Southern California Nursing Home Abuse Lawyer Blog

August 7, 2013

California’s “Green House” Nursing Home Care

Earlier this summer, National Public Radio (NPR) aired a news story about the “Green House Project,” urging nursing homes to “move over” since “there’s something different” in town. Over the past ten years, according to NPR, more than 140 alternative nonprofit nursing homes have been built across the U.S. in 24 different states. While most Americans dread the possibility of nursing home living, the Green House Project offers something different. And in recent months, California finally “ushered in a new era of nursing home care with the opening of the state’s first certified Green House homes at Mt. San Antonio Gardens,” according to a press release in the Green House Project Blog.

With California on board for alternative nursing home support, patients across our state could begin to see new options for residential care. If you have questions about nursing home care in California, don’t hesitate to speak to an experienced elder justice advocate today.

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What is the Green House Project?

July 31, 2013

Gay Couples Entitled to Nursing Home Visitation Rights

by Walton Law Firm

Coming in close proximity to the recent U.S. Supreme Court decision to strike down the federal Defense of Marriage Act (DOMA), the California Advocates for Nursing Home Reform (CANHR) featured an article about LGBT rights in the nursing home. According to the Washington Blade, the Department of Health and Human Services (HHS) clarified that LGBT couples will have the same guaranteed access to their partners and spouses as other married couples.

How will this affect nursing home residents in California? It will help secure LGBT rights in our state, which a number of California agencies have already been working toward.

Elderly%20Man.jpg LGBT Elder Advocacy in California

July 24, 2013

California Working to Reduce Use of Antipsychotic Meds

by Walton Law Firm

A few months ago we talked about the widespread use of antipsychotic drugs for patients with dementia. Across the United States, off-label use is a major problem in nursing homes. In case you don’t remember, “off-label use” refers to situations in which physicians prescribe drugs for patients without medical diagnoses that actually require the use of those drugs. In nursing homes, off-label use of antipsychotics is most prevalent for residents suffering from dementia.

In many cases these patients are victims of nursing home abuse and neglect. What can we do about it here in California? If you’re concerned that an elderly loved one has suffered abuse at a nursing home or assisted-living facility, the first step is to contact an experienced nursing home abuse lawyer. In fact, many nursing home abuse lawyers are licensed by the California Advocates for Nursing Home Reform (CANHR). A CANHR elder justice advocate will ensure that your elderly loved ones are protected and safe.

California Initiatives for Antipsychotic Medication Reduction

July 17, 2013

Sacramento Nursing Home Responsible for Choking Death

by Walton Law Firm

Earlier this month, the California Department of Public Health fined a Sacramento nursing home for the choking death of a patient. The nursing home received an $80,000 fine after Mary Yip, an 86-year-old patient with swallowing difficulties, “choked on a piece of meat during a lunchtime outing with staff members,” according to the Sacramento Bee.

Choking deaths are very serious violations for which many nursing facilities in our state have been fined. Just a few months ago, we told you about a San Diego care center that received a $100,000 fine from the State of California. Nursing homes in Los Angeles County and Orange County have also been fined for choking deaths. If your elderly loved one has experienced nursing home abuse or neglect, it’s important to speak to an experienced nursing home abuse attorney as soon as possible.

Details of the Serious Violation

July 10, 2013

Escondido Nursing Home to Close

by Walton Law Firm

A recent article in UT San Diego broke the news that Palomar Health will be closing its Escondido nursing home in October 2013. As a result, more than 80 residents will be displaced, and 130 staff members will face layoffs. What led to the decision? According to an official at the health system, Medi-Cal funding cuts and “coming off a difficult fiscal year” are two major factors that are forcing the facility to close its doors in just a few months.

News of this nursing home closure raises concerns about nursing facility overcrowding and affordability in the southern California area. If you have questions about nursing homes in our area or are concerned that your loved one is suffering nursing home neglect or abuse, an experienced injury attorney can discuss your claim with you today.

Nursing%20Home.jpg Palomar Continuing Care Center—Facility Details

July 3, 2013

California Court of Appeals Reverses Damages in Nursing Home Fall

by Walton Law Firm

Last month, the California Court of Appeals ordered a new trial in a Superior Court of Los Angeles County case that involved a nursing home fall. The case involved a 79-year-old resident, Samuel Nevarrez, who suffered from falls at San Marino Skilled Nursing and Wellness Centre, a facility in Pasadena. The patient passed away, and his wife became a party to the litigation. At trial, a jury awarded Nevarrez $4 million in damages in addition to attorneys’ fees. However, the Court of Appeals ordered a new trial, effectively denying Nevarrez the $4 million jury award.

The Court of Appeals made its decision based on evidence at trial that it decided was prejudicial to the nursing facility. The decision in this case could impact the compensation amount of jury verdicts for victims of nursing home abuse and neglect. If you or a loved one has been injured as the result of abuse or neglect in a nursing facility, you may be eligible for compensation.

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Photo Credit: newyorklawyer via Compfight cc

June 27, 2013

Assisted Living Facility Ordered to Close its Doors

by Walton Law Firm

State regulators in Miami, Florida ordered an assisted living facility to shut down after caregivers tied an elderly woman to her wheelchair. The Miami Herald reported that the frail woman was forced to sit on a life-threatening wound after being bound to the wheelchair. The San Martin De Porras assisted living facility will have to pay $20,000 in fines and it will have to close following an order from the state Agency for Health Care Administration.

While this facility closure occurred in Florida, it has relevance for residents of California nursing homes and assisted living facilities. The nursing home abuse in Miami may have happened across the country, but the problems in this facility could happen anywhere. If you are concerned that a loved one may be experiencing nursing home abuse or neglect, it’s important to speak to an experienced nursing home abuse attorney to discuss your options.

Details of the Assisted Living Facility Closure

June 18, 2013

$23 Million Verdict Stands in California Bed Sore Case

by Walton Law Firm

Earlier this month in Sacramento, a judge upheld a $23 million jury award in a case where an elderly woman died from bedsores, reported UT San Diego. This nursing home abuse occurred at a Northern California assisted living facility owned by the Emeritus senior living corporation. In addition to the original verdict, the judge actually added an additional $4.3 million in legal costs and fees, according to the Sacramento Bee.

This recent decision will have important implications in nursing home abuses cases in California. The high verdict sends a message to nursing homes and assisted living facilities in our state that they need to take better care of residents if they want to avoid lawsuits for nursing home abuse and neglect. If they don’t, they’ll have to pay. If you are concerned about an elderly loved in in a nursing home or assisted living facility, it’s important to speak to an elder justice advocate. Your loved one and your family may be eligible for compensation.

The Victim’s Story

June 13, 2013

Banks Play Key Role in Elder Financial Abuse Schemes

by Walton Law Firm

A recent article in The New York Times suggested that banks may play a key role when it comes to schemes intended to defraud older Americans. Is elder financial abuse a significant problem, especially when many people in the U.S. are dealing with money troubles despite their age?

Financial Elder Abuse

According to The New York Times, older Americans may be particularly susceptible. When it comes to financial fraud, elderly persons tend to be more vulnerable due to their increased financial worries and loneliness. If you are concerned that an elderly loved one has become the victim of financial abuse, you need an experienced elder justice advocate on your side.

June 5, 2013

Assisted Living Facility Reforms Fail to Pass State Legislature

by Walton Law Firm

Back in 2011, a Miami Herald investigation uncovered evidence of elder abuse and neglect in assisted living facilities across the state of Florida. Since then, politicians have been working to pass legislation to reform assisted living facilities in Florida. However, according to an article in the Miami Herald, the bill failed to pass again on the last day of the legislative session in Florida.

While this legislation (or the lack of it) would primarily affect residents in Florida, the state’s concerns about abuse and neglect in assisted living facilities are just as relevant here in California. Do you have a loved one who is currently in an assisted living facility? If you’re concerned about abuse and neglect in nursing homes or assisted living facilities in southern California, contact an experienced nursing home abuse lawyer today to discuss your case.

History of the Legislation

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