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Articles Posted in Elder Abuse

Nursing home abuse and neglect can take many different forms in San Diego County, from physical abuse to emotional or psychological abuse. While many families know the warning signs of physical abuse or passive neglect, such as restraint marks, bruises, or bedsores, knowledge about sexual abuse in the nursing home setting is less common. Yet a recent case in El Cajon serves as a warning about nursing home sexual abuse and the serious risks that seniors face. According to a recent report from KPBS News, a 73-year-old woman was sexually assaulted by a staff member at the El Cajon nursing home, and the nursing home failed to take the necessary steps to hold the staff member accountable. 

Nursing Assistant Sexually Abuses Elderly Patient

According to the report, the nursing home sexual abuse occurred at Avocado Post Acute nursing home in El Cajon, California. The 73-year-old patient who sustained the abuse described it as “one of the most horrifying experiences of her life.”

Nursing home residents in Orange County have a wide variety of rights under California law, which are designed to protect nursing home residents from elder abuse and neglect. Much too often, seniors in skilled nursing facilities in Southern California are still subject to poor care and intentional abuse, and many suffer serious or life-threatening injuries as a result. However, it is still important for older adults and their families to know what their rights are under California law. 

Even if the existence of nursing home residents’ rights are insufficient to prevent nursing home abuse or neglect from happening in the first place, recognizing rights and understanding when they have been violated may allow a senior or her family to take action by filing a claim against the facility or a particular healthcare provider. The following are examples of the resident rights in Orange County nursing homes.

General Residents’ Rights in California Nursing Homes

Nursing homes in San Bernardino County and throughout the state of California have a duty to patients when it comes to infection-control measures and preventing the spread of COVID-19. Yet many facilities have not provided the type of protection that is necessary for seniors, resulting in serious and deadly COVID-19 infections. When a nursing home fails to provide the type of protection to seniors that is necessary to avoid infection with a deadly virus, the nursing home may be liable for negligence. According to a recent report in Becker’s Hospital Review, hospitals and nursing homes across California are facing tens of thousands of dollars in fines for “lax coronavirus protection.” 

Lack of Personal Protective Equipment (PPE)

One of the most important infection-control measures for nursing homes is providing personal protective equipment (PPE) to staff. PPE helps to prevent nursing home staff members from contracting the virus in a nursing home, but also from spreading it to patients within the facility. According to the article, the California Occupational Safety and Health division is currently proposing more than $77,000 in fines for five skilled nursing facilities and hospitals in the state for failing to provide adequate PPE.

If you are considering a nursing home abuse lawsuit in Riverside County, you are likely wondering what steps you will need to go through during the claims process, and how the lawsuit will work more generally. The most important part of any nursing home abuse lawsuit is hiring an experienced nursing home abuse attorney who can help you to hold the nursing home and any other parties accountable. While each lawsuit will have its own particularities based on the facts of the case, the following are general steps that you can expect in a nursing home abuse lawsuit.

 
Meeting With a Nursing Home Abuse Attorney

 
The first step in any nursing home abuse case is to meet with a nursing home abuse lawyer in order to receive case evaluations and to select an attorney for your case. When you first meet with a nursing home abuse attorney in Riverside County or elsewhere in Southern California, that lawyer will evaluate your case and will provide you with more information about what you should expect in the case and what type of compensation you might be able to expect.

The prospect of filing a nursing home abuse lawsuit in San Diego County can feel daunting, especially if you are unsure about whether it makes sense to begin the process of taking action against a particular facility. The most critical thing to remember is that, if you have any suspicions about nursing home abuse or neglect, it is always a better idea to do something than to hope that your concerns are misplaced. Much too often, nursing home abuse occurs—and continues to happen—because nobody takes action to stop it. An experienced San Diego County nursing home abuse attorney can help you to understand whether you have a valid claim, and what steps you need to take in order to move forward with a lawsuit.

 
In the meantime, the following are some commonly asked questions about nursing home abuse claims, along with answers to help you get started.

 
How Does California Law Define Nursing Home Abuse?

If you are considering filing an elder abuse claim in Los Angeles County, it is important to understand how much time you have to file a lawsuit. All civil lawsuits have what is known as a “statute of limitations,” which creates a time window for filing a claim. If a plaintiff does not file his or her lawsuit within that time window, the claim can become time-barred. A time-barred claim is one that is barred from being filed because the statute of limitations ran out. In some cases, it can be possible to pause the statute of limitations, which is known as tolling. In the meantime, the following is some important information about the timeline for a nursing home abuse claim.

 
Statute of Limitations for a Negligence Claim

 
Many nursing home abuse and neglect cases are filed as negligence claims under California law. Like many other personal injury lawsuits, the statute of limitations in these cases is two years under Section 335.1 of the California Code of Civil Procure. How does the statute of limitations relate to filing a claim, and when does the “clock” start ticking? In most negligence cases, including claims for injuries resulting from nursing home abuse, the clock on the statute of limitations will start to “tick” on the date of the injury, or the nursing home abuse incident.

Prior to the start of 2020, nobody was considering the ways in which a global pandemic could impact a senior’s risk of suffering injuries as a result of nursing home abuse and neglect. Yet the coronavirus pandemic has, for many older adults, made things worse. According to a recent article in MarketWatch, the pandemic has meant that “many older adults have become more vulnerable” and are suffering harm that otherwise could have been prevented.

 
Whether you currently live in a nursing home in San Bernardino County or have an elderly loved one in a skilled nursing facility in Southern California, it is essential to learn more about elder abuse risks during the pandemic and what can be done to mitigate them.

 
Facilities Refusing to Allow Residents to Reenter

When you have an elderly parent in a Los Angeles County nursing home or another loved one receives daily care in a skilled nursing facility in Southern California, it is essential to understand the rights that an older adult has under California law, and how a dangerous facility can be held accountable for resident injuries. Given that so many nursing home residents are contracting COVID-19 as a result of poor infection-control measures and policies in nursing homes across the country, and many seniors are dying from COVID-19 infections in California skilled nursing facilities, it is important for all Los Angeles County residents to know more about protections under state law.

The primary law that protects nursing home residents and provides a remedy for safety violations is the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). We want to provide you with some frequently asked questions and answers about this law.

What is the EADACPA Designed to Do?

eduard-militaru-Q4PvX80itZ0-unsplash-copy-300x200Are changing demographics at nursing homes in Orange County, California impacting rates of elder abuse and neglect in those facilities? According to a recent article in McKnight’s Long-Term Care News, new research considering the effects of the Omnibus Budget Reconciliation Act of 1987 (OBRA 87) is having more of an impact on nursing home demographics than many of us might expect. In short, more nursing homes are admitting patients from hospitals, the diversity of nursing home residents has increased, and the overall percentage of nonprofit nursing homes and other facilities has risen. 

Researchers believe that these shifts should continue as we move into the future, and that they may help to reduce the rate of nursing home abuse and neglect in some instances. The research cited in the article appeared in the Journal of Post-Acute and Long-Term Care Medicine this month. We want to tell you more about the findings.

OBRA 87 was Supposed to Improve the Quality of Care in Nursing Homes

dominik-lange-VUOiQW4OeLI-unsplash-1-copy-300x200The population of Southern California is aging rapidly, as it is in many other regions of the state and the country. As more older adults require care in nursing homes and move into assisted-living facilities, those seniors may be at greater risk of suffering injuries as a result of elder abuse and neglect. Yet most instances of nursing home abuse or neglect are preventable. Indeed, if California nursing facilities had more staff members, had better screening processes for elder care licenses, and took more steps to prevent injuries like falls in nursing homes, fewer older adults would get hurt. According to a recent article in StateofReform.com, several new laws will take effect in California in 2020, and many of them are designed to help older adults. 

We want to tell you more about these laws and to explain how they may help to prevent senior injuries in nursing homes and assisted-living facilities.

SB 280: Reassessing the California Residential Code and Fall Prevention

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