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

by

Do you have an elderly parent or loved one who has survived cardiac arrest in a nursing home or assisted-living facility? A recent post in the New York Times blog “The New Old Age” suggested that recent medical studies show encouraging results for patient survival after experiencing a heart attack or other medical situation requiring resuscitation. This new study may have implications for certain patients’ medical decisions and advanced health care directives in nursing homes and assisted-living facilities.

In many cases, elderly patients have already made “do not resuscitate” (DNR) decisions, indicating that, in the case of cardiac arrest, the patient does not want to receive cardiopulmonary resuscitation. Depending on the type of “code blue” that the patient experiences, resuscitation can involve either an electric shock to the heart with a defibrillator, or a medication that’s intended to restore circulation. While cardiac arrest in a medical facility is “more often than not a killer,” you have a greater chance of living through the incident than in years past, and some doctors suggest that this may be a good reason to re-think a DNR decision in your advanced health care directive.

Study Shows Better Odds for Resuscitation Patients

Continue reading

by

Do you have an elderly parent or loved one in a Southern California nursing home? A recent study of nursing facilities within our state found that in 20 out of 22 facilities tested, the drug-resistant and often deadly skin infection “MRSA was present. San Diego’s local ABC 10 News referred to it as a “superbug,” and warned that it is “rampant in nursing homes.” MRSA can be scary—it moves quickly, it’s highly contagious, and it can seriously affect elderly residents.

Until recently, researchers tended to focus on the spread of MRSA in hospitals, often neglecting to track the infection in nursing-home settings.

What is MRSA and what does its presence mean for nursing homes in California? Keep reading to learn more about this infection that is resistant to many “common antibiotics” used in nursing facilities.

Continue reading

by

Are you concerned that a loved one may be experiencing nursing home abuse or neglect? Recently, New Yorker Diana Valentin suspected that her grandmother’s care in a Bronx nursing home might have been substandard after noticing physical injuries to her grandmother’s arms. Valentin’s grandmother raised her, and she wanted to ensure that her grandmother was receiving quality care. In order to find out whether her suspicions were accurate, she installed a hidden camera in the elderly woman’s room. According to a report from the Nursing Home Abuse Center, the “results were devastating.”

While this case occurred in New York, the San Francisco Chronicle ran a detailed article about this particular instance of abuse, alerting us to the possibility of similar harm in California nursing homes.

What Led to Suspicion of Abuse?

Continue reading

by

A Northern Kentucky nursing home just reached an agreement with the U.S. Attorney’s office to pay a substantial settlement for false Medicare and Medicaid claims filed over the past decade. While this case concerns a nursing facility in Kentucky, it may have a significant impact on nationwide lawsuits under the False Claims Act (FCA) and nursing home issues in California.

According to a local ABC News article, the settlement requires that the owners of the health care facility pay the U.S. Government $350,000 in damages and that they retain an independent compliance consultant to ensure that these crimes are not repeated in the future. Lexington’s local news station, WTVQ, reported that this case represents the first lawsuit in Kentucky accusing a nursing home of violating the FCA by defrauding Medicaid and Medicare.

What is the False Claims Act and How Does it Relate to Nursing Home Abuse?

Continue reading

by

For quite some time, elder-care advocates have encouraged federal legislation that would require certain long-term care measures for older adults. However, a recent article in the New York Times referred to this legislation—the Community Living Assistance Services and Supports (CLASS) Act—as a victim of the recent fiscal cliff deal in Congress. In short, the CLASS Act was repealed. What does this mean for nursing home and other residential care programs? Very likely, long-term care will remain available only through private long-term-care insurance in the near future. Are you considering long-term care insurance? Or do you have a loved one who may require nursing home or other residential care? You’ll want to have a clear idea of what the end of the CLASS Act means for you and your loved ones. 450px-Walker_extended.JPG

History of the CLASS Act

The CLASS Act was originally conceived by Senator Edward Kennedy in the mid-1990s. Elder Law Answers explains that Kennedy’s proposed long-term care plan would allow employees to pay a small premium, approximately $65 per month, which is much lower than the average cost of a private long-term care insurance plan. For participants who had contributed for at least five years and worked for at least three of those years, they would become eligible for benefits of at least $50 per day.

Continue reading

by

If you have a loved one in a nursing home who has been diagnosed with dementia, you may want to read closely. A recent article in The Tennessean reported that antipsychotic drugs are being overused in nursing homes and assisted-living facilities, particularly for patients who have been diagnosed with dementia. While we don’t immediately think about medication practices when considering nursing home abuse, widespread antipsychotic drug use in certain nursing home patients is startling.

How Widespread is ‘Off-Label’ Use?

State statistics vary for nursing home use of antipsychotics. In Tennessee, nearly 30 percent of current long-term nursing home residents receiving care are treated with antipsychotic medications, while the national average is still a large 23.8 percent. The Hartford Courant recently reported that a local Connecticut nursing home was found prescribing antipsychotic drugs to two-thirds of its long-term residents without medical diagnoses that would require the use of these medications. This is called “off-label” use, and some health officials worry that dementia patients are being treated with antipsychotics to control their erratic behavior “instead of treating their dementia symptoms through non-pharmacologic therapy.”

Continue reading

by

Woman%27s_hands.jpg

A recent U.S. News & World Report article noted a post-holiday increase in elder care inquiries. During the holiday season, visits with families and loved ones can leave us with “the realization that an aging relative is losing the ability to live independently.” A family expert with the AARP noted that the spike in these inquiries often begins in January and can extend into the following winter months. In fact, seniorhomes.com, a website providing resources for senior living in your area, reported a 58% jump in elder care inquiries just after the holidays came to a close.

Although an assisted-living facility or nursing home may not always be the immediate solution to the problems that your loved one faces, you want to make sure you’re doing your due diligence. Oftentimes family members don’t know their options, and they are quick to assume that an elderly loved one in need of some assistance has no choice but to move out of their home and into a residential facility, such as an assisted-living facility or nursing home. If the post-holiday season has left you wondering if your elderly parent may need additional care, there are some important “Dos” and “Don’ts” to follow.

Familiarize Yourself with Local Elder Services

Continue reading

by

abuse.jpg

For the past several years, there has been significant discussion about the consequences of changing American demographics. More specifically, the American population is aging at a very steady rate. As the Baby Boomer generation reaches retirement age, the percentage of the population over 65 steadily rises. In fact, according to some estimates, the fastest growing segment of the population are those over 65 years old. The U.S. Census Bureau estimates that in the next fifteen years, the percentage of the population that is over retirement age will double from where it now stands. It is hard to underestimate the long-term consequences of this demographic shift.

For example, the aging of the population has significant effects on senior care. More and more community members need close care, and there are concerns about the availability of caregivers. There are only a limited number of nursing home and assisted-living facilities. Even still, many seniors would rather not move into those spaces where possible, and so there has been a surge in seniors who move in with family members or close friends.

Sadly, as outlined in a recent CBS 8 story, the growing need for senior care has been followed by a rise in complaints about elder abuse–perpetrated both at skilled nursing facilities and in at-home care settings. One way the increase has been noted is by the rise in elder abuse shelters.

Continue reading

by

The Marin Independent Journal reported in a recent article that Marin county health officials are administering free flu shots to nursing home employees. The article indicates that this action is in response to the results of a recent health survey indicating that vaccination rates for the residents of nursing facilities is high, but the employee vaccination rates are quite low.

This report should probably evoke a head scratch or two because of the simplicity of the study and solution. It makes no sense why the employees are not getting flu shots. Nursing home employees handle the residents’ food, medication, linens, utensils, garments, etc. The employees are in constant contact with the residents and their possessions; therefore, germs are almost certain to spread. It is surprising that it took a study to conclude that vaccinations need to be freely given to, if not required of, nursing home employees.

Public Health Officer, Dr. Matt Willis, stated that, “The elderly are our most vulnerable population when it comes to complications from influenza.” Elderly people often have weakened immune systems, so a case of the flu is potentially deadly.

Continue reading

by

Assembly Bill 40 is a California law that took effect January 1, 2013. The bill is intended to expand reporting requirements related to elder abuse.

The Napa Valley Register reported in an article that the Napa County Health and Human Services department investigated 370 abuse and neglect cases in 2012. 295 of those involved seniors and the rest involved disabled adults. Reports of theft and embezzlement from the elderly have significantly increased over the last couple of years.

In light of this new bill, it is important to look at the increase in reported instances of abuse and neglect in different ways. A simplistic view of this increase indicates that elder abuse and neglect is on the rise. Whatever measures have been put in place to combat abuse over the last couple of years have failed.

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