Articles Posted in Elder Abuse

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As lawmakers in our state continue to think about elder abuse and the salient problems with California assisted living facilities, some of these residences are being ordered to pay damages for the harms they’ve inflicted on the elderly. According to a recent article in the Long Beach Press Telegram, a jury recently said that an assisted living facility in downtown Long Beach is liable for “hundreds of thousands of dollars in damages” connected to one resident’s spinal injury.

Has your elderly loved one suffered abuse or neglect in a California residential care facility? This is an important concern in our state, and juries take these cases very seriously. You should speak to an experienced San Diego nursing home abuse attorney about filing a claim for compensation.

Details of the Residential Care Facility

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What happens when elderly adults spend some time in the hospital but aren’t officially admitted? In these situations, patients are typically classified as simply being under observation. This “observation only” status can limit older adults’ chances for Medicare nursing home coverage once they’re discharged from the hospital, according to a recent article in the New York Times. Can this lead to elder abuse conditions? And how is this happening? In order to be eligible for certain Medicare benefits, an elderly patient “must spend three consecutive midnights in the hospital—not counting the day of discharge—as an admitted patient in order to qualify for subsequent nursing-home coverage.”

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More than one year ago, the California Hospital Association (CHA) recognized the problems that arise because of the “observation status” that many older adults end up with during a hospital visit. The CHA reported on an amicus brief filed by the American Hospital Association (AHA) in connection with a federal lawsuit in which Medicare beneficiaries contested the use of an “observation status” to later deny nursing-home coverage. This past December, AARP released a report that argued certain medical facilities intentionally place older adults under observation—as opposed to admitting them—for Medicare purposes, according to California Healthline. As you can see, this is an issue that’s relevant in California and across the country. What are the key issues at stake, and how can elderly citizens receive the care they need?

What Does “Under Observation” Really Mean?

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It’s clear that many hospice centers have become part of a profit-seeking industry in the United States. Indeed, the recent article in the Washington Post concerning illegitimate marketing and hospice overuse may be plaguing many parts of the country. But what about seniors who are admitted to hospice care and then discharged without getting any better? Is our country in need of elder care reform? An article in the New York Times suggests that there may be another significant problem with the hospice industry that lies more with the Medicare Hospice Benefit of 1983.

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Do you have questions about caring for an elderly loved one? The experienced nursing home abuse lawyers at the Walton Law Firm can speak to you today.

Elements of the Medicare Hospice Benefit

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Profiting from Bad Hospice Ethics

Last week, we discussed a recent phenomenon in the hospice care industry that’s quickly becoming an elder abuse concern. Specifically, hospice—a form of care designed to allow “patients to die at home or in other familiar surroundings,” according to an article in the Washington Post—has turned into a financially lucrative business. But is it an ethical one? Are hospice companies acting outside the boundaries of the law? And is it possible to take legal action against hospice chains that recruit patients who aren’t suffering from a terminal illness?

Old%20Dying%20Woman.jpgFirst, it’s important to have a clear idea about why hospices are bringing in relatively healthy older adults, and how these companies are profiting from non-terminal patients. How did this start to happen? In short, many hospice care centers have begun recruiting patients with aggressive marketing tactics, and many of those patients aren’t terminal. It’s in the financial interest of a hospice chain to “find patients well before death,” the Washington Post reported. And the reason is simple: “Medicare pays a hospice about $150 a day per patient for routine care, regardless of whether the company sends a nurse or any other worker out that day. That means healthier patients, who generally need less help and live longer, yield more profits.”

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Have you been urged to place your elderly parent in hospice care despite the fact that he or she is not terminally ill? Hospice care is intended for patients who are terminally ill and for whom there is no cure. So why are healthy older adults ending up in hospice? A recent article in the Washington Post revealed that this phenomenon might be a larger problem than we’d like to think. Indeed, over the 2000s, the newspaper reported that the “number of ‘hospice survivors’ in the United States has risen dramatically.” What’s going on? According to the article, “hospice companies earn more by recruiting patients who aren’t actually dying,” since “healthier patients are more profitable because they require fewer visits and stay enrolled longer.”

Hospice.jpgIf you have been pressured to move a parent into hospice care, your elderly loved one might not receive the kind of treatment she or he needs. For-profit companies shouldn’t be allowed to take advantage of older adults. Indeed, we might think of these actions as another form of elder abuse. It’s important to speak to an experienced elder law attorney about your options.

Hospice Discharge Statistics

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About a month ago, the New York Daily News reported that fourteen nursing home residents at Valley Manor Community Care Home, also called Valley Springs Manor, were abandoned in “filthy and unsafe” conditions. According to the article, some of the residents at this Castro Valley, California facility were bedridden, while others were ill and simply required significant care. Reporters from NBC Bay Area referred to the situation as a “botched closure,” as the California Department of Social Services had closed the nursing facility days before but hadn’t accounted for the safety of these residents. At the time, these social services officials closed nursing home “because of deplorable conditions.”

Sheriff%27s%20Badge.jpgWhen we think about transitioning an elderly loved one into a nursing home or an assisted-living facility, we expect that the facility will provide care and won’t engage in acts of nursing home abuse or neglect. However, nursing home abuse occurs more often than we’d like to think. If you’re concerned about a loved one’s safety or care, a California elder justice advocate can discuss your case with you today.

Details of the Nursing Home Shut Down and Resident Abandonment

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Sometimes we forget that nursing home abuse isn’t always physical, and it may not be obvious. Particularly with older adults, abuse can be verbal, and it can wound seniors both emotionally and psychologically. A recent study conducted by researchers at Northeastern University emphasized that older adults typically aren’t openly willing to discuss their experiences with abuse, so the study provided elderly participants with more privacy when responding to questions about mental and physical anguish. According to an article in the New York Times, the study revealed that more than one-third of seniors have suffered physical abuse, usually at the hands of their caregivers.

Yelling.jpgIt’s no secret that elder abuse and neglect is a serious issue in California and throughout the country. Indeed, over the past few months we’ve mentioned that PBS Frontline and other national news outlets, as well as our own local U-T San Diego, have attempted to raise awareness about nursing home abuse and its serious consequences. Are you concerned that an elderly parent or loved one has been abused in a nursing home or assisted-living facility? It is never too early to speak to an experienced California nursing home abuse lawyer.

Studying “Words that Wound” Older Adults

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In recent weeks, news agencies have reported on financial elder abuse and related laws and settlements in California. In connection with some of the elements of financial elder abuse discussed in prior cases, the Los Angeles Times recently reported that an insurance agent carried out serious financial crimes against his elderly aunt. Toward the end of November, the ex-insurance agent was arrested and charged with financial elder abuse connected to acts committed against his own aunt. A press release from the California Department of Insurance explained that the former life insurance agent, Myles Seishin Hanashiro, 47, “was arrested and booked at Los Angeles County Jail on four felony counts of financial elder abuse.”

Behind%20Bars.jpgNursing home abuse and crimes against the elderly can take many forms, and often, financial abuse can be just as harmful as physical or emotional abuse. If you suspect that your elderly loved one has been victimized, it’s never too early to contact an experienced California elder law attorney. At the Walton Law Firm, we know how vulnerable older adults can be, and we can help you to take action today.

Details of the Financial Elder Abuse

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A few days ago, Los Angeles’ local ABC 10 News released an article about the Ensign Group’s agreement to a $48 million settlement related to claims of Medicare billing fraud at six nursing facilities in Southern California. And the Medicare fraud wasn’t the worst of it. According to the article, “the lawsuit also claimed some patients were kept in the nursing homes longer than was necessary.” Indeed, the story quickly became national news, as Market Watch from the Wall Street Journal reported on the pricey settlement brought about by the qui tam (or whistleblower) lawsuit.

Cash%20Stack%20Credit.jpgNursing home abuse has been in the spotlight in California over the last couple of months, and as a result, this news might not come as much of a surprise. But it does emphasize that, even though California elder advocates are creating substantial awareness campaigns, nursing home neglect and abuse continues to occur in our state. Do you have an elderly parent or loved one who currently resides in a nursing home or assisted-living facility? It’s important to make sure that your loved one receives the care she or he needs. If you suspect your older parent has been the victim of nursing home abuse, it’s important to contact an experienced California elder law attorney. The dedicated nursing home abuse lawyers at the Walton Law Firm have been handling these cases for years and can discuss your claim with you today.

Details of the Ensign Group’s Medicare Fraud

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Are you worried that an elderly loved one has been a victim of financial abuse? Each day, older adults become targets for financial scammers. Commentators are concerned that privacy laws are likely to protect some of these financial scammers, preventing elderly victims from seeking justice. According to Herb Weisbaum, “The Consumer Man” for NBC News, there’s a major disconnect in the financial world. “When,” he asks, “does the suspicion that an elderly customer is being defrauded overcome laws protecting privacy rights?” In an earlier post, we mentioned that banks might be “quiet enablers” of this kind of elder abuse.

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The problem of elderly financial abuse occurs across the country, and California isn’t immune. Who is responsible for making sure that older adults aren’t taken advantage of financially? For many victims of elder financial abuse, the ramifications are just as vicious as physical nursing home abuse. If you suspect that your elderly parent or loved one has been the victim of a financial crime, it is important to contact an experienced elder justice advocate. With years of experience handling nursing home abuse and neglect cases in Southern California, the dedicated elder law attorneys at the Walton Law Firm can speak to you today about your claim.

Bank Employees in a Position to Help?

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