Articles Posted in Elder Abuse

Older adults in Orange County nursing homes should always expect to be treated with dignity and respect, and they should also be able to expect that nursing homes are employing a sufficient number of staff to provide for the individual needs of residents. Yet, much too often, nursing homes do not provide the quality of care that they promise to provide. As a result of nursing home abuse — including intentional acts of physical and emotional harm, as well as sexual abuse — and nursing home neglect or negligence, Southern California nursing home residents suffer serious and sometimes deadly injuries. Families are often taught to be aware of the signs and symptoms of abuse or neglect, including physical and psychological warning signs about an elderly loved one’s well-being. 

We often think about nursing home abuse as intentional harm and neglect as a failure to provide care due to understaffing, for example, yet there are some cases in which nursing home neglect is intentional. In other words, staff members might make intentional decisions to withhold care in order to deprive elderly residents of the assistance they need or the medications on which they rely. Our Orange County nursing home neglect lawyers can explain in more detail.

Understanding Willful Deprivation in Southern California Nursing Homes

At Nursing Home Law Group, we’re committed to protecting the rights of vulnerable seniors. That includes speaking up when proposed changes in federal policy threaten access to the long-term care so many elderly Americans depend on. Right now, a quiet but dangerous proposal in Congress could put essential nursing home care out of reach for people like Owen Allen — and thousands of others across the country.

Owen, a 64-year-old man with muscular dystrophy, lives in a Medicaid-supported nursing home in Georgia. With help from skilled staff, he works to regain his strength through therapy and daily activities. His care, like that of more than 60% of nursing home residents nationwide, is paid for by Medicaid. Without it, he simply wouldn’t be able to stay.

What’s Happening in Congress?

Realizing that an elderly parent needs to move into a nursing home to receive the level of care they need can be difficult — both emotionally for their adult children and other family members and in terms of finding a safe and high-quality facility. When you are looking at potential nursing homes in Orange County or elsewhere in Southern California, it is important to consider a wide range of factors. You should think about indicators of good care and safety at a facility just as carefully as potential red flags that arise during a visit. It is always important to visit ahead of time and to be sure that you have a chance to see a facility before staff members can fully plan ahead for a visit. In other words, it is important to be able to see any potential facility as it operates normally on an everyday basis. 

Once you visit a facility, you should then pay attention to signs of quality care, as well as signs that safety could be an issue.

Indicators of Quality Care in a Nursing Home

Is malnutrition in an Orange County nursing home or assisted-living facility a result of nursing home neglect? The answer to this question is not always straightforward. Malnutrition can be difficult to identify, and in some cases, it can result from health issues that affect the resident. At the same time, malnutrition can be the result of elder abuse or neglect. Accordingly, it is important for anyone with a loved one in a nursing home or assisted living facility in California to understand the causes of malnutrition and common signs of malnutrition linked to elder abuse and neglect. An experienced Orange County nursing home neglect lawyer can provide you with more information, and we can speak with you today about taking action if an elderly loved one has experienced harmful malnutrition in a Southern California facility.

Learning More About Malnutrition

What is malnutrition? According to the World Health Organization (WHO), malnutrition is a term that “refers to deficiencies, excesses, or imbalances in a person’s intake of energy or nutrients.” It can take different forms, including the form known as “undernutrition,” which tends to result in the most harm for elderly Americans. Undernutrition can involve wasting, being underweight, and having important micronutrient deficiencies or insufficiencies. While malnutrition can affect people worldwide of any age, it tends to have the most significant impact among older adults in the US. 

At California Nursing Home Law Group, we have years of experience handling a wide range of nursing home and assisted living neglect cases. We have seen the devastating effects that negligence can have on some of the most vulnerable members of society—those entrusted to nursing homes for care and safety.

While nursing home neglect can take many forms, there are five specific types of cases that we most commonly encounter. These include bed sore cases, falls with injuries, failure to take action after an obvious change in health condition, wandering away from the facility, and physical assault. Below is a breakdown of each type of case and the troubling signs associated with nursing home neglect.

  1. Bed Sore Cases

Whether an older adult with a chronic health condition is residing in a skilled nursing facility, assisted-living facility, memory-care facility, or other location in Los Angeles County, studies have shown that these seniors tend to be more vulnerable to abuse and neglect. In particular, older adults with dementia and other forms of cognitive impairment are often targets of elder abuse in nursing homes and related facilities, and their conditions frequently prevent them from recognizing or reporting the abuse themselves. Yet, according to a recent article in McKnight’s Long-Term Care News, a new study focused on the Comprehensive Older Adult and Caregiver Help (COACH) method might be able to reduce the likelihood of physical and emotional abuse. 

Could this method also be applicable to caregivers who are employed by nursing homes and assisted-living facilities in Southern California? Our Los Angeles County nursing home abuse and neglect lawyers can say more.  

Learning About the COACH Method

Elder abuse and neglect in Orange County often result in severe and deadly resident injuries in nursing homes. Abuse can take many different forms, from intentional physical, emotional, or sexual abuse to passive neglect. To be clear, even when a staff member or other employee of a nursing home does not intend to cause harm, failing to attend to a resident’s health needs can result in serious harm for which the facility can be liable. Likewise, injuries resulting from intentional harm can also result in successful nursing home abuse and neglect claims against the facility, as well as the perpetrators. While studies underscore that nursing home abuse and neglect injuries occur with some frequency, they also highlight that abuse and neglect often go unreported.

To be sure, some studies suggest that the underreporting of nursing home abuse and neglect means that rates of harm are significantly higher than data currently indicate. Why is nursing home abuse and neglect underreported? There are many potential reasons that various studies have addressed, but a new study conducted by researchers at the University of Connecticut argues that fears of retaliation are central to understanding the problem. What do you need to know? Our Orange County nursing home negligence lawyers can say more.

Common Reasons for Abuse and Neglect Underreporting in Southern California Nursing Homes and Assisted-Living Facilities

Nursing home abuse occurs frequently, but it can still be difficult to spot or identify if you do not know what to look for. Quite often, friends and family members of older adults in nursing homes are in the best position to spot injuries that may have resulted from abuse or neglect, so it is critical to know what you should be observing and reporting. Our Orange County nursing home abuse and neglect attorneys have tips. The following are the top ways to spot nursing home abuse in Orange County.

Learn About Different Forms of Abuse and Neglect

Nursing home abuse and neglect can take many different forms, so it is critical to understand the types of abuse that can occur. Those forms of abuse typically include physical abuse, emotional or psychological abuse, sexual abuse, willful deprivation, and passive neglect.

Do nursing homes in San Bernardino County and elsewhere in Southern California have enough staff members to prevent resident injuries due to negligence? Nursing homes have a duty to provide residents with the specific types of care they need, and when a facility is understaffed and a resident suffers an injury as a result of the understaffing, the facility may be liable. According to a recent report in The New York Times, federal officials have proposed new rules for increasing the number of staff members at nursing homes throughout the country. How do the newly proposed standards compare with current requirements in California? And what should you do if you believe an elderly loved one at a nursing home suffered serious or deadly injuries due to neglect and understaffing?

Our San Bernardino County nursing home neglect lawyers are here to help, and we can tell you more.

Learning More About the Newly Proposed Federal Rules

Do nursing homes in Los Angeles County have the capacity to provide appropriate care to residents with mental illnesses, or are facilities that house large populations of residents with mental illnesses more likely to be sites where injuries arise out of nursing home negligence? According to a recent KQED podcast, while nursing homes are typically thought of as spaces for older adults who need assistance with care due to physical incapacitation or cognitive impairment, “a new LAist investigation finds that thousands of people with serious mental illness are living in California’s nursing homes,” and it could potentially be a violation of federal law. In addition, nursing homes with high rates of residents with mental illness could put other residents at risk of abuse or could take necessary care time away from residents who need assistance with various activities of daily living (ADLs).

What should you know about mental illness and nursing home negligence in Southern California? Our Los Angeles nursing home neglect lawyers can tell you more. 

Nursing Homes Not Designed to Care for Residents With Serious Mental Illness

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