Articles Posted in Elder Abuse

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History of the Star Rating System

A recent New York Times article discussed the danger of trusting the Medicare star rating system, providing as an example a five-star nursing home facility in California with a history of elder neglect violations. Last week, we discussed the star rating system and the Rosewood nursing home in the Sacramento area. In sum, the rating system is not helping consucohdranknmomprknsnsmers in the way it claims. How did this rating system rise to prominence, and why are so many Americans willing to trust it without additional investigation?

According to the article, the five-star rating system began in 2007, when Oregon Senator Ron Wyden posed the following question at a congressional hearing: why is it easier to shop for washing machines than to select a nursing home? Two years later, Medicare officials developed the  star rating system, “a move that was applauded by consumer groups, who hope that more transparency would lead to greater accountability.”

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Five-Star Nursing Homes May Not the Best Indicator of Care

Are Medicare star ratings good predictors for the quality of care at nursing homes?  According to a recent article in the New York Times, a facility with a five-star rating may not be what one would expect.  In fact, many five-star facilities have receiIMG_29490008ved fines for injuries related to nursing home neglect.

Rosewood Post-Acute Rehab, a nursing home located in a Sacramento suburb, received a five-star rating from Medicare.  The nursing home “bears all the touches of a luxury hotel, including high ceilings, leather club chairs, and paintings of bucolic landscapes.”  According to the article, getting a five-star rating—the highest possible—is not easy.  Only about one-fifth of all nursing home in the U.S., about 3,000 total, hold this distinction.

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Many of us have heard about assisted living facility reforms pending before the California legislature, as well as those aimed specifically at residential care facilities for the elderly (RCFEs).  But are those reforms sufficient to ensure that California seniors are safe from elder abuse?  According to a recent story from KQED’s State of Health, many elder justice advocates in California do not believe the reforms are going to do enough.

Recent History of Elder Abuse in San Diego

According to Deborah Schoch, an advocate with the California HealthCare Foundation Center for Health Reporting, the number of assisting living facilities in our state essentially doubled over the last 25 years.  For whom are these faciwoman-65675_1280lities designed?  According to Schoch, they are intended for older, healthy adults who are “relatively independent.” Yet many of these facilities have taken in patients who require much more extensive levels of care, and assisted living facilities “are not designed to deliver skilled nursing care.”

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It’s no secret that California assisted living facilities have been in the national news due to reports of nursing home abuse and neglect.  Indeed, over the last year, elder rights advocates have emphasized the need to make information about nursing homes and assisted living facilities readily available to older adults and their loved ones.  Without such information at our fingertips, how will we know which facilities are safe and can provide a high quality of care for our elderly parents?  According to a recent story from KPBS San Diego Public Radio, this kind of information remains pretty difficult to access.

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Lacking Internet Information About California Assisted Living Facilities

According to the recent KPBS story, it’s not easy to access information about the quality of nursing homes and assisted living facilities in Southern California.  For example, Lorid Macri’s mother suffers from dementia, she told KPBS.  At the beginning, Macri cared for her mother.  However, the stress of caring for a dementia patient became “overwhelming.”  And when Macri herself needed hospital care, she realized she needed to find an assisted living facility where her mother could receive quality care.

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When our elderly loved ones require care at a nursing home or assisted living facility, we need to balance the costs of a facility with the quality of care we know they’ll be receiving.  It’s necessary to remember that nursing home abuse and neglect can occur at even the most high-end, expensive facilities, so it’s important to do our research.  But what about older Americans who can’t afford to comparison shop?

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If you have concerns about your elderly loved one’s safety and care in a nursing home or assisted living facility, it’s important to talk with an experienced San Diego nursing home abuse lawyer.  At the Walton Law Firm, we have years of experience handling elder abuse claims in Southern California and can speak to you today.

Rates of Emotional and Physical Abuse Among Seniors

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Many of us in the San Diego area have seen commercials for liquid nutritional supplements, particularly those marketed toward older adults.  According to a story in the New York Times, these bottles have become “staples in older people’s refrigerators, in nursing homes and assisted living facilities, and in hospitals.”  As such, it’s only logical to assume that these liquid supplements are healthy and can even benefit the elderly.

However, a recent set of recommendations from the American Geriatrics Society suggested that these drinks aren’t as beneficial as their manufacturers would like us to believe.  Indeed, replacing elderly adults’ meals with these liquid supplements may even rise to the level of nursing home neglect.

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Dangers of Boost, Ensure, and Other Supplement Drinks for the Elderly

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We often think about staff members and other employees at nursing homes and assisted living facilities when we worry about whether our elderly loved ones are receiving proper care.  However, spouses, children, and other close relatives of older adults can commit elder abuse, too.  Indeed, anyone can commit elder abuse.  And a recent article from NBC San Diego reports that a woman from La Jolla, Victoria Turner, who has already been accused of abusing her now-estranged husband, attempted to make her way into a care facility in order to force him to sign legal documents.

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Details of the La Jolla Elder Abuse

Back in March, Robert Stella was “rescued from the garbage and filth in his own home,” where Turner was supposed to be caring for him, according to NBC San Diego.  Stella recently turned 91 years old.  In addition to allowing Stella to reside in a home that was “cluttered and filthy,” Turner has also been accused of tying him to his bed.  Turner is almost 40 years younger than Stella, and she’s currently under investigation for elder abuse, as well as animal neglect and cruelty.

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Does the number of staff relate to the level of care in nursing homes and assisted living facilities?  According to a recent article in McKnight’sLong Term Care News Online, a new study suggests that staffing levels at nursing homes do in fact “correlate with better quality of care.”  But what does this mean, exactly?  Does simply hiring more staff mean that nursing home residents will be less likely to suffer from nursing home neglect, or should nursing homes invest in specific types of staff members with particular skill sets?

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The study, which appeared late last month in Health Economics, suggests that mandatory staffing regulations often result in caregivers with less skill—in short, fewer registered nurses.  And registered nurses could be precisely what many nursing home residents need in order to obtain necessary care.  If your elderly loved one has sustained injuries as a result of nursing home abuse or neglect, you should talk with an experienced San Diego nursing home abuse lawyer as soon as possible.  A dedicated elder justice advocate at the Walton Law Firm would be happy to discuss your case with you today.

Details of the Study

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California Seniors and Fraudulent Telephone Calls

Older adults are becoming especially susceptible to elder financial abuse, and a recent article in the San Mateo Daily Journal suggests that police have noticed a “rise in fraudulent telephone scams that target seniors.”  Elder abuse can take many different forms, and scammers often prey upon older adults who aren’t familiar with new financial technologies and have money saved.  And this form of abuse can occur anywhere—at the home of a caregiver or at a nursing home.  For example, we recently wrote about a financial abuse scheme at a Palo Alto care community for the elderly.

Old Lady
What have some of the recent scams looked like?  According to the San Francisco police, there’s a new telephone scam in California in which an older adult receives a phone call from a person who claims to be a paralegal who is calling from the Attorney general’s office.  The caller then tells the elderly victim that there’s “a warrant for her arrest” and that she’ll need to “pay a fee by using a Vanilla prepaid cash card, or risk being sent to jail.”  When the scam first was reported by a woman in South San Francisco, the victim described the caller as having a “Russian accident.”

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Helping Caregivers to Help the Elderly through Education

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How can caregivers best spot patterns of elder abuse after their loved ones return from medical appointments or adult daycare?  And how should caregivers handle older adults who act abusively toward medical staff or other persons involved in their care and treatment?  According to a recent news report from Aging Today, a bimonthly newspaper published by the American Society on Aging, elderly caregivers in America aren’t provided with sufficient education about elder abuse.

The news report recently made it into the hands of Californians with the help of the Center of Excellence on Elder Abuse & Neglect.  The Center, housed at the University of California, Irvine, seeks to bridge the academic side of elder neglect with important issues of medical and legal practice.  In addition to conducting research, the Center aims to provide education to California residents and other community members by hosting the Elder Abuse Training Institute, which “identifies the most pressing training needs in elder mistreatment.”  The educational programs are interdisciplinary, moving among medical, sociological, and legal issues.

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