Articles Posted in Elder Abuse

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red_coatWhen an elderly California resident requires care in a nursing home, it is often because he or she can no longer live at home and requires more care than a place such as a residential care facility for the elderly (RCFE) or assisted-living facility might be able to provide. However, according to a recent article from the Associated Press, nursing home patients who are more challenging and for whom it is more difficult for staff members to provide care are being targeted for eviction. The topic of nursing home evictions and elder abuse has been an issue for several months now, with advocates arguing that nursing homes and other facilities are refusing to readmit patients following hospital stays. For example, an NPR report emphasized the severity of these allegations and the implications for senior health and well-being.

Yet now, according to an analysis conducted by the Associated Press, it looks as though patients at skilled nursing facilities who require more extended care than other patients may also be subject to wrongful evictions. When elderly patients who need nursing home care are evicted without warning and for reasons beyond the resident’s control, are we looking at situations of nursing home abuse?

Seniors with Dementia Alleged to be Targeted by Skilled Nursing Facilities

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handsOne of the largest nursing homes in Stockton, CA is facing numerous allegations of nursing home abuse and neglect, according to a recent article from Recordnet.com. Reports from patients and their families allege lack of privacy, physical abuse, and serious neglect at Wagner Heights Nursing and Rehabilitation Center. What else do you need to know about these allegations? Can they help families to understand the importance of researching a nursing home or assisted-living facility before allowing an elderly loved one to become a resident at a facility without the best patient ratings?

Serious Citations at Wagner Heights Nursing and Rehabilitation Center

Based on data provided by California Advocates for Nursing Home Reform (CANHR), Wagner “has been issued the greatest number of serious citations going back to 2010 . . . of any skilled nursing home in Stockton.” Over the last six years, it has received six serious citations. Why were those citations issued? According to the article, the following represent some of the most serious fines levied against Wagner Heights:

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file3451272140532We often discuss cases of nursing home abuse and neglect in San Diego, and in facilities throughout the state of California. But when we talk about filing an elder abuse or neglect lawsuit, what exactly do we mean? In other words, what elements must be present in order to have a valid elder neglect claim? To better understand how suspicions of nursing home abuse or neglect can result in a lawsuit, we should take a closer look at both the signs of neglect, as well as the elements of the laws that prohibit it.

Recognizing Signs of Elder Neglect

Before we look at the specific elements of neglect and abuse outlined by the California Elder Abuse and Dependent Adult Civil Protection Act, we should take a look at the signs and symptoms of neglect and physical abuse. A fact sheet from the Administration on Aging (AoA) lists the following as signs and symptoms of elder neglect:

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money walletWhen patients allege that a nursing home is responsible for injuries caused by elder abuse and neglect, what can they expect to receive in damages if they settle or win a case? According to a recent article in The Press Democrat, a “high-end Santa Rosa nursing home has agreed to pay $1 million to settle a wrongful death and elder abuse lawsuit alleging it allowed a patient to die from complications of a bedsore.” The settlement goes to show that nursing home abuse can happen at any level of facility—even at the most seemingly posh facilities—and elder abuse claims can result in substantial settlements.

To better understand the allegations, we should take a closer look at the case. In the meantime, if you have concerns about an elderly loved one’s safety in a California facility, you should speak with an experienced San Diego nursing home abuse attorney to learn more about filing a claim for compensation.

Brookdale Fountaingrove Nursing Home Agrees to Million Dollar Payout

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file3451272140532If you live in a nursing home, do you have the same rights as a tenant who rents a home from a landlord? According to a recent report from NPR, numerous nursing home residents who live the facility for a temporary inpatient hospital visit return to the nursing home only to learn that they have been evicted. As the article makes clear, this pattern results each year in thousands of nursing home residents finding themselves without a place to live, and that often leads to less-than-ideal situations that can involve elder abuse. Currently, federal law protects nursing home residents from these kinds of evictions, but as the article underscores, “those rules are rarely enforced by the states.” As such, California nursing home residents have decided to file claims against the state of California.

Plaintiffs File Claims Over Nursing Home Evictions

According to the NPR report, when nursing home residents cannot return to their rooms at the nursing facility, they are left with very expensive hospital bills and often the inability to receive the specific kind of care provided in a nursing home. For instance, one plaintiff who was evicted from his nursing home is currently living in his hospital room at Sutter Medical Center in Sacramento. At the end of May 2015, his nursing home sent him to the hospital to receive treatment for pneumonia. However, once the pneumonia had been treated, the nursing home would not readmit him. As such, he has been living at the hospital for about 260 days now. The financial costs are very high: Medicaid is paying “about 2.5 times what his nursing home cost.”

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IMG_0256California and a number of other states have passed laws that permit nursing homes to install cameras and other electronic recording equipment in the private rooms of patients in order to contend with nursing home abuse allegations. These cameras are not intended to invade a resident’s privacy, but rather will only be installed upon the request of a resident. Many elder advocates have praised these laws, suggesting that nursing home staff members will be less likely to engage in acts of abuse if they know they will be recorded on camera. However, according to a recent article in the Pacific Standard, such laws may not be getting at the root of the problem. And as such, laws allowing cameras in nursing homes might not be doing enough to combat the issues at the heart of nursing home abuse and neglect cases.

Recordings to Substantiate Claims of Elder Abuse

According to the article, installing cameras in residents’ rooms at nursing homes intervenes in the issue of elder abuse a bit too late in the process. Rather than exploring the reasons that people engage in acts of nursing home abuse, the cameras (and the footage they record) aim to substantiate claims of abuse when they happen. Or, at best, they might discourage an employee from abusing a particular resident who has a camera installed in his or her room.

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handsHow Do We Define Nursing Home Abuse in San Diego?

When we are trying to learn what constitutes nursing home abuse or elder neglect, where do we turn for information? One of the primary sources for information on elder abuse is the National Center on Elder Abuse (NCEA), which is directed by the U.S. Administration on Aging (AoA). The NCEA provides important statistics about elder abuse and neglect across the country, as well as fact sheets that can help us to distinguish among different forms of abuse and to determine whether our elderly loved have been subject to some form of nursing home neglect. In Southern California, we are also fortunate to have the resources provided by the California Advocates for Nursing Home Reform (CANHR). Indeed, CANHR helps to sponsor bills aimed at preventing nursing home abuse in our state.

Are these resources sufficient to raise awareness among the greater public about the prevalence of nursing home abuse and neglect in California and across the country? According to a recent article in Long-Term Living, there is a new joint effort by the Centers for Disease Control and Prevention (CDC and the National Center for Injury Prevention and Control to “publish national definitions for various aspects of elder abuse.

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file851332343852When San Diego seniors sustain injuries as a result of nursing home abuse, physicians often are in a distinct position to recognize the signs of abuse or neglect. Yet healthcare providers do not always identify these symptoms when they see them, and thus patterns of abuse can continue. In a recent article in Emergency Medicine News, one emergency physician in Southern California discusses the limitations of identifying elder abuse and the growing connection between medical malpractice and elder abuse claims.

Difficulty in Obtaining Accurate Patient Histories

Over the last decade, physicians have seen more and more older patients. Given that the number of Americans who are aged 85 and older is growing—and will continue to increase rapidly over the coming decades—more emergency room physicians are seeing elders. But the physician in the article warns that emergency medicine specialists need to be careful to avoid taking shortcuts when it comes to treating elderly patients. While healthcare providers in emergency departments are encouraged to work efficiently, or “faster,” as the author intimates, we need to slow down when seniors come in with injuries that could have been caused from nursing home abuse.

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file1251238100316Fact sheets provided by the National Center on Elder Abuse (NCEA) and the Administration on Aging (AoA) emphasize that elder abuse is a common phenomenon, likely affecting at least 10% of seniors in America. Yet those organizations also note that nursing home abuse and neglect are widely underreported, meaning that we do not necessarily have all the facts we need in order to think through new and better ways of combatting nursing home abuse and neglect. According to a recent report from Fox News Health, researchers are voicing similar concerns about the limitations of our current knowledge.

A new research review noted that “maltreatment and abuse have important effects on the health, quality of life, and even on the lifespan of elderly people, but there is very little evidence on ways to stop it.” Recognizing signs and symptoms of nursing home abuse is an important step in putting a stop to abuse. But do we really know the best prevention methods when we may not have a completely accurate picture of the prevalence of elder abuse?

Looking Back at Studies of Elder Maltreatment

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file000356994816Nursing home neglect is a serious problem that can result in severe personal injuries to the elderly. Signs of nursing home neglect, according to a fact sheet from the National Center on Elder Abuse (NCEA) and the Administration on Aging (AoA), often include “hazardous or unsafe living conditions,” as well as “unsanitary and unclean living conditions.” A recent article in the Contra Costa Times identifies a former elderly care home in Castro Valley that is currently under investigation by state and county agencies for “cramped and dirty conditions.”

What happened in this elderly care home, and why did it take so long for authorities to learn about potentially hazardous conditions inside?

Filthy Living Conditions and Absentee Caregivers Signal Cause for Alarm

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