Southern California Nursing Home Abuse Lawyer Blog

August 31, 2009

Dementia, Abuse Rise with Aging Population

Aggressive behavior by nursing home residents is on the rise, and is becoming a big problem in nursing homes and residential care facilities around the country.

“Resident-on-resident aggression is substantially more common than previously thought,” said Dr. Karl Pillemer, a Cornell University gerontologist. “While they are mentally impaired, they are not physically impaired. They can do considerable damage.”

It is estimated that roughly half of Americans over the age of 85 suffer from Alzheimer’s disease or some other form of dementia. With the population of elderly set to explode in the next 20 years – those 65 or older will make up 20 percent of the U.S. population – most experts agree that the problem is only going to get worse.

August 28, 2009

Nursing Home Hit with Big Fine After Death

by Walton Law Firm

A Tracy, California nursing home received a $100,000 fine and a AA citation, the state’s most severe, after it was determined that the death of a 78-year-old resident was due to nursing home malpractice. The nursing home staff failed to monitor the woman’s medication and failed to send her to the hospital when her brain started to bleed.

According to the report, the resident had recently received an increase in medication to prevent clots. With the medication came a potential for internal bleeding. Shortly after increase in dosage, the woman began to slur her words and complained of a headache. She kept saying, “My head, my head…” But nothing was done.

Several hours later the resident was semi-conscious, waking only to vomit. The family complained to the home that something was not right, but failed to take the matter seriously. The woman was eventually transferred to the acute-care hospital, but it was too late. She died in the emergency room.

August 25, 2009

Nursing Home Resident Charged for Punching Fellow Resident

by Walton Law Firm

Police arrested a nursing home resident after he punched a fellow resident because he thought the man was stealing his food. According to new accounts, Ardyce Nauden was charged with aggravated battery after punching 72-year-old and wheelchair-bound Andres Cardona in the face, knocking him unconscious.

Nauden allegedly stated, “He was trying to steal my food and that is why I hit him. I held onto the bed with my right hand and hit him with my left hand.”

Peer-on-peer resident abuse in the nursing home setting is not uncommon. A study by Cornell University found that aggression and violence between residents is more prevalent than abuse or neglect from nursing home employees. According to the Cornell study, peer abuse is nursing home is a problem that has received little attention.

August 20, 2009

A Place for Mom: Finding the Proper Placement for Your Elderly Loved One

by Randall Walton

On a fairly regular basis I get telephone calls asking for a recommendation to a “good” nursing home or assisted living facility. I have to refrain from answering, because though I have brought legal actions against many nursing homes for abuse and neglect, I also know there are plenty of homes out there that can provide good care. I just don’t know who they are.

Today I met with someone who does. Lise Marquis, with A Place For Mom (www.aplaceformom.com), explained to me all the considerations in finding the right placement for an elderly loved one. A Place for Mom provides consultations for senior housing and care options, and has literally hundreds of options including skilled nursing facilities, assisted living, Alzheimer’s and dementia care, respite care, and board and care homes. And get this, the service is free.

In addition to providing options for housing, Lise can also provide resources for financing, therapy services, and legal services if those aspects of care are needed.

August 20, 2009

Elder Abuse Penalties Increased Under New Law

by Walton Law Firm

A bill that will increase fines from $6,000 to $10,000 for individuals found guilty of placing an elderly person (over age 65) or a dependent adult in a situation where death or great bodily harm is likely has been signed by Governor Schwarzenegger. The bill, which will take effect January 1, 2010, will also increase penalties for those placing seniors in dangerous situations that are not likely to cause death or great bodily harm.

The new law was supported by Sen. Jenny Oropeza, who acknowledged that “Elder abuse for far too long has been a hidden, pervasive and deadly crime where out of 5 million recent cases, a shocking 84 percent went unreported.” Under the new law, she said, “California’s senior citizens and their families will rest easier knowing that my new law will help protect them from abuse.”

Source: Long Beach Press-Telegram

August 19, 2009

Bed Sore Discovery Exposes Residential Care Facility to Criminal and Civil Penalties

by Walton Law Firm

When Georgia Fitsos was diagnosed with Alzheimer’s disease and dementia in 2006, her family came to the sad realization that Georgia could no longer live alone. Too healthy for skilled nursing care, the family chose to place their mother in Broadstone Residential Facility after reading a fancy brochure that promised Georgia “can enjoy a lifestyle of elegance.”

Less than a year after her admission, Georgia’s son found his mother with a big black eye. She told him that someone hit her, but when confronted, the facility said she accidentally hit her face on the table after falling asleep in her wheelchair (Walton Law Firm currently has a very similar case). Only a month later, Georgia’s son found his mother suffering from a shortness of breath. He called 911 because the on-site Broadstone caregiver didn’t speak enough English to make the call.

When Georgia arrived at the Emergency Room doctors were stunned by what they found. A huge, Stage 4 bed sore the size of a “turkey platter” was found on her backside. It had eaten deeply into her flesh, and became infected. The infection quickly turned into sepsis, and Georgia died less than a month later.

August 15, 2009

Santa Monica Nursing Home Death Results in AA Citation

by Walton Law Firm

Los Angeles – The death of an 88-year-old nursing home resident has resulted in an AA citation and a $100,000 fine, the most severe penalty that can be imposed by California regulators. The California Department of Public Health issued the penalty after it concluded that nursing home resident’s death was the result of neglect.

According to reports, the resident had received a gastrostomy tube (or g-tube) for feedings on August 29, 2008 and was admitted to Arbor View nursing home on September 3, 2008. The feeding tube became dislodged approximately one week later, and a nurse attempted to reinsert it. Unfortunately, the nurse missed the stomach, and instead inserted the tube into the abdominal cavity. Feedings were then continued.

The next day, the resident was rushed to the hospital with nausea and vomiting, and a scan revealed the problem. She had massive amounts of feeding material in her abdominal cavity that doctors tried to remove. The elderly resident contracted an infection and died shortly there after.

August 14, 2009

San Bernardino Nursing Home Fined After Resident Suicide

by Walton Law Firm

The Del Rosa Villa nursing home in San Bernardino received the state’s harshest citation after investigators concluded that inadequate care led to a resident’s suicide. The California Department of Public Health issued a AA citation and a fine of $90,000.

According to reports, on June 11, 2009 a 52-year-old resident was found hanging from a fence in the parking lot of the nursing home. He apparently had rolled his wheelchair through a back entrance to the nursing home and into parking lot where he hung himself with a belt

The man’s care plan, which all skilled nursing facilities must maintain for patients, required that he be under suicide watch at all times, and that a nursing assistant admitted to investigators that she made a mistake. It was not the man’s first attempt at suicide. He was in the facility from an acute care hospital where he was admitted after throwing himself in front of a moving vehicle.

August 13, 2009

Elder Abuse Can Happen Anywhere, Anytime, by Anyone

by Walton Law Firm

The North County Times had a good column on the cold reality that elder abuse or neglect can happen anywhere. Susan Reichel, CEO of Advanced Home Health Services in San Diego says that an estimated 2 million elderly Americans are victims of elder abuse, whether its physical, mental, emotional, or financial, and it can occur in the home or at a nursing facility.

We, of course, know this. At this law firm, we take legal action against nursing homes and residential care facilities for abuse or neglect all the time. But it’s always worth reminding people that such abuse cases are real and all around us. Remarkably, it is estimated that 84 percent of elder abuse cases go unreported.

The author makes a list of clues to look out for that might be signs of abuse or neglect, and we though it would be helpful to list them here.

August 10, 2009

California Ombudsman Funding Partially Restored

by Walton Law Firm

Last Friday, Governor Arnold Schwarzenegger signed Assembly bill 392, which provides funding for California’s long-term care ombudsman programs. The bill does not restore entirely the cuts that were made last year, but the $1.6 million appropriation to approximately 36 agencies throughout the state will provide sorely needed money to programs that, only weeks ago, were on the brink of dissolution.

“This legislation could make the difference between life and death for nursing home patients facing abuse or neglect. Now patients and their families who depend on the Ombudsman to monitor facilities and investigate key complaints can rest a little easier,” said California Assembly member Mike Feuer.

Last year’s cuts were exemplified in several high profile cases of nursing home abuse and neglect. In June 2009, a nursing home facility owner and a caregiver were arrested on suspicion of criminal abuse and neglect when a resident suffered from pressure sores so severe they led to a fatal infection.

“From our first phone conversation, Mr. Walton provided a sincere interest in our case. My mother had suffered both abuse and neglect while in the care of a nursing facility, ultimately resulting in her death. My family and I would highly recommend Randy Walton.★★★★★- Judy S., San Diego -

"Walton Law Firm was amazing. Very professional, but personal. Having a lawyer to make sure that everything is taken care of removed so much stress."★★★★★- Wayne G., Encinitas -

"After my husband was killed in a motorcycle accident, Randy was there from the moment I first called."★★★★★- Suzanne S., Escondido -

"Calling Randy was the best decision I could have made. He got me an excellent settlement that covered all my medical bills and put a sizable chunk of money in my pocket."★★★★★- Erik S., San Marcos -

"Truly as good as it gets, if not beyond great, for Randy Walton and his paralegal Sarah Earnest. He and she are both incredibly dedicated to what they do and I never felt I couldn't trust him."★★★★★- Natalie T., Lake Elsinore -

"Randy is a great lawyer and a better person. He went above and beyond the call of duty to reach a settlement in my case. He believed in my case when no one else did."★★★★★- David C., San Diego -