facility, they may be in the best position to identify signs and symptoms of elder abuse. According to a recent article from ABC 7 KRCR News, “paramedics and first responders are sometimes the first to notice something is wrong.” As such, they can help to ensure that victims of nursing home abuse can receive they help they need.

Training Paramedics to Look for Signs of Neglect

A recently reported case of elder abuse in Redding has led to an increased emphasis on paramedics and their unique position to identify signs of elder neglect. To be sure, according to Mark Belden, an operations manager for American Medical Response, when paramedics enter the home of an elderly adult, they’re “trained to look for signs of neglect.” Under California law, paramedics must report suspicions of elder abuse or neglect, but it’s important that these first responders have the necessary training to know what they’re seeing.

June 5, 2015

Nursing Homes in Santa Cruz County Agree to Settlement

by Walton Law Firm

Back in September, we discussed a federal lawsuit concerning nursing home abuse in Watsonville. According to a recent article in the San Jose Mercury News, the leaders of those two Watsonville nursing homes involved in the suit have agreed to a $3.8 million settlement. The lawsuit alleged that the owners “provided ‘substandard or worthless services,’ overly medicated residents, and submitted false Medicare and Medicaid claims.”

Background of the $3.8 Million Nursing Home Abuse Settlement

Filed eight months ago, the lawsuit alleged gross misconduct related to elder abuse and neglect. Now, almost a year later, the leaders of those Watsonville nursing homes have agreed to settle the case. The facilities include Country Villa Watsonville East (now renamed as Watsonville Nursing Center), and Country Villa Watsonville West Nursing and Rehabilitation Center (now renamed as Watsonville Post-Acute Center). Other named parties included the CF Watsonville East, LLC, CF Watsonville West, LLC, and the entities overseeing the finances and nursing home management of the facilities.

May 28, 2015

Debate Over Psych Meds in Nursing Homes

by Walton Law Firm

How dangerous are psychiatric medications when they’re prescribed for dementia patients in nursing homes? According to a recent article in Modern Healthcare, the benefits of the long-term use of psych meds when they’re prescribed for the disorders for which they’re designed—would “need to be colossal to counter known harms associated with their use.” And while the off-label use of antipsychotics to treat dementia symptoms appears to have declined, it remains a significant problem in Southern California and throughout the country.

Stopping Use of Psychotropic Drugs

Researchers across the globe are speaking out about the dangers of antipsychotic drugs. To be sure, a debate about their efficacy and long-term effects recently sprung up on the website for the journal of the British Medical Association. According to Dr. Peter Gøtzsche, who serves as the director of the Nordic Cochrane Center, the lack of benefit from these medications, particularly when they’re used in an off-label manner, means that “we could stop almost all psychotropic drugs without causing harm.” For even when they’re used to provide short-term relief, he emphasized, they pose serious long-term harms.

May 21, 2015

Nursing Home Inspection Reorganization

by Walton Law Firm

Given the sheer number of nursing home abuse complaints that have created a backlog in Southern California, it sounds like good news that state officials are hoping to change nursing home inspection and oversight duties. Indeed, according to a recent article in the Los Angeles Times, officials in Los Angeles County are changing the way they handle nursing home neglect complaints “as part of a drive to better manage a backlog of investigations.”

However, the reorganization may not be sufficient to yield a significant change. To be sure, “some patient advocates say the proposed changes aren’t likely to significantly improve conditions, and could make matters worse.”

Investigation Practices in Los Angeles County

May 14, 2015

Elder Abuse or Medical Malpractice?

by Walton Law Firm

When you learn that an elderly loved one has died while in the care of a nursing home or assisted-living facility, you may suspect that she didn’t receive the proper treatment. In some cases, however, it’s difficult to discern whether an older adult suffered injuries as a result of medical negligence or because of elder abuse.

In California, nursing home abuse and neglect is a serious problem throughout the state. At the same time, medical malpractice can occur in a variety of healthcare settings, including nursing homes. According to a recent article in the National Law Journal, differentiating medical negligence and elder abuse cases can be complicated in California.

Characterizing a Healthcare Provider’s Actions

May 5, 2015

Proposed Legislation for RCFE Reform and Excluded Persons Lists

by Walton Law Firm

In California, elder abuse isn’t limited to nursing homes. To be sure, residential care facilities for the elderly (RCFEs), which are also known as assisted-living facilities, retirement homes, and board and care homes, have been cited for numerous instances of elder abuse and neglect. And given that RCFEs only provide incidental medical services, these facilities aren’t subject to the same regulations as nursing homes. Which ones are safest for your elderly loved one? And which facilities haven’t been implicated in recent nursing home abuse allegations? Proposed legislation seeks to help Californians with these important questions.

New Bill Aims to Provide Access to Elder Abuse Information

Many RCFEs exist throughout the state of California. According to the California Department of Social Services, they offer services ranging from personal supervision and assistance with activities of daily living to medical services that are incidental to personal care. How can consumers know which of these facilities will provide the best care to their elderly loved ones?

May 1, 2015

Senate Committee Approves Unscrupulous Elder Care Referral Agencies Bill

by Walton Law Firm

Did you search for a nursing home or assisted-living facility in California through an elder care referral agency? In some cases, unfortunately, older adults end up in facilities that have financial arrangements with these referral agencies, and those elderly residents become the victims of nursing home abuse or neglect. Now, according to a recent article in California Newswire, Senate Bill 648 aims to provide greater protection to seniors who seek referrals through these agencies.

Proposed Legislation to Protect Seniors from Bad Business Practices

How will Senate Bill 648 help elderly Californians and their families when it comes time to select a nursing home or assisted-living facility? In short, if the proposed legislation passes, it will strengthen the licensing and financial disclosure requirements for elder care referral agencies. The bill, according to the article, is on its way to the Senate Judiciary Committee.

April 22, 2015

Rising Costs of Elder Care in California Prompt Additional Scrutiny

by Walton Law Firm

Given that reports concerning nursing home abuse and neglect have made clear that such crimes simply don’t discriminate based on the cost of a facility, should Californians be concerned about the link between the rising costs of long-term care and the risks of elder abuse?

In short, it’s possible that, due to the rising costs of this type of care, facilities could try to cut back on budgets in certain areas in order to attract elderly residents and their families. But could this type of attention to pricing lead to inadequate staffing, for instance?

Need for Vigilance at Long-Term Care Facilities

“From our first phone conversation, Mr. Walton provided a sincere interest in our case. My mother had suffered both abuse and neglect while in the care of a nursing facility, ultimately resulting in her death. My family and I would highly recommend Randy Walton.★★★★★- Judy S., San Diego -

"Walton Law Firm was amazing. Very professional, but personal. Having a lawyer to make sure that everything is taken care of removed so much stress."★★★★★- Wayne G., Encinitas -

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"Calling Randy was the best decision I could have made. He got me an excellent settlement that covered all my medical bills and put a sizable chunk of money in my pocket."★★★★★- Erik S., San Marcos -

"Truly as good as it gets, if not beyond great, for Randy Walton and his paralegal Sarah Earnest. He and she are both incredibly dedicated to what they do and I never felt I couldn't trust him."★★★★★- Natalie T., Lake Elsinore -

"Randy is a great lawyer and a better person. He went above and beyond the call of duty to reach a settlement in my case. He believed in my case when no one else did."★★★★★- David C., San Diego -