Articles Tagged with San diego elder abuse lawyer

October 15, 2014

Class Action Against California Nursing Home Owner

Changes are on the way for nursing homes and California assisted living facilities. In the midst of shifts to the law, victims of nursing home abuse are filing a class action lawsuit against the owner of 57 skilled nursing facilities in the state, according to an article from Courthouse News Service. The owner, Schlomo Rechnitz, owns more facilities in the state than any other, with nursing homes in nine different California cities, according to a recent report in the Long Beach Press-Telegram. Rechnitz’s facilities are accused of “chronic understaffing” with allegations of “Actual or suspected abuse or neglect.”

Details of the Class Action Lawsuit

The lawsuit was filed after several years of investigation into the practices at many of Rechnitz’s facilities. Rechnitz owns Brius Management and Brius LLC, and he owns nursing homes in Inglewood, Los Angeles, Norwalk, Pasadena, San Gabriel, and several other California cities.

October 8, 2014

Fines to Increase at Assisted-Living Facilities

by Walton Law Firm

New Bill Raises Penalties for Elder Abuse and Neglect

Is the state of California taking seriously the problems with nursing home abuse and elder neglect at assisted-living facilities? According to a recent article in UT San Diego, Governor Jerry Brown just signed into law a bill that will impose “a 100-fold increase in the top fine for violations of state regulations at assisted-living homes for the elderly.” Before Governor Brown signed the bill, the highest fine for a violation that results in the death of a resident was only $150. Now, the top fine rose drastically to $15,000.

Fines for elder abuse and neglect resulting in the death of an older adult are not the only penalty increases. To be sure, the bill will also raise the maximum fine for “violations leading to serious injury or abuse from $150 to $10,000.” And the new law will not just apply to assisted-living facilities, as was originally proposed in the bill co-authored by Assemblyman Brian Maienschein of San Diego. It will “apply to all community care facilities in the state.”

October 1, 2014

Nursing Homes and Federal Reporting Requirements for Elder Abuse

by Walton Law Firm

Are nursing homes in California abiding by federal regulations for reporting allegations of elder abuse or neglect? According to a recent report released by the Office of the Inspector General for the Department of Health and Human Services (HHS), not all facilities are reporting incidents of nursing home abuse.

Reporting Requirements and Increasing Rates of Elder Abuse

The HHS report emphasized that about five million elderly Americans (or ten percent of the elderly population) sustain injuries from physical abuse, neglect, and financial exploitation. However, these crimes are not always reported.

September 24, 2014

Elderly Conservatee Rights Violation

by Walton Law Firm

A recent article in the Examiner alleges that Scott Phipps of Phisco Fiduciary committed elder abuse against a senior conservatee, Elinor Frerichs. Elder advocates argue that Scott Phipps kept Frerichs “confined and isolated” at Lakeside Park, her assisted living facility in Oakland. If true, the fiduciary may have violated the rights provided to conservatees in the state of California.

Conservatee’s Rights in California

According to the Notice of C onservatee’s Rights, our state makes clear that, when an elderly person becomes a conservatee, they do not lose all rights to handle decisions. Indeed, “he or she does not necessarily lose the right to take part in important decisions affecting his or her property and way of life.” The conservatee is entitled to “ask questions and to express concerns and complaints about the conservatorship and the actions of his or her conservator.”

September 17, 2014

Northern California Nursing Home Sued for Overmedicating Residents

by Walton Law Firm

Nursing homes in California should take note of the negative publicity surrounding elder abuse and assisted-living facilities in our state. A recent article in the Santa Cruz Sentinel described serious nursing home abuse allegations that point to fraudulent Medicare claims and poor patient treatment. In Watsonville, located in Santa Cruz County, the owners of two nursing homes are facing a lawsuit. According to the report, federal prosecutors sued the owners “alleging that leaders made fraudulent Medicare claims” and “persistently and severely overmedicated elderly and vulnerable residents.”

Overmedication and Fraud Allegations

The two nursing homes at issue are Country Villa Watsonville Easy Nursing Center and Country Villa Watsonville West Nursing Center, both in Santa Cruz County. The owners have been linked to serious crimes connected to nursing home abuse and neglect.

September 10, 2014

Sacramento Lawyer Charged with Elder Abuse

by Walton Law Firm

A recent article in the Sacramento Bee reported on an attorney in the northern California area who was charged with financial elder abuse. At the Walton Law Firm, we take elder financial abuse very seriously. As an Elder Justice Advocate, Randy Walton is committed to protecting older Americans from crimes such the ones that occurred recently in Sacramento. When looking for an elder lawyer to help with your legal issues, you should not need to worry whether you will be treated fairly. Contact our office today to learn more about our dedication to safeguarding elders in the San Diego area and throughout the state.

Scams Target Elderly Californians

According to the Bee article, in late August, authorities arrested Delbert Joe Modlin, 63, on charges of financial elder abuse, grand theft, and securities fraud. His release on bail conditioned that he agree not to practice law or see clients until the criminal proceedings ended. Modlin has been licensed to practice law in California since 1987.

September 3, 2014

Behind the Medicare Star Rating System

by Walton Law Firm

History of the Star Rating System

A recent New York Times article discussed the danger of trusting the Medicare star rating system, providing as an example a five-star nursing home facility in California with a history of elder neglect violations. Last week, we discussed the star rating system and the Rosewood nursing home in the Sacramento area. In sum, the rating system is not helping consumers in the way it claims. How did this rating system rise to prominence, and why are so many Americans willing to trust it without additional investigation?

According to the article, the five-star rating system began in 2007, when Oregon Senator Ron Wyden posed the following question at a congressional hearing: why is it easier to shop for washing machines than to select a nursing home? Two years later, Medicare officials developed the star rating system, “a move that was applauded by consumer groups, who hope that more transparency would lead to greater accountability.”

August 27, 2014

Medicare Star Ratings and Quality of Care

by Walton Law Firm

Five-Star Nursing Homes May Not the Best Indicator of Care

Are Medicare star ratings good predictors for the quality of care at nursing homes? According to a recent article in the New York Times, a facility with a five-star rating may not be what one would expect. In fact, many five-star facilities have received fines for injuries related to nursing home neglect.

Rosewood Post-Acute Rehab, a nursing home located in a Sacramento suburb, received a five-star rating from Medicare. The nursing home “bears all the touches of a luxury hotel, including high ceilings, leather club chairs, and paintings of bucolic landscapes.” According to the article, getting a five-star rating—the highest possible—is not easy. Only about one-fifth of all nursing home in the U.S., about 3,000 total, hold this distinction.

August 8, 2014

Financial Elder Abuse Continues to Thrive in California

by Walton Law Firm

Southern California Insurance Agent Charged with Financial Abuse

Elder abuse comes in many forms, from physical violence to financial fraud. A recent article in Consumer Affairs reported that a licensed insurance agent in Southern California was recently arrested fo elder financial abuse. The insurance agent, John Paul Slawinski, 59, was charged with “five felony counts of financial elder abuse and five counts of burglary.” What did he do? Specifically, the charges allege that he “ripped off five senior citizens for more than $2 million through the sale and surrender of investment annuity products.”

Earlier in the summer, the California Department of Insurance received complaints about Slawinski and decided to launch an investigation. The complaints claimed that Slawinski had convinced five different senior citizens to give up annuities and investments, promising that he could get them higher returns on their money. Yet Slawinksi never purchased additional annuities or investment products with the seniors’ money, and he never gave back the funds, either. In other words, he “conned the victims into giving him money to invest for them.”

July 30, 2014

Elder Abuse and the Poor

by Walton Law Firm

When our elderly loved ones require care at a nursing home or assisted living facility, we need to balance the costs of a facility with the quality of care we know they’ll be receiving. It’s necessary to remember that nursing home abuse and neglect can occur at even the most high-end, expensive facilities, so it’s important to do our research. But what about older Americans who can’t afford to comparison shop?

If you have concerns about your elderly loved one’s safety and care in a nursing home or assisted living facility, it’s important to talk with an experienced San Diego nursing home abuse lawyer. At the Walton Law Firm, we have years of experience handling elder abuse claims in Southern California and can speak to you today.

Rates of Emotional and Physical Abuse Among Seniors

“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 -