Southern California Nursing Home Abuse Lawyer Blog

Some California nursing homes have altered information or provided false information in patients’ medical records, according to reports in The Sacramento Bee. The investigation into health care recordkeeping illuminates an important issue in the area of California nursing home abuse. When nursing homes falsify records, medical conditions may be concealed and negligent care may be covered up. Our San Diego elder abuse lawyers know that falsification of nursing home records can put elderly patients at risk of serious medical complications or even death.

Falsification of nursing home records includes providing false information in a patient’s chart. For example, nurses and other staff members may indicate that a patient received physical therapy on a daily basis when the patient in fact did not.

Record falsification can also include alteration of information in medical records, likely either to demonstrate that the patient received adequate care or to conceal mistakes that staff members may have made. For example, missing paperwork might be recreated. Altered or recreated paperwork might be used to cover up poor outcomes, such as patient deaths or injuries like falls or bruises. Some nursing home facilities have also been caught keeping inaccurate or incomplete recordings of dispensed medications.

A recent article in California Healthline delves further into the practice of record falsification in California nursing homes. The article reveals that California issues few citations for record falsifications. Despite this, California elder abuse attorneys say that falsifying patient records is a common practice that arises in nearly every nursing home lawsuit, but that it is rarely punished by licensing authorities. Even though falsifying health records is a misdemeanor in California, criminal charges rarely are brought against negligent nursing homes or their staff.

To some, a change here or there on a medical chart might seem like a minor infraction compared to the many horrific cases of elder abuse that regularly are reported in the news. But one family knows the heartache that nursing home record falsification can cause all too well. According to The Sacramento Bee, 77-year-old Johnnie Esco suffered the serious consequences of negligent recordkeeping when a nursing facility allegedly lied about the care she received.

In 2008, Johnnie Esco, who suffered from Alzheimer’s, was recuperating from pneumonia and chronic constipation. On doctor’s orders, Johnnie entered a nursing home after her initial hospitalization in order to receive prolonged treatment. Chronic constipation can lead to fecal impaction, which, if untreated, can be life threatening in elderly patients because serious colon complications or infection can occur. However, beginning from the date of Johnnie’s admission to the California nursing home, her bowel ailments went untreated and unrecorded. Allegedly, suspicious and irregular charting during Johnnie’s stay led to a decline in her health. By the time Johnnie reached the hospital, her condition was life threatening. She died the next day.

During the subsequent civil lawsuit for elder abuse and wrongful death, staff members conceded that Johnnie’s “charting” was not always done with precision or care and that “rote charting”—quickly copying information from the previous shift instead of filling in accurate information—frequently occurred. Johnnie’s death likely could have been prevented if the nursing home staff had followed standard health care procedures.

Moreover, the nursing home in Johnnie’s case didn’t merely fail to follow health care standards. They allegedly made false material statements. Making false statements in medical records is against the law in California. Victims are put at serious risk and have the right to bring a nursing home lawsuit against the bad actors for civil monetary damages.

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Actor Mickey Rooney is suing his stepson and others, alleging California elder abuse, including financial and verbal abuse. Specifically, the actor alleges that his abusers defrauded him out of millions of dollars, tricked him into believing that he was running out of money, and bullied him into continuing to work.

According to articles in The Washington Times and PRNewswire, the 90-year-old actor has accused his stepson, Christopher Aber, Aber’s wife, and others of breach of fiduciary trust, elder abuse, fraud, and misappropriation of the actor’s name and likeness. In recent years, the actor needed the assistance of others to help him manage his personal and business affairs. Over the past decade, however, the elderly actor claims that he essentially lost all control over his personal life and finances due to abuse and fraud.

The complaint alleges that the actor’s stepson “instilled fear in [the actor] and kept him in poverty,” taking advantage of “unfettered access” to the actor’s income. Additionally, the elderly actor’s stepson allegedly took advances on his salary, rerouted all of the actor’s mail and took control of his income—including Social Security checks—opened credit and debit cards in the actor’s name without the actor’s knowledge or consent, and used the actor’s money as if it were his own.

The actor—who has appeared in hundreds of films, television shows, and theater productions and was nominated for an Oscar four times—continued to perform and make appearances in recent years, even after undergoing double-bypass heart surgery in 2000. The lawsuit also alleges that the actor’s abusers regularly withheld food and medication, which lead to bouts of depression for the actor. They apparently bullied the actor and used various scare tactics to force him to continue working. His abusers allegedly told him that he would lose his house and his medical benefits if he did not continue to earn an income. The alleged abuse caused the actor great financial damage and emotional distress.

Earlier this year, the actor testified before the Senate Special Committee on Aging. He described the turmoil that elder abuse wreaked on his life: “. . . I felt helpless. For years I suffered silently. . . . Even when I tried to speak up, I was told to be quiet. It seemed like no one believed me.”
The elderly actor’s experience sheds light on an aspect of elder abuse that is much less obvious that other well-known signs and symptoms of abuse such as bed sores, bruises, or cuts. Our San Diego nursing home abuse attorney knows that emotional and verbal abuse is all too common. Emotional and verbal abuse can include threats, intimidation, or humiliation. In the actor’s case, his abusers purportedly humiliated him both in public and private and frequently lied to him in order to exercise control over his personal and business affairs.

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Our San Diego elder abuse lawyer recently explained how elder abuse is reportedly on the rise across the United States. In particular, reports of financial abuse of older Americans have increased, likely due to the tough economic times and the high number of aging baby boomers. However, California lawmakers, elder advocates, and concerned friends and family members are fighting back by proposing and passing laws that provide greater protections for the elderly.

The rising number of reports of California elder abuse and negligent nursing home practices have had at least one positive outcome. They have increased awareness of abuse of the elderly and have led to efforts to punish and prevent such mistreatment. For example, last May, Assemblymember Mariko Yamada proposed HR 13, which established the month of May as Elder and Vulnerable Adult Abuse Awareness Month in California. The bill received unanimous, bipartisan support by the Assembly. The law will bring important recognition to the issue of elder abuse for many years to come.

Another important bill introduced by Assemblymember Yamada addresses gaps in the reporting of elder abuse. AB 40 strengthens elder abuse reporting requirements in long-term care facilities. It requires that mandated reporters of suspected elder abuse in long-term care facilities report the abuse to both adult protection officials and law enforcement. This ensures that both entities receive reports of suspected elder abuse simultaneously so that a criminal investigation occurs with every report of suspected abuse. Such measures are essential to holding abusers accountable for their actions.

Our San Diego nursing home abuse attorney understands that knowing the signs and symptoms of abuse is essential to ensuring that your loved ones are adequately cared for and safe. Elder abuse can consist of neglect—such as lack of supervision or violations of health and safety standards—or physical, sexual, emotional, or financial abuse. According to a recent press release issued by the University of California, Irvine (UC Irvine), nearly 2 million older Americans are abused each year. For each incident of reported elder abuse at least five more go unreported.

Reports of elder abuse have been on the rise around the country. In our area alone, several negligent California nursing homes have been fined or closed due to their inadequate, or in some cases illegal, practices.

There is good news, however. UC Irvine recently announced that California residents now have another important resource that will provide information on how to prevent mistreatment of elders. The U.S. Administration on Aging has designated UC Irvine as the site for the National Center on Elder Abuse (NCEA) based on the university’s award-winning program in Geriatrics. The university will receive a $1.7 million federal grant.

Our San Diego nursing home abuse lawyers know that neglect is a serious form of elder abuse. Those who take care of the elderly must be held accountable when they fail to provide adequate care or violate basic health or safety standards. Unfortunately, mistreatment at these locations continues throughout the country. For example, a former group home owner in Ohio received probation for the deaths of two patients at the facility due to heat stroke. According to a report in the Toledo Blade, Pamela Shay pleaded no contest to two misdemeanor counts of patient neglect. She must serve two years’ probation, complete 200 hours of community service, and permanently surrender her nursing license. The group home that she owned and operated is now closed.

Both victims were schizophrenic and shared a room at the now defunct group home. The prosecutor on the case reported that a heat wave affected the city early that summer, with temperatures reaching over 90 degrees. As the owner and operator, Ms. Shay had a duty to avoid temperature extremes within the facility that could be a health hazard.

By the time first responders arrived the younger of the two residents, was already dead. The temperature in the patients’ room was 90.5 degrees. The second victim died the next week at a local hospital. His temperature was 105.5 degrees when he arrived at the hospital. The county coroner’s office ruled that the deaths were accidental and that the cause of death was heat stroke.

California elder neglect is generally defined as the failure of any person responsible for the care or custody of an elder or dependent adult to provide adequate care or to protect them from health and safety hazards. Although the group home owner was present in the home during the time period when the deaths occurred, other staff members were responsible for the residents’ care at the time of the incident. Despite this, when the group home owner failed to ensure that the building was cooled properly during the heat wave and that her staff was taking precautions to make sure residents were safe—including adequate hydration—she clearly committed resident neglect.

Yet this case resulted only in probation. The group home owner seemed remorseful, accepted responsibility for her actions, and had previously given up her group home license prior to the plea. She was tearful during the sentencing and apologized for what happened to the two residents. “I cared about them,” she reportedly said. “A day doesn’t go by where it hasn’t affected me.”

When these cases strike, both criminal civil legal actions can arise. For example, after the deaths the men’s families filed a nursing home abuse lawsuit in civil court. Those cases were eventually settled without the need for the case to go to trial.

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Many people are familiar with the difficulties involved in taking care of elderly parents, especially those with health problems. Often, people are forced to entrust the care of their loved ones to the doctors, nurses, and other staff members of nursing homes. The reason that people do this is because they realize that they do not have the skills, training, or time to provide the kind of around-the-clock care that is needed. They feel that their loved ones will receive better care in the nursing home than they would at home. However, nursing homes do not always provide the quality of care that they promise and on which their patrons rely.

In recognition of this fact, the state of California requires nursing homes to be licensed by the state in order to operate. They must meet and continuously adhere to certain regulations and standards in order to maintain their licenses, and they are subject to inspection by state investigators.

The purpose of the licensing program is to ensure that nursing homes are safe for the people who live there and to prevent California elder neglect or abuse. However, this program can only go so far in preventing serious harm to residents of these long-term care facilities. In spite of state regulations, there are still far too many incidents of San Diego nursing home abuse, medical malpractice, or other violations of state law. Even worse, these incidents are not always taken as seriously as they should be by the state or by the owners of the facilities.

Many assisted living or nursing home facilities emphasize structure and rules to provide stability for residents and ease of care for staff members, but some facilities are trying new and unique approaches. Our San Diego nursing home attorney knows how important it is for your loved ones to receive personalized attention and care, as well as top-notch medical treatment. Two stories recently caught our interest not only for the unique treatments they presented, but also for their positive perspective on providing innovative elder care.

At some facilities, “therapy dogs” and other animals are used to bring joy to nursing home patients. According to a local ABC news station in Ohio, residents at a skilled nursing facility recently received a visit from Gremlin, a 7-year-old pit bill rescue and certified therapy dog. Gremlin, a former a bait dog in a dog-fighting ring, was terribly abused before she was rescued. She can no longer bark and is partially deaf. Although the pit bull may seem intimidating at first, residents quickly warmed to Gremlin’s sweet demeanor and face licks. A staff member reported that residents’ faces lit up as soon as the dog walked into the room and that the dog’s presence prompted most residents to come out of their rooms and be social. One resident marveled at Gremlin’s ability to give love after being so horribly abused, reminding patients and staff alike that love and affection truly can be the best medicine.

Another nursing home also uses a form of alternative therapy. Beatitudes, a nursing facility located in Arizona, has an unusual philosophy: “To let patients do what they want.” The facility was originally created to provide care to seniors who prefer independent living options, but Beatitudes also provides more advanced care if needed, such as home care services and assisted living.

For Alzheimer’s residents in particular, Beatitudes offers a unique approach because residents are encouraged to pursue the activities they prefer and enjoy, which could include playing the piano, eating what they wish, or participating in arts and crafts. According to a local NBC station in Arizona, experts at the Beatitudes facility say that one of the mistakes caregivers often make is not incorporating Alzheimer’s patients’ previous passions into their everyday lives.

The staff at Beatitudes is trained to listen to their patients, to let them make their own decisions, and to show them love and support. They also aim to create positive emotional experiences for Alzheimer’s patients, which, research suggests, reduces stress and behavioral problems. For example, if an Alzheimer’s patient asks where her deceased husband is, a staff member may respond that “he can’t be here right now” instead of “he died four years ago.” Such a response answers the patient’s question without forcing her to relive the pain.

Residents at Beatitudes still receive the medical treatment ordered by their doctors. However, the staff attempts to remove discomforts (e.g. deep-seated wheelchairs that make it more difficult for patients to stand up) and reviews residents’ biographies in order to make them feel at home.

Unlike many negligent nursing homes, Beatitudes has also drastically reduced the distribution of antipsychotics and certain medications. The staff also tries to encourage activities that will foster group participation and interaction between patients, staff, and family members, such as block building and coloring. Under the Beatitudes approach, residents and their families report a better quality of life, less staff turnover, and lower costs.

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