Articles Tagged with San Diego nursing home abuse attorney

From nursing homes in San Diego County to those elsewhere in Southern California and across the country, staffing shortages can lead to serious resident injuries as a result of passive neglect. In short, when a nursing home does not have a sufficient number of employees to provide appropriate care for residents based on individual resident needs, residents can sustain injuries like bed sores because they are not moving or broken bones in falls when they try to get out of bed or make it to the restroom themselves despite requiring assistance with these activities. According to a recent article in The New York Times, the significant staffing shortages that were identified at the peak of the COVID-19 pandemic are persisting in nursing homes throughout the United States, along with problems concerning infection control measures and protocol.

Staffing Problems Could Be “Monumental”

A new report on nursing home safety, discussed by the Times, was recently prepared by the inspector general’s office at the US Department of Health and Human Services (HHS). The report cited how the federal Centers for Medicare & Medicaid Services (CMS) is responsible for overseeing about 1.2 million nursing home residents nationwide, and for many of those residents at facilities in California and elsewhere, staffing issues are “monumental.” To be sure, the report identified “high levels of burnout, frequent employee turnover, and the burdens of constantly training new employees, some of whom fail to show up for their first day of work.”

Nursing homes must have enough employees to provide sufficient care to residents. When skilled nursing facilities do not have enough employees to attend to the needs of all residents, the nursing home may be understaffed. It is important to know that understaffing can result in resident injuries and can be the cause of nursing home neglect, for which the facility may be liable. A nursing home or its employees do not need to engage in intentional acts of abuse or neglect for the facility to be liable. Rather, “passive neglect,” or unintentional neglect resulting from understaffing that results in injuries, can mean that the facility is legally responsible. Our San Diego County nursing home neglect attorneys can say more.

Staffing Requirements at Nursing Homes

In Southern California and throughout the state, nursing homes have a duty to have sufficient employees to provide care to the residents at the facility. Skilled nursing facilities must employ enough people to ensure that residents receive the attention and care they need and to ensure that residents do not suffer harm as a result of a lack of necessary attention or care. 

One way in which nursing home residents in San Bernardino can suffer serious injuries during the summer months is dehydration, heat exhaustion, and other hyperthermia conditions. While many people assume that such injuries or conditions may be common during the particularly warm summer months in Southern California, especially when there is a heat wave, yet no residents at skilled nursing facilities in California should suffer from any of these heat-related conditions simply because the outdoor temperatures are setting records. To be sure, nursing homes in California must ensure that residents are safe and are not subject to extreme temperatures that can cause serious harm.   

If a nursing home fails to provide cooler temperatures for residents during the summer months, can that nursing home be held accountable for injuries? Nursing homes certainly may be liable in certain situations where residents sustain hyperthermia-related injuries as a result of nursing home neglect.

Nursing Home Neglect and Hyperthermia

A common blood-thinning drug, Coumadin, has been cited as the cause for numerous deaths in nursing homes, according to a recent article in the Washington Post. What’s the problem with Coumadin? In short, it requires that a very precise amount be administered to patients, and either too much or too little of the medication can result in fatal injuries to the elderly.12175858204_36c6287934

What is Coumadin?

According to WebMD, Coumadin is the brand name for the generic drug Warfarin. It’s generally used to treat blood clots, or to prevent clots from forming (and thus to help reduce a patient’s risk of a stroke or a heart attack). This medication often is described as a blood thinner, but as WebMD explains, “the more correct term is anticoagulant.” Coumadin, when used properly, can decrease the clotting proteins in your blood, which ultimately can help blood to flow better if there’s a risk of clotting.

For the last 35 years, California’s Senior Legislature has been advocating for the rights of older adults throughout the state. Indeed, according to a recent report from NBC News, the ground has been proposing laws to state legislators aimed at preventing elder abuse throughout its tenure. Now, however, the advocacy group is facing a serious problem with funds and is taking steps to ensure that it retains a voice when it comes to lawmaking and the rights of the elderly in California.Getting from Here to There

Long-Time Group Advocates for Seniors’ Rights

The California Senior Legislature currently has 120 members, all of whom are volunteers. Its members come from a variety of cities throughout the state, from Southern California to the Bay Area. Each of the members, according to NBC News, is elected from separate senior organizations in their respective cities. “Throughout its history,” the report states, “the group has proposed a myriad of laws dealing with topics ranging from elder abuse to senior health issues.” Legislators recall members of the group actually walking through the state capitol in order to personally track down legislators and encourage them to carry proposals created by the group.

Nursing homes in California continue to receive warnings from the U.S. Food and Drug Administration (FDA) about the use of antipsychotic medications given to elderly residents, yet the use of chemical restraints continues. Indeed, according to a recent news story from ABC News 10, nearly fifty nursing homes in our state “rate below average for the use of antipsychotic drugs.” Does the use of chemical restraints constitute nursing home abuse?3056268889_8235784d86

Dementia and Antipsychotic Medications

Many of us know that elderly nursing home residents, particularly those who have been diagnosed with dementia, may be prescribed antipsychotic medications in order to chemically “restrain” them. For those of us with loved ones residing in these facilities, it can be frustrating to learn that off-label drug use is taking place when it’s unnecessary and could lead to serious harms.

According to a recent story from ABC 7 Eyewitness News Los Angeles, “California’s largest nursing home chain has come under fire from government regulators, facing a flurry of citations and penalties.” Indeed, Brius Healthcare Services will have to account for the numerous elder abuse allegations against its facilities across the state.341653009_14c3f29e39

Serious Violations in Brius Health Services Facilities

Over the course of the past year, Brius facilities have been investigated by the police, they’ve been sued for nursing home abuse, and they’ve been the target of investigations conducted by state and federal agencies that have issued violations. The company has 81 facilities in California, and they cover a wide expanse of the state. Indeed, the facilities stretch from “San Diego to Roseville to Eureka.”

Every year on June 15th, the National Center on Elder Abuse (NCEA) and the Administration on Aging (AoA) provide awareness resources and prevention information for World Elder Abuse Awareness Day (WEAAD). According to a press release from the AoA, WEAAD was established in 2006 by several different global organizations that partnered to help stop elder abuse across the world.4015324803_d0e5839192

Elder Abuse and Neglect Occurs Across the Globe

In conjunction with the International Network for the Prevention of Elder Abuse and the World Health Organization at the United Nations, the NCEA and AoA hope to “provide an opportunity for communities around the world to promote a better understanding of abuse and neglect of older persons.” What kind of tools are necessary to help global citizens understand elder abuse and neglect? While age is a primary risk factor for sustaining injuries resulting from elder abuse, nursing home abuse and neglect isn’t limited to just one socioeconomic or ethnic group.

According to a recent article in the Courthouse News Service, a California senior’s family filed an elder abuse lawsuit against “the nation’s largest nursing home chain” after the patient was accidentally given a fatal dose of morphine. The victim, Jonathan Bell, had been a dialysis patient at American River Center in Sacramento when his nurse mistakenly administered the morphine. Bell’s family has alleged that the nursing home “refused to let an ambulance take the catatonic man to a hospital” after the medical mistake occurred. Bell died the following day.1921401904_b3e2bdfd81

Nursing Home Concerned About Sanctions

Why wouldn’t staff members at American River Center allow an ambulance to take Bell to the hospital for care? His daughters argue that “the nursing home feared sanctions for giving him the wrong treatment and tried to cover up its mistake by letting Bell remain in a catatonic state for more than 24 hours without medical attention.” Indeed, according to the family’s lawyer, “they tried to bury their mistake and buried his life.”

When emergency medical responders receive a call to a nursing home or assisted-living facility, they may be in the best position to identify signs and symptoms of elder abuse. According to a recent article from ABC 7 KRCR News, “paramedics and first responders are sometimes the first to notice something is wrong.” As such, they can help to ensure that victims of nursing home abuse can receive they help they need.red-cross-29930_1280

Training Paramedics to Look for Signs of Neglect

A recently reported case of elder abuse in Redding has led to an increased emphasis on paramedics and their unique position to identify signs of elder neglect. To be sure, according to Mark Belden, an operations manager for American Medical Response, when paramedics enter the home of an elderly adult, they’re “trained to look for signs of neglect.” Under California law, paramedics must report suspicions of elder abuse or neglect, but it’s important that these first responders have the necessary training to know what they’re seeing.

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