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

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Over the past few weeks, nursing home abuse and neglect in California has made local and national news. These stories beg the question: are assisted living facilities safe in California? Elder advocates might argue that reforms are in the works, but facilities across the state continue to receive fines and citations. A number of reports related to nursing home abuse and neglect have appeared in U-T San Diego in September. In response to those features, an article written by the president of the California Assisted Living Association (CALA) emphasized the “compassionate, competent care” that many elderly persons do receive in assisted living homes.

Smiling%20Old%20Man%20Credit.jpgWhile many assisted living facilities in California may be providing appropriate care and abiding by the law, many of these homes continue to expose their residents to serious cases of abuse and neglect. If you have an elderly loved one who resides in a nursing facility, it’s important to make sure that your loved one receives the best care possible. If you’re concerned about nursing home abuse or neglect, don’t hesitate to contact an experienced nursing home abuse attorney today.

Do Most Assisted Living Facilities Get it Right?

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Last week, we told you about two consumer advocates who are at the heart of the assisted living reform movement in California. Chris Murphy, 67, and Chrisy Selder, 34, began “doing what the state should be doing” by forcing hands when it comes to nursing home abuse and neglect. In other words, they’re doing their own research into the conditions at nursing facilities across the state, they’re keeping specific records about deaths in assisted living facilities and other reports of abuse, and they’re making them available to consumers. Together, the two women formed the nonprofit organization Consumer Advocates for RCFE Reform.

Chandelier.jpgAfter realizing that many incidents of abuse and neglect go unreported, or worse, unrecognized by the state as events that should incite criminal prosecution, the Murphy and Selder began contacting state prosecutors. They provided examples of the nursing home abuse they uncovered and urged prosecutors to bring charges against some of these facilities.

What led Murphy and Selder to engage in this important work in our state? As with many consumer advocates, their stories are personal ones that began close to home.

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Earlier this month, UT San Diego published a news story about a report it co-authored with the California HealthCare Foundation (CHCF). What was the story about? The dismal state of assisted living homes in California. This may not come as a surprise to some of us, given that California nursing homes earned a “C” grade in a report card published by Families for Better Care. For many of us, however, it’s shocking and disheartening to learn that so many of the assisted living facilities and nursing homes in our state aren’t passing master.

So what’s being done? On the heels of the CHCF report, UT San Diego released a story about consumer advocates in California and the work they’re doing to encourage assisted living reform in our state. Specifically, Chris Murphy, 67, of San Diego, and Chrisy Selder, 34, of La Mesa, have personally taken up the cause. According to UT San Diego, “the two women are leading a small but hard-hitting campaign to draw attention to a side of long-term care in San Diego that most people have never seen.”

Hand%20in%20Water.jpgAre you concerned about the kind of care your elderly loved one currently receives? No one should have to worry about nursing home abuse and neglect. The experienced nursing home abuse attorneys at the Walton Law Firm can answer your questions today.

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With investigative help from UT San Diego, the Center for Health Reporting of the California HealthCare Foundation (CHCF) conducted a study of nursing home deaths and nursing home abuse in San Diego County. Early this month, UT San Diego reported the shocking system failures when it comes to assisted living care in our state.

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Looking at the statistics from assisted living homes is an eye opener. Since 2008 alone, “at least 27 San Diego County seniors have died from injuries and neglect suffered in the facilities,” according to UT San Diego. These institutions are responsible for “ensuring that seniors can live in affordable, homelike settings rather than in expensive, institutional nursing facilities,” said UT San Diego.

If you have an elderly parent who currently resides in an assisted living facility or nursing home, you want to make sure that they’re receiving the best possible care. If you suspect that your loved one may be experiencing nursing home abuse and neglect, it’s never too early to contact an experienced elder justice advocate. The attorneys at the Walton Law Firm can answer your questions today.

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“I could not protect the public any longer. There was just a failure to protect the most vulnerable people in our state from abuse and neglect” said (former) investigator for the California Department of Public Health (DPH) investigator Marc Parker of his retirement from the agency that is supposed to certify and regulate California’s nursing homes.

KQED and the Center for Investigative Reporting has an excellent article out today about the failures on the part of the state to investigate and prosecute allegations of neglect and abuse in thousands of California nursing facilities.

DPH.jpgThose of us who prosecute civil cases on behalf of these victims – or, sadly, their heirs – have been experiencing this for years. We all have had cases where the DPH letter arrives saying that the complaint “could not be substantiated” despite overwhelming evidence of wrongdoing. Or the investigator finds some small (and usually irrelevant) “deficiency” when ask to investigate a clearly suspicious death. Or telling the victim’s families to be patient, but knowing full well that the likely hood of a citation against the home, even in the strong cases, was highly unlikely.

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In mid-August, Families for Better Care released its first “Nursing Home Report Card,” which is part of a “project that analyzes, compares, and ranks states’ nursing home quality.” On the California report card, our state only earned a “C” grade, coming in at 28th place in the United States. In fact, the report card stated that “rampant problems plague California nursing homes as 9 out of 10 facilities cited a deficiency.”

What is Families for Better Care? According to its website, Families for Better Care is “a nonprofit citizen advocacy group dedicated to creating public awareness of the conditions in our nation’s nursing home and other long-term care setting and developing effective solutions for improving quality of life and care.” The non-profit group is located in Florida, but its aim is to expose and improve nursing care across the country.

When Families for Better Care released the report card, California Advocates for Nursing Home Reform (CANHR) emphasized that our state only earned an “average score” on the whole, and in fact earned “D’s in registered nursing hours, deficiencies, and inspections.” What does this mean for your elderly loved ones? In short, many family members may not be receiving the care they need at a nursing home or assisted-living facility. The nursing home abuse attorneys at the Walton Law Firm have experience with these issues and can speak to you today.

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It’s not an area of care that we typically associate with nursing homes, but is your loved one getting access to sufficient dental care? Dental hygiene in nursing homes and assisted-living facilities is no small matter. Indeed, poor dental care can lead to serious health problems. When nursing centers don’t attend to patients’ dental hygiene, they could be committing nursing home abuse or nursing home neglect.

What should you look for? From dusty toothbrushes to severe headaches, a recent article in the New York Times discussed the ways in which nursing homes often neglect oral care for their residents. If you suspect that your elderly loved one is suffering from nursing home abuse or neglect, it’s important to have an advocate on your side. The experienced nursing home abuse attorneys at the Walton Law Firm can discuss your case with you today.

Dental%20Assistant.jpgLimited Dental Care Training and Attention

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Earlier this summer, we told you about a $23 million jury verdict in a bed sore case from northern California. The victim, Joan Boice, had been a resident at the Emeritus at Emerald Hills in Auburn, California before she suffered from painful bed sores and died as a result of nursing home negligence. After this case made national news, PBS Frontline and Propublica took a closer look into the story and expanded an investigation into nursing home practices across the country. The project began airing late last month on PBS, entitled “Life and Death in Assisted Living.”

Confused%20Old%20Man.jpgDetails of the Documentary Series

The documentary is made up of four parts, and it depicts the abuse and neglect that is often overlooked or covered up at various nursing facilities. The series takes a close look at the death of Boice in the Emeritus assisted living facility in northern California, and from there it moves out to other issues of nursing home abuse and neglect across the country.

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A recent survey on health and aging reported by the Los Angeles Times suggested that nearly ninety percent of older adults in the Los Angeles area are “confident they will keep up the quality of their lives as they age.” Yet, most of these elderly persons aren’t doing what they need to be doing to take care of their health and general well being, according to physicians and other medical experts. In other words, most seniors assume they willl remain healthy enough to take care of themselves or at least to stay in their own homes, but from the number of nursing home residents in need of significant care, we know that’s not always true.

Richard Birkel, the senior vice president for health at the National Council on Aging, indicated that many elderly persons are currently dealing with chronic conditions like diabetes or arthritis, and a majority of them aren’t taking the necessary steps for healthy futures. Moreover, many seniors who currently reside in nursing home or assisted-living facilities suffer from chronic conditions for which they often receive only limited care from staff. If your elderly loved one may not be receiving the attention that she needs, an experienced elder justice advocate can help.

Concerned%20Old%20Lady.jpgOlder Adults Don’t Anticipate Nursing Care

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