Articles Posted in Elder Abuse

james-williams-502481-unsplash-copy-300x225Is the state of California doing enough to penalize skilled nursing facilities in Escondido and throughout North County that are putting their patients’ health and safety at risk? According to a recent article from California Health Report, the California State Auditor issued a report declaring that “California’s skilled nursing facilities are increasingly putting their residents’ health in jeopardy, yet the state is failing to adequately crack down on the problem.” In other words, patients may be suffering injuries as a result of nursing home abuse or neglect, but state agencies are not doing enough to punish and prevent those incidents.

What else should seniors in Southern California and their families know about nursing home abuse and the details of the recent report?

Increase in Substandard Care at California Skilled Nursing Facilities

sergey-zolkin-21232-unsplash-copy-300x200In San Marcos and throughout San Diego County, new plans are being developed to combat elder abuse and to make Southern California a safer place for seniors. According to a recent article in U.S. News & World Report, San Diego County has long been named as a desirable place to live and a great location to take a family vacation. Recently, the area’s “above-average score in public safety” meant that it made the U.S. News & World Report ranking of “America’s Top 500 Healthiest Communities” out of more than 3,000 nationwide. That ranking means that, on average, San Diego County residents are among the healthiest—and happiest—in the country. In fact, the San Diego metro area is growing yet remains one of the safest in the U.S. But does the same hold true for elderly residents of San Marcos and other parts of North County?

According to the article, San Diego County District Attorney Summer Stephan is working on a “blueprint” to help stop, prosecute, and eventually prevent nursing home abuse and elder neglect in the area.

District Attorney’s Office Focuses on Senior Safety Concerns

jorge-lopez-284336-copy-300x200When you have an elderly loved one with mental health issues in San Clemente, it can be difficult to find a skilled nursing facility that can provide the type of care, as well as the quality of care, that your family member needs. Having a loved one with a mental health issue can mean that she or he may be more vulnerable to nursing home abuse or neglect, or at least the ability to identify and properly report it. As such, it is often particularly important for families searching for nursing homes for a loved one with a mental illness to find a facility with high marks and a history of quality care.

According to a recent article from Reuters Health, “even people with common and often treatable mental health problems like depression and anxiety may have a harder time than patients without these diagnoses getting admitted to a high-quality nursing home.” How does an elderly patient’s mental health impact his or her ability to get accepted into a particular nursing home or assisted-living facility?

Study Says Nursing Homes With High Ratings May be Less Likely to Accept Patients With History of Mental Health Problems

alex-boyd-260321-copy-300x200When your elderly loved one shows signs of elder abuse or neglect, how can you know whether a caregiver is perpetrating the abuse or whether the harm is self-inflicted? Depending upon whether an older adult in your life has been injured because of negligence by a staff member at a nursing home or because of the senior’s self-neglect, families need to take very different steps. Learning about elder abuse by a caregiver could warrant legal action, while self-inflicted neglect requires different action. According to a recent article in The New York Times, the problem of self-neglect is an underreported one, and “it accounts for more calls to adult protective services nationwide than any other form of elder abuse.”

What should San Diego families know about self-inflicted elder abuse? How do signs and symptoms of self-inflicted abuse differ from signs of neglect when a caregiver or nursing home may be responsible?

What is Elder Self-Neglect?

fabrizio-verrecchia-221046-unsplash-copy-300x200Nursing home evictions have become a serious issue within the larger topic of nursing home abuse and neglect in California and throughout the country. Organizations such as AARP are getting involved in stopping illegal nursing home evictions and questioning the ways in which both federal and state law provides protections to seniors who are being kicked out of facilities. While many commentators are discussing illegal evictions from nursing homes, what about illegal evictions from assisted-living facilities and residential care facilities for the elderly (RCFEs) in California?

All of this talk about unlawful nursing home evictions begs the question: What are an elderly person’s rights when it comes to evictions from RCFEs? California Advocates for Nursing Home Reform (CANHR) provides a fact sheet on RCFEs and eviction protection. We want to discuss RCFE evictions with you and help you to understand steps to take when an elderly loved one becomes vulnerable.

What are the Lawful Reasons that an Elderly Resident of an RCFE can be Evicted?

daan-stevens-282446-1-copy-300x191Do you have a loved one with dementia who resides in a nursing home in Carlsbad? If so, it is important to pay close attention to the risks of overmedication for dementia patients. While we have been discussing the problematic off-label use of antipsychotic drugs in patients with Alzheimer’s for quite some time, in more recent months we have not heard a lot about this issue. However, a lack of news coverage about an issue does not mean it has been resolved in a satisfactory manner. According to U.S. News & World Report, a recent report from Human Rights Watch found that “nursing homes unnecessarily give antipsychotic drugs to more than 179,000 residents per week.”

Off-Label Use of Antipsychotic Drugs Persists in American Nursing Homes

The Human Rights Watch report says that antipsychotic drugs continue to be administered to elderly nursing home residents who suffer from Alzheimer’s and other forms of dementia when those drugs have not been prescribed to treat their conditions. Potentially even more harmful, the report suggests, is that those patients are not giving “free and informed consent” to the off-label use of these antipsychotic drugs. These findings appeared in a human rights watch report entitled, “They Want Docile.”

jorge-lopez-284336-copy-300x200If you have an elderly loved one in a nursing home in San Clemente or elsewhere in San Diego County, it is important to learn more about sexual abuse and how it affects seniors. Nursing home abuse and neglect often involves physical or mental abuse of the elderly, but it can also include sexual abuse. Sometimes perpetrators of sexual abuse in nursing home settings are staff members, while in some situations other residents themselves may be the perpetrators.

A recent article in Reuters emphasized that the #MeToo movement is having an important effect across the country: More victims are reporting incidents of sexual assault and sexual abuse. We would like to focus on how this larger societal shift in addressing sexual assault and abuse can influence victims of sexual abuse in the nursing home setting. We will consider recent discussions of elder sex abuse and then discuss methods of detection and prevention.

Turning Media Attention to Sexual Abuse in the Nursing Home Setting

fabrizio-verrecchia-221046-unsplash-copy-300x200Now is as good a time as any to begin thinking carefully about how citizens can play a role in preventing nursing home abuse and elder neglect in Riverside County. According to a recent article in The Acorn, when seniors see their family members and friends more often, signs and symptoms of elder abuse may be more obvious. Once the holiday season ends, it is important to consider ways of helping ensure the safety and well-being of elderly loved ones. The article points citizens to the California Department of Justice’s “A Citizen’s Guide to Preventing and Reporting Elder Abuse.” The publication continues to provide helpful advice for Valley Center residents, and we want to discuss a few key features of the publication with you.

Why should citizens learn more about preventing elder abuse? As the publication points out, “it may take the courage of a caring family member, friend, or caretaker to take action when the victim may be reluctant.”

Recognize Where Elder Abuse can Occur

jonathan-adeline-259286-copy-300x200Whether you are reading about nursing home evictions in Poway or elsewhere in Southern California, it is important to think carefully about the rising rates of evictions and how these actions might rise to the level of elder and dependent adult abuse in the state. According to a recent article in California Healthline, more nursing homes in California are evicting patients who allegedly cannot pay after being assessed higher fees, while others are evicting residents and patients with certain illnesses and medical conditions, such as Alzheimer’s disease or other forms of dementia.

Do improper evictions rise to the level of nursing home abuse? Can you file an elder abuse lawsuit following an improper eviction from a skilled nursing facility in California?

Evictions Complaints on the Rise in California

alex-boyd-260321-copy-300x200When nursing home abuse lawsuits arising from allegations of elder abuse and neglect in Escondido go to jury trials, how do those juries decide liability? When cases go to juries, members of the jury are provided with the “essential factual elements” of the claim. Then, they are instructed that if the essential factual elements have been met, to find in favor of the plaintiff. Different types of nursing home abuse and neglect claims come with different jury instructions.

We want to give you some more information about the essential factual elements of a nursing home neglect claim as well as some examples to clarify how a jury might decide a particular case.

Nursing Home Neglect in California