San Diego elder abuse lawyers

April 14, 2023

Does it Matter Who Owns Nursing Homes in San Diego County?

Could “ownership transparency” help to prevent injuries and severe harm to patients in skilled nursing facilities in San Diego County? Nursing home abuse and neglect in Southern California have many causes, including issues of understaffing and failure to properly investigate staff members prior to employment. Commentators often argue that certain nursing homes put profits before patient well-being. According to a recent article in Skilled Nursing News, the Biden administration has been focusing on “ownership transparency,” or addressing who owns — or what entities own — skilled nursing facilities across the country. The idea is that nursing homes that are owned by real estate investment trusts (REITs) may not provide the same quality of care as other nursing homes.

The Centers for Medicare & Medicaid Services (CMS) recently proposed a rule aimed at “ownership transparency,” or as the article describes it, “a rule requiring more ownership disclosures and floating definitions of private equity and real estate investment trusts.” Yet as the article reports, “providers are pushing back on elements of this proposal,” and commentators argue that “the proposed policy’s definitions of different ownership structures is still too vague.” What do you need to know about the proposed rule and its implications? Our San Diego County nursing home abuse lawyers can say more.

Proposed Rule is Part of Broader Ownership Transparency Plan

October 28, 2022

Nursing Home Neglect and Infections in San Diego County

by Walton Law Firm

Nursing home neglect can take many different forms in San Diego County. In some cases, a senior in a nursing home or assisted living facility might be harmed as a result of willful deprivation, where a staff member refuses to provide the senior with the medications, medical devices, or care they need. Under most circumstances, however, nursing home neglect is not intentional. Rather, injuries arising out of neglect in Southern California result from issues like understaffing, lack of appropriate training for staff members, and ultimately, a failure for an elderly nursing home resident to receive the care they need without any intention by the facility to cause harm. Yet just because a nursing home or assisted living facility in San Diego County does not intend to cause injuries or any other type of harm does not mean that the facility cannot be held accountable.

Infections are one type of harm for which nursing homes and assisted living facilities in San Diego County can be liable if any infection results from negligence. Our San Diego County nursing home negligence attorneys can provide you with more information.

Nursing Homes Have a Duty to Prevent Infections

April 3, 2020

Class Action Claim in California Highlights Injury Risks in Assisted-Living Facilities

by Walton Law Firm

Whether you have an elderly loved one at a nursing home or assisted-living facility in San Bernardino County or elsewhere in California, you may have had concerns about elder abuse risks. It can be difficult for older adults and their family members to know whether a nursing home or assisted-living facility is more likely than another to engage in nursing home abuse or neglect, especially when the facility has no history of abuse or safety violations. What may be a deciding factor, according to a recent article in The New York Times, is the resident-to-staff ratio, or the patient-to-staff ratio at the facility.

Class Action Lawsuit Raises Issues About Understaffing

Nursing homes and assisted-living facilities with poor staffing ratios may have higher rates of neglect. Indeed, as that article explains, a class action lawsuit in California against a chain of assisted-living facilities contends that, “when staff members [at these facilities] conduct periodic assessments—to determine whether a resident needs help bathing or dressing, for example, or suffers from dementia—the facilities don’t use the results to determine an adequate number of staff members.” Rather, the plaintiffs in the class action lawsuit contend, staffing decisions are based on the nursing home’s economic well-being. Accordingly, facilities like those named in the class action are routinely understaffed.

April 8, 2015

Learning More About Elder Abuse Investigations

by Walton Law Firm

How, exactly, do elder abuse investigations work? After national news that Harper Lee, the famous author of To Kill A Mockingbird, might have been the victim of elder abuse, an article in Slate provided an in-depth look into investigations concerning reports of elder abuse and neglect. While each state has its own methods for looking into reports of nursing home abuse and other violations, it’s important for Californians with elderly parents and loved ones to understand the basics of an elder abuse inquiry.

The Allegedly “Murky Field” of Elder Abuse and Competence

What does elder abuse look like, and how can we be certain when we see it? According to Rosalie Kane, a professor of health policy and management at the University of Minnesota, “the concept of elder abuse is a murky field.” Kane explained that “sometimes there’s too much branding of older people as incompetent,” and that can complicate conceptions of elder abuse. In other words, Kane believes that investigations into elder abuse allegations often aren’t taken seriously because of suspicions about the victim’s mental capacity.