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

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A news report in The Star-Ledger again highlights the danger of abuse against elders suffering from Alzheimer’s disease or dementia. Two residents at an assisted living home in New Jersey filed a lawsuit last week based on injuries they sustained in 2010 due to suspected abuse. Though only two residents filed suit, a total of four residents were taken to local hospitals around the same time period because of alleged abuse. The two victims were Henry Glowacki, 92, and Robert Prochazka, 89. Both men alleged facility staff repeatedly and extensively beat them, and photos of the men depict old and fresh bruises across the men’s torsos, arms, and stomachs.

After the local prosecutor’s office conducted a criminal investigation (no criminal charges have been filed), the families of the victims contacted an elder abuse attorney and filed a civil suit. In December 2010, just a few days before Christmas, local police were called to the assisted living facility after the director of operations told authorities four residents appeared to have been badly abused. According to police, the two men directly responsible for the victims’ care were placed on administrative leave.

A care manager first discovered the bruising and alleged abuse five days prior to police involvement. While cleaning the older of the two men, Mr. Glowacki, the care manager noted that the elderly man refused to sit down because he was in too much pain due to injuries on his buttocks. Although the care manager documented the bruises, the assisted living facility failed to investigate the report. The state Department of Health and Senior Services later cited the home for this violation. The other victim, Mr. Prochazka, also suffered from extensive bruising and sustained fractures to his ribs and one of his fingers.

wheelchairs%20%28Daquella%20amnera%29.jpgThe two victims are still living at the facility where they suffered the abuse. According to the article, the families felt their fathers would be safer there because state officials are closely watching the home. At a new assisted living facility, they worried, abuse might occur again.

Unfortunately, at many facilities where abuse occurs, prior abuse has been reported. That is why our San Diego County nursing home abuse lawyers recommend thoroughly researching a home before admitting a loved one. More importantly, it is crucial to visit various facilities to compare them, meet the staff and administrators, and assess their safety and cleanliness.

For example, the company that runs the facility where Mr. Glowacki and Mr. Prochazka were abused has been accused of wrongdoing in the past. A facility in another state had its license revoked (later reinstated) when a hidden camera showed employees taunting and assaulting a woman suffering from dementia. The company has also been investigated for financial reporting fraud, but settled that suit in 2010.

Sadly, elder abuse occurs all too often. Our experienced San Diego and San Bernardino negligence lawyers have handled numerous cases against nursing homes and assisted living facilities involving elder abuse and neglect. If you are concerned about a loved one, please consult us for a free and confidential consultation today.

See Our Related Blog Posts:

Family of Deceased Man Files “Quality of Care” Suit Against Retirement Facility

Nurse Arrested for Stealing Elderly Patient’s Medication

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A nurse has pled guilty to drugging her Alzheimer’s patients for no apparent reason other than to keep them quiet during her work shifts, reports The Herald Sun. Sadly, the nurse’s illegal, unethical, and unprofessional behavior led to one elderly patient’s tragic death. The elderly woman, Rachel Holliday, 84, died of pneumonia brought about by morphine toxicity. Six other patients also were hospitalized due to the nurse’s wrongful actions.

The nurse, Angela Almore, plead guilty to involuntary manslaughter and six counts of patient abuse. Though she sobbed throughout the hearing, she did not speak specifically about her crimes or apologize for her actions. Almore, who is a registered nurse, was working in the Alzheimer’s unit on February 13 and 14, 2010. According to the district attorney’s office, she made statements indicating she did not want to see her patients on those nights and that she had given them something to “relax.” She even bragged “‘she [had] knocked all their asses out.’”

In fact, the nurse had drugged her patients with strong opiates. All 14 patients in the unit tested positive for opiates, but only 1 of them had been prescribed morphine. One elderly woman, Rachel Holliday, went into acute respiratory distress on the night of February 14th. She, too, tested positive for opiates, though she had never been prescribed the drug. Several other patients in the Alzheimer’s unit exhibited signs of respiratory problems and lethargy. All of them tested positive for opiates; none of them had prescriptions for the powerful drugs. Ms. Holliday and her fellow residents were rushed to the hospital, but for Ms. Holliday, it was too late. She died from complications created by the un-prescribed morphine.

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The San Diego Sheriff’s Department has issued warnings to elderly residents about two recent telephone scams that may be targeting seniors, reports the San Diego Union-Times. Those of us working in San Diego elder abuse law know that financial abusers frequently seek out seniors. According to the California Department of Finance, our state has nearly 4 million residents over the age of 65, the biggest senior population in the country. The Department expects that California’s senior population will double in the next 20 years, likely due to the high number of aging baby boomers. As the state’s senior population grows, our San Diego County elder abuse attorneys realize more and more unscrupulous financial predators may step up their efforts to defraud elderly residents. justice.jpg

Common Scams

The first scam was discovered when a suspect allegedly called the Sheriff’s Department himself, apparently tipping the police off. The suspect asked deputies to check on a woman he claimed was a relative living in San Diego County. When deputies visited the woman’s home, she told police she did not know the caller claiming to be her relative. She also reported to police that she has been a victim of financial abuse previously. A scammer had conned her into wiring money by pretending to be a relative who was overseas and in trouble—a common scheme used to target elders that we discussed in a prior post. San Diego police believe someone working with the scammer made the strange call to the precinct, perhaps as a way to re-contact the woman.

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Cutting costs was the state’s goal in eliminating the Adult Day Health Care (ADHC) system last year. That goal does not appear to have been met, according to a recent article in California Healthline. Instead the program that stemmed from a lawsuit challenging California’s proposal to eliminate the ADHC program, the Community-Based Adult Services program, will cost nearly as much as the old program, yet will provide services to fewer Californians. money%20trouble.jpg

In the 1970s, California created the ADHC system to provide health and social services to the elderly and disabled. The system was a response, at least in part, to the many horrific stories of California nursing home abuse and neglect. In the face of public outcry and outrage, elimination of ADHC due to budgetary limitations quickly gave way to a scheme to restructure the program.

The restructured program, however, will cost almost as much as ADHC, but will provide services to only 80% of previous ADHC beneficiaries (previously ADHC served approximately 55,000 seniors and disabled persons annually). The original budget for ADHC was $170 million. The current budget for the replacement program, Community-Based Adult Services (CBAS), is $155 million, according to Lydia Missaelides, executive director of the California Association of Adult Day Services. But those numbers do not even take into consideration the costs of the legal and legislative battles over the programs or the amount of time, money, and effort it will take to get CBAS up and running. Thus, by some accounts, the revamping of ADHC has been, in large part, a failure.

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A Pasadena assisted living facility recently suffered a tragedy when a resident allegedly assaulted and killed a fellow resident. The 61-year-old victim was found dead several weeks ago under suspicious circumstances, according to the Pasadena Star-News.

Unfortunately, as our Los Angeles elder abuse lawyers know, resident-on-resident abuse is not uncommon. Bullying, physical or sexual abuse, or any other form of peer-on-peer abuse should not be tolerated. Yet peer-on-peer abuse is a growing problem in custodial settings that needs be prevented with proper care planning, appropriate staff training, and adequate staffing.

The alleged aggressor at the Pasadena assisted living facility was 38-year-old Paul Lopez. Mr. Lopez was a resident at the facility for the mentally ill. He was arrested and booked on suspected homicide of a fellow resident, George Schatford, at the Pasadena Residential Care Center. According to reports, Mr. Lopez confessed to police officers present at the scene who were conducting an investigation of the elderly man’s death. Pasadena police Lt. Phlunte Riddle stated that Mr. Lopez claimed to have murdered the elderly man. Further investigation indicated that his statement was credible. Although it is not entirely clear how Mr. Schatford died—and it will not be apparent until the coroner provides his report—Lt. Riddle did note that the victim had marks around his neck. Therefore, the senior may have been strangled.

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Self-neglect often can be a sign of San Diego elder abuse or neglect. Self-neglect typically occurs when adults cannot or do not take care of themselves properly, according to a recent article in the San Diego Union-Tribune, but it also may indicate a caretaker’s negligence. Generally unsanitary conditions of residents or of a California nursing home or assisted living facility should not be tolerated. Under California law, all nursing home residents are entitled to a safe, clean, and comfortable home-like environment, and friends and family members of elderly residents should make sure facilities are keeping up their hygienic standards.

Sometimes it can be difficult to believe that an elderly loved one is not taking care of himself or herself. Signs of self-neglect may include not eating or drinking, failing to buy food, missing doses of medication or taking too much, not going to the doctor, and refusing or forgetting to bath or dress. Self-neglect can put vulnerable seniors at risk of serious injury or illness, including hospitalization. According to the San Diego Union-Tribune, research shows that the risk of self-neglect increases when an older individual has cognitive impairments or mental health problems, chronic health problems, uses alcohol, lives alone, or has fewer perceived or actual financial or social resources. elder%20hands%20x%202.jpg

Our San Diego elder abuse attorneys know some of these examples also can be signs of depression, which can occur when an elder is being neglected or abused by a caretaker. It is crucial for family members to be on the lookout for these signs and to visit nursing facilities prior to admitting seniors, as well as to make regular visits once a loved one is residing at a facility. Remember, you have the right to ask staff members questions about a facility’s policies or cleanliness and to voice any concerns.

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The debate about the use of strong antipsychotic drugs to chemically restrain elderly patients, particularly those who suffer from Alzheimer’s and dementia, continues, and advocates opposing the overuse of medications to subdue seniors have a powerful new ally, the AARP. The phrase “chemical restraint” refers to the practice of unnecessarily drugging patients to restrict their freedom of movement or to sedate them. Our San Diego nursing home abuse lawyers have spoken with many families concerned with the care their loved ones are receiving, so we understand the justifiable outrage of family members who learn that loved ones may have been drugged not for medical reasons, but as a control mechanism.

Elderly patients suffering from Alzheimer’s disease and dementia tend to be targets of chemical restraints because they frequently exhibit a variety of behavioral problems. Although valid reasons to treat patients with antipsychotic drugs exist, negligent caretakers sometimes take the easy way out, reducing their patients to a virtual zombie-like state with non-medically necessary drugs to control and subdue them. pills.jpg

But elder advocates are taking a stand against such abuse, reports the Ventura County Star. The AARP has joined forces with others suing a Ventura nursing home accused of using powerful drugs without the informed consent of residents or family members. The class-action lawsuit alleges the nursing facility circumvented California laws regulating the use of antipsychotic drugs. North County elder abuse attorneys know state law requires California nursing homes to verify that a doctor has received a patient’s or family member’s consent before administering antipsychotic drugs, but the lawsuit asserts the nursing home failed to do so.

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elder%20%20fade.jpgA California health care facility has undertaken a controversial move, reports San Diego 10 News. The Vista Gardens facility, a home for Alzheimer’s and dementia patients, recently installed surveillance cameras in patient rooms. The home claims the cameras are meant to protect patients specifically suffering from memory loss. Our San Diego elder abuse lawyers know many families worry about the safety of their loved ones living in long-term residential facilities. The home’s $200,000 worth of surveillance cameras protect “those who can’t report for themselves and need monitoring or safety measures,” stated Dr. Jacqueline Dupont of Vista Gardens.

Vista Gardens is a posh facility that includes a number of amenities such as a sports bar, spa, and putting green. It is family owned and operated. Owner Don Crowell explained that the cameras, which currently are not operational, serve a two-pronged function because they protect both the residents and the caregivers. “‘Two different things can happen,’ said Crowell. ‘Somebody has been abused or somebody may think they’ve been abused and they haven’t.’”

Under California law, cameras can be used to monitor residents in common areas such as hallways or dining facilities. For the moment, the cameras installed in patient bedrooms must remain off, according to the California Department of Social Services. One elder advocate stated the cameras in patient rooms are designed to be used as a “look back,” and are appropriate if used in that way. This means the cameras would be rolling, but no one would monitor them in real time. The film would only be reviewed if a problem were raised. However, an appropriate balance must be found between health and safety, and the patient’s right to privacy, said the State Department of Social Services. Michael Weston, spokesman for the California Department of Social Services, said he expects there to be decision regarding the use of cameras in private living areas of licensed community care facilities within the next few months.

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A lawsuit has been filed against a Redlands retirement facility for allegedly failing to provide the quality of services promised to an elderly resident, reports the Redlands Daily Facts. The complaint also alleges the facility, Mission Commons Retirement Residence, is not staffed or operated in compliance with California law. Our San Bernardino elder neglect lawyers work with families in many surrounding communities and often hear from families that are concerned about the care their loved ones are receiving in California nursing homes and long-term care facilities. It is natural to have such concerns, and while we cannot endorse any one way to locate an appropriate facility, we do recommend doing as much research as possible on the nursing homes in your area and making site visits to those facilities.

According to the lawsuit against the Redlands retirement home, former resident Jack K. Hanson, Sr. lived at the independent and assisted living facility from June 2009 until his death in April 2011. His family says that residents at the facility do not receive the quality of services they pay for. Initially, Mr. Hanson paid $5,000 per month to live at the facility. In exchange, Mission Commons Retirement Residence promised to provide care that complied with California law and the level of care described in its “Admissions Agreement,” which was signed by both parties.

When he first entered the facility, Mr. Hanson was part of Mission Commons’ independent living facility. However, as his condition worsened, his family agreed to pay more money, $5,500 a month, to move him to another part of the facility with the promise of better care. The complaint, filed in the Los Angeles County Superior Court, claims the elderly man suffered a fracture and pressure sores due to the negligent care he received. Those injuries, as well as general neglect, allegedly led to the man’s death. handshake.jpg

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Deciding how to care for an aging loved one likely will be one of the most difficult and emotional decisions you will ever have to make. Our North County nursing home lawyers know that caring for aging family members can cause an enormous amount of stress and emotional turmoil. For example, there often are many daunting tasks involved in caring for an parent, including: taking over a parent’s finances, making medical appointments, navigating through a maze of insurance coverage and claims, and even finding space in your home or locating an appropriate long-term care facility. Unfortunately, a recent Supreme Court opinion may make selecting a nursing home for your loved one even harder.

According to a new high scout decision, nursing homes may freely use binding arbitration clauses in their contracts with residents. Such agreements bar elder abuse victims and their families from suing in court, even in cases involving the most egregious and extreme instances of abuse or neglect. The decision, Marmet Health Care Center, Inc. v. Brown (2012), overturned a ruling by the West Virginia Supreme Court, which allowed families to bring lawsuits against nursing homes despite the existence of binding arbitration agreements. Plaintiffs in three wrongful death suits against West Virginia nursing homes sought compensation despite the fact that they or their loved ones had signed an agreement to settle disputes in arbitration, instead of courts, when seeking to admit their loved ones to a nursing home. As is often the case, such binding arbitration clauses typically are buried in contracts and most people do not understand the implications of agreeing to them. Agreements containing binding arbitration clauses could even be one of many pages included in a pile of paperwork required by a nursing home prior to the admission of a new resident. contract.jpg

The Court’s decision was based on the 1925 Federal Arbitration Act, a law providing businesses with almost unlimited power to include arbitration clauses in contracts. The problem with arbitration is that it puts too much power in the hands of businesses, which typically do not have the interests of consumers at heart, even vulnerable consumers such as soon-to-be nursing home residents. Arbitration proceedings often are secretive and expensive for consumers to pursue. Monetary damages awarded in favor of a plaintiff are generally lower in arbitration than those in court.

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