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

by

A recent article investigating nursing home abuse and neglect claims in New York could have significant implications in southern California. According to the Post Star, nursing home understaffing looks to be a major cause in nursing home neglect cases, along with medical training deficiencies and state inspection errors. hosptial.jpg

Local Felony Charges Due to Understaffing?

Last summer, Tiffany Vanalen, a licensed practical nurse with more than 10 years of experience, was arrested on felony neglect charges. The Post Star reported that she hadn’t intended to harm anyone at the Pleasant Valley nursing home where she had been employed, yet a state investigation showed that Vanalen failed to give required medications to five residents at the nursing facility, and then she proceeded to falsify documents to make it look like she had, in fact, given the medications.

Continue reading

by

Many older adults who experience depression may see their risks for developing Alzheimer’s and dementia increase, according to a recent article in the New York Times. This is a serious issue for patients in nursing homes and other elder care facilities. While elder abuse and neglect can take many forms, the failure to provide for a patient’s mental needs, such as depression, may constitute neglect.

Statistics on Depression and Alzheimer’s Disease

The New York Times article reported that current research suggests that “late-life depression” has not only led to increased risks for “social isolation, poorer health, and an increased risk of death,” but it also may lead to Alzheimer’s disease and other forms of vascular dementia. With an increasingly large population of older adults, these facts are concerning.

Continue reading

by

A recent article in the New York Times discussed certain dangers that can await Parkinson’s patients when they’re admitted to hospitals. These patients require specific medications at certain times, and general hospital staff members aren’t educated about the needs that these patients have. As a result, Parkinson’s patients can be the victims of serious medication errors, and they can undergo severe side effects from seemingly routine hospital visits. abuse.jpg

If an elderly parent or loved one has been mistreated while in the hospital, an experienced elder justice advocate can discuss the details of your case with you today.

Dangerous Consequences of Medication Errors

Continue reading

by

A West Virginia jury awarded $90.5 million in damages to a family who alleged nursing home abuse and neglect back in 2010. The nursing home has taken the case to the West Virginia Supreme Court once already, according to an article in West Virginia’s State Journal. And this time, they’re arguing that the state’s Medical Professional Liability Act (MPLA) should require the court to apportion damages in their favor.

This case could have important implications for nursing home abuse damages in California. While the West Virginia Supreme Court’s ruling won’t bind California courts, it may set the tone for the ways in which damages are approached and apportioned in nursing home abuse cases.

Details of the Nursing Home Neglect

Continue reading

by

A recent study in JAMA Internal Medicine confirmed that abused and neglected elderly persons face much higher risks for hospitalization, and not necessarily for injuries suffered as a result of their mistreatment. According to Dr. Theresa Soriano, an associate professor of medicine in geriatrics and palliative care in the Icahn School of Medicine at Mount Sinai, “It is understandable how a vulnerable older person experiencing abuse may fail to prioritize the prevention or care of their health conditions.”

Hospitalization rates especially tend to increase when elderly persons rely upon an abusive family member as a caregiver. They can miss medical appointments, adhere poorly to required diets and medication schedules, and they can experience increased stress and anxiety. As a result, all of these things can contribute to “poor control of any medical conditions and increased hospitalizations,” according to an article in Health magazine.

Details of the Study

Continue reading

by

Just last week, a South Dakota court granted a nursing home abuse defendant access to the victim’s medical records, according to a news release from the Nursing Home Abuse Center. Heather Lynn Laird, a 36-year-old former employee of the Dell Rapids Nursing and Rehab Center, was indicted last December for felony abuse and neglect of an elderly person. Now, Laird and her attorney have the right to view the victim’s medical records. Laird and her attorney hope that these medical records will prove relevant in the defense.

In January, Laird pled not guilty to the charges against her. Yet her record as a licensed practical nurse (LPN) suggests that this isn’t the first complaint.

Defendant’s History as an LPN Caregiver

Continue reading

by

Last month, a California nursing home abuse case was delayed when the defendant requested extra time to weigh her options for a plea deal. The California Attorney General charged Sylvia Cata with involuntary manslaughter for the death of a dementia resident in her care. Do you have a loved one in a nursing home or a private care facility? This case raises questions about the level of oversight from the California Department of Social Services (CDSS).

History of the Case

Cata operated “Super Home Care” out of her own home since the mid-1990s. According to an article in the Sacramento Bee, Cata’s home was located on “a dead-end street in Sacramento’s Gardenland neighborhood, a residential enclave flanked by tire shops, lube and oil joints, and a check-cashing store on the corner.” This description doesn’t sound like an ideal site for an elder-care facility, and the CDSS suspected as much.

Continue reading

by

Do you have a loved one who is suffering from Alzheimer’s or another form of dementia? According to a recent article in the New York Times, dementia care costs are projected to double by the year 2040. This story comes just a few days after a new report in The New England Journal of Medicine that measured the monetary costs of dementia in America.

What do these new figures mean for nursing home costs and long-term care facilities in the San Diego area? While experts can’t make definitive predictions, many researchers fear that “it’s going to swamp the system,” creating more elderly persons in need of care than there are available caregivers and facilities.

How the Study was Conducted

Continue reading

by

The California Department of Public Health (CDPH) cited the San Diego care facility Villa Rancho Bernardo Care Center (Center) for inadequate elder care, which resulted in the death of one of its residents. According to a story from NBC San Diego, the Center received the most severe penalty under state law, a “AA” citation that is accompanied by a $100,000 fine from the State of California. This isn’t the first time the Center has been cited by the CDPH. In fact, a previous citation occurred only a few years ago. Is this care center safe for patients?

What Led to the Recent Citation?

The Center had specific physician’s orders for a 61-year-old dementia patient’s diet. The patient had been admitted to the facility with a diagnosis of dementia, and his physician’s orders later stated that he had cognitive/behavior impairment (or decreased mental status).

Continue reading

by

We often hear stories about elder abuse in nursing homes, but there are other places where seniors face threats of abuse. Perhaps we don’t like to think about older adults being abused by their caregivers, but according to a recent report in US News, nearly 10 percent of adults over the age of 60 experience some kind of abuse, and “it’s often perpetrated by a victim’s own offspring.”

In the past few years, certain nursing homes have been taking action to help these elder adults to find a safe place for shelter, medication, and care.

What Kinds of Abuse Occur in the Home?

Continue reading
Justia Lawyer Rating
Super Lawyers
BBB Rating A+
Avvo Rating 10.0
Elder Justice Advocates
Consumer Attorneys California
AV Preeminent badge
Contact Information
North County Office
950 Boardwalk
#304
San Marcos, CA 92078
Toll Free: 866.607.1325 Local: 760.571.5500 Fax: 760.571.5501
San Diego Office
2169 1st Ave
San Diego, CA 92101
Toll Free: 866.607.1325

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2025, Walton Law Firm
JUSTIA Law Firm Blog Design