Articles Posted in Elder Abuse

May 5, 2015

Proposed Legislation for RCFE Reform and Excluded Persons Lists

In California, elder abuse isn’t limited to nursing homes. To be sure, residential care facilities for the elderly (RCFEs), which are also known as assisted-living facilities, retirement homes, and board and care homes, have been cited for numerous instances of elder abuse and neglect. And given that RCFEs only provide incidental medical services, these facilities aren’t subject to the same regulations as nursing homes. Which ones are safest for your elderly loved one? And which facilities haven’t been implicated in recent nursing home abuse allegations? Proposed legislation seeks to help Californians with these important questions.

New Bill Aims to Provide Access to Elder Abuse Information

Many RCFEs exist throughout the state of California. According to the California Department of Social Services, they offer services ranging from personal supervision and assistance with activities of daily living to medical services that are incidental to personal care. How can consumers know which of these facilities will provide the best care to their elderly loved ones?

April 17, 2015

California Begins Clearing Nursing Home Complaint Backlog

by Walton Law Firm

Over the past year, elderly California residents and their family members have been made all too aware that, if they file elder abuse complaints, the Department of Public Health isn’t likely to respond in a timely manner. However, according to a recent article in California Healthline, testimony given in a joint legislative hearing emphasized that “progress has been made in clearing a huge backlog of nursing home complaints, and steps have been taken to ensure it won’t happen again.”

Department of Public Health Discusses Progress

Last October, a report from a state auditor revealed that the California Department of Public Health had a backlog of about 11,000 complaints concerning elder abuse in nursing homes and related facilities. According to Elaine Howle, the California state auditor, “many of them were urgent and serious complaints, and others were designated as high priority.” Of those complaints, Howle indicated that around 40 percent of those in the backlog fell into the category of “immediate or non-immediate jeopardy designations.”

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.

April 2, 2015

Pilot Program for Elder Abuse Victims

by Walton Law Firm

When older adults become victims of elder abuse in their own homes, do they have any options to escape the violence? According to a recent article in the Orange County Register, more elderly adults are reporting that they’ve been the victims of physical abuse in Southern California, and the Orange County Elder and Dependent Adult Abuse Registry received more than 9,000 such reports last year alone.

Elder Abuse on the Rise in Orange County

Over the last 10 years, the Orange County Elder and Dependent Adult Abuse Registry has received a 74 percent increase in reports of abuse. Between 2013 and 2014 alone, the reported cases of abuse rose by nearly 14 percent. Of those calls, more than 75 percent involved seniors aged 65 and older. Yet experts suspect that the number is actually much higher. In other words, numerous cases simply go unreported.

March 26, 2015

Felony Elder Abuse Charges in Castro Valley Case

by Walton Law Firm

Back in 2013, a number of elderly residents in a Castro Valley facility were abandoned, “left without proper staffing or care for two days,” according to a recent article in the San Jose Mercury News. Now, the owner and administrator from the facility, Valley Springs Manor, “have been charged with felony elder abuse and could face up to 17 years in prison if convicted.”

Indictment for Felony Elder Abuse

Who can be held liable for the serious allegations concerning nursing home abuse in Castro Valley? Based on an announcement from California Attorney General Kamala Harris, both the owner of Valley Springs Manor, Herminigilda Manuel, as well as a top administrator, Edgar Babael, have been indicted on 14 felony counts of elder abuse. Manuel was arrested by agents from the Department of Homeland Security at San Francisco International Airport, and a warrant has been issued for the arrest of Babel.

March 17, 2015

Court Prohibits California Health Department from Hiding Nursing Home Citations

by Walton Law Firm

According to a recent report from CBS Sacramento, a California court made clear that “health officials may no longer hide from public view all the relevant details about citations issued to hospitals and nursing homes.” To be sure, the California Supreme court unanimously decided that “only the names of patients may be omitted when the California Department of Public health releases records describing the sanctions it imposed on long-term care facilities for providing improper care or endangering clients.”

Will this decision help to address issues of nursing home abuse and elder neglect across the state?

Background of the Center for Investigative Reporting Case

March 11, 2015

Sexual Abuse Reported at Nursing Home

by Walton Law Firm

When most of us think about elder abuse or neglect, we tend to imagine horror stories about staff members getting into physical altercations with residents or failing to take care of patients in need. However, sexual assault can happen at nursing homes and assisted-living facilities, too. According to a recent article from the Marin Independent Journal, a female Greenbrae nursing home resident sued the facility for elder abuse after contending that she was sexually assaulted during her residency. Now, authorities with the California Department of Public Health are investigating the incident.

Nursing home abuse can take many forms, including sexual abuse. If you have concerns that your elderly loved one has been the target of elder abuse or neglect, you should seek advice from an experienced San Diego nursing home abuse lawyer.

Details of the Greenbrae Sexual Assault

March 4, 2015

Nursing Home Cameras and Elder Abuse Prevention

by Walton Law Firm

Many Californians have loved ones in nursing homes or assisted-living facilities. While we want to put our trust in these facilities and to believe that they are treating our elderly parents and relatives properly, many of us worry about the risks of nursing home abuse and neglect. According to a recent article from NBC San Diego, local families want to install cameras in patient bedrooms, “but they are facing a roadblock from the state.”

Documenting Elder Neglect in Southern California

Why wouldn’t the state want to use video cameras in patient rooms to monitor for elder abuse or neglect? According to Joe Balbas, the co-owner of Vista Gardens, “elderly patients in nursing facilities should have the option of having security cameras in their room[s].” Vista Gardens is a residential facility for patients with Alzheimer’s and other forms of dementia. Balbas believes that installing cameras in rooms—at the request of patients and their families—could help to prevent serious injuries.

February 25, 2015

Elder Abuse and Assisted-Suicide Legislation

by Walton Law Firm

Many Californians are in favor of legislation that would permit assisted suicide in certain situations, yet some elder advocates worry that such legislation won’t have sufficient safeguards to protect against elder abuse. According to a recent article in the Modesto Bee, the Death with Dignity bill, or assisted-suicide legislation, can have “many unintended consequences” that can negatively impact elderly Californians.

Pressure to Agree to Assisted Suicide

The article in the Modesto Bee provides the viewpoint of a former hospital social worker, whose “primary concern is for individuals who might feel pressured into ending their lives.” While assisted suicide may allow individuals with terminal illnesses to end their lives on their own terms, there’s a real concern that such legislation can be dangerous when it comes to “those who might not have a strong support system; access to health care, palliative care, and hospice; or the benefit of a loving, caring family.”

February 18, 2015

New Jobs in Department of Public Health Aim at Preventing Elder Neglect

by Walton Law Firm

Amidst news reports of elder abuse and neglect in assisted-living facilities, nursing homes, and residential care facilities for the elderly (RCFEs) across the state, the California Department of Public Health (CDPH) has been criticized for its failure to investigate. What did it fail to investigate, exactly? Elderly patients and their families argue that they reported nursing home abuse incidents to the CDPH, yet they contend that the department didn’t investigate those complaints in a timely manner and failed to properly fine the responsible facilities.

More Funding for Elder Abuse Investigations

According to a recent press release from the California Advocates for Nursing Home Reform (CANHR), Governor Jerry Brown has proposed a budget for the coming fiscal year that would “add more than $30 million and about 260 positions for the Licensing & Certification Division of the California Department of Public Health.” Yet, the most surprising part of the new budget isn’t merely about licensing and certification. Rather, as the CANHR suggests, it’s about taking complaints about nursing home abuse investigations more seriously.

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