Articles Posted in Elder Abuse

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Does the type of corporation, entity, or individual that owns a nursing home in San Bernardino County affect the likelihood that the facility will be a place where nursing home abuse or neglect occurs? A recent article in Market Watch highlights the particular dangers of facilities that have been bought by private-equity firms and that may not be putting patients first. Indeed, according to that article, residents at many of these facilities face “a threat of imminent danger of death or bodily harm” as a result of poor care at various facilities and California’s failure to take action, according to a judge in the state. That judge described the state government’s failure to protect seniors in nursing homes as a “consistent, endemic, and statewide” problem centered on a lack of investigations into complaints and accusations that have been made against these facilities. 

That recent court decision in California highlights the need for state agencies to take more significant action to protect nursing home residents from injuries caused by abuse and neglect.

California Court Says Department of Public Health Has Failed Nursing Home Residents

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More patients in San Diego County nursing homes and across the country are being diagnosed with schizophrenia for reasons that are questionable and raise concerns about nursing home negligence, as a recent article in The New York Times suggested. But are some patients more affected than others, and is race playing a role? A follow-up report in The New York Times argues that Black residents are being disproportionately affected by these harmful diagnoses and subsequent administration of antipsychotic medications, suggesting that nursing home abuse has a clear racial dimension in these situations. Are schizophrenia diagnoses, and other issues in nursing homes, affecting Black residents more than other elderly patients at skilled nursing facilities? 

Black Nursing Home Residents are Diagnosed with Schizophrenia More Often

More nursing home residents are being diagnosed with schizophrenia so that the facilities can administer antipsychotic drugs to “difficult” patients, The New York Times has suggested. Indeed, since nursing home residents with schizophrenia can still readily be prescribed antipsychotic medications (whereas regulations have attempted to reduce the use of antipsychotics in other nursing home cases), there has been a surge in the number of patients diagnosed with schizophrenia. Since 2012, the number of elderly patients diagnosed with schizophrenia has “grown by 70%.” The article points to a new study in the Journal of the American Geriatrics Society, which found that the “impact of this has been more severe on Black residents.”

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Overmedication has been a problem for years at nursing homes in San Bernardino County and throughout Southern California. Not only are many nursing home patients on too many drugs that can cause harmful interactions with one another, but many nursing home residents are currently taking antipsychotic medications that they may not need. Overmedication, or unnecessary rates of drugging, can have extremely harmful consequences and may lead to nursing home neglect cases. According to a recent article in The New York Times, more than 20 percent of nursing home residents across the country are currently taking antipsychotic drugs, and many of them may not actually need these medications.

What should you know about overmedication or over-drugging at nursing homes in Southern California and the connection to nursing home negligence?

Antipsychotic Drugs are Extremely Dangerous

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Risks of nursing home abuse and neglect in Orange County are often considered in connection with physical elder abuse. In other words, when seniors themselves or their family members are investigating histories of abuse at the facility or worrying about the possibility of injuries due to elder abuse, they are often thinking about physical abuse. Yet nursing home abuse and neglect can take many different forms, and it is essential to have a basic understanding of the signs and symptoms of each type of abuse that may occur in a skilled nursing facility. Today, our experienced Orange County nursing home abuse attorneys want to discuss the differences between physical abuse and psychological abuse in nursing homes and assisted-living facilities in Southern California. 

What is Physical Abuse in a Nursing Home?

Physical abuse in a nursing home or assisted-living facility can take many different forms, but it is often recognizable due to visible signs and symptoms of the abuse. For example, if a staff member at a facility strikes or physically assaults a nursing home resident, that resident may have visible bruises, cuts, or other related wounds. Likewise, if a staff member at a nursing home uses physical restraints on a patient unnecessarily, that nursing home patient may have visible signs of physical restraints, such as abrasions around the arms or legs. 

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Nobody wants to think about risks of elder abuse and neglect at nursing homes and assisted-living facilities in Riverside County, yet older adults routinely suffer serious and fatal injuries as a result of nursing home abuse. It is critical for family members to recognize that nursing home abuse and neglect often go unreported. Thus, it is essential to be able to recognize the signs of various types of abuse, from symptoms of physical or emotional abuse to clear warning signs of passive neglect. Although each type of nursing abuse has its own particular signs and symptoms, you should always seek help anytime an elderly loved one exhibits changes in behavior or shows signs of physical harm that do not have a logical explanation. 

Why does nursing home abuse go unreported so frequently? Our Riverside County nursing home abuse attorneys want to discuss some of the common reasons that abuse and neglect are not reported at nursing homes and assisted-living facilities in Southern California.

Fear of Further Abuse or Retaliation 

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Monitoring an elderly loved one’s safety and well-being in a San Diego County nursing home can be exhausting, and it is not a role that friends and family members should have to fill. However, given that nursing home abuse and neglect is unfortunately common in Southern California skilled nursing facilities. As such, it is often necessary to learn about the signs and symptoms of various forms of nursing home abuse and neglect when you have an elderly parent or other older relative who lives in a nursing home or assisted-living facility. Yet it can be difficult to know what you should do if you are worried about abuse when you see potential signs of negligence, abuse, or neglect. Should you report the abuse? Should you investigate further yourself? Should you seek advice from a San Diego County nursing home abuse attorney? 

Many people feel uncomfortable initiating an investigation of any type in the event they are mistaken about abuse. Yet it is critical to remember that it is better to be safe than sorry when it comes to addressing concerns about nursing home abuse and neglect in Southern California. Generally speaking, you should not decide between reporting the abuse to authorities and initiating a lawsuit. Instead, you should be thinking about reporting your concerns and seeking advice from an attorney who can help.

Seeking Advice From a Nursing Home Abuse Attorney in San Diego County

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Whether you have an elderly loved one in a Riverside County nursing home or in a skilled nursing facility elsewhere in Southern California, it is critical to be aware of signs and symptoms of elder abuse and neglect. While family members and friends should not have to be the ones to spot warning signs of abuse or neglect, they are often the only ones who do. This kind of problem, highlighting the negligence of various facilities, is often particularly notable in situations in which seniors at nursing homes ultimately require emergency treatment at a hospital due to neglect at the nursing home. 

Indeed, according to a recent article in Reuters, a new report from the U.S. Department of Health and Human Services indicated that “California did not ensure that nursing facilities reported potential abuse or neglect of Medicaid beneficiaries transferred from nursing facilities to hospital emergency rooms.”

Nursing Homes are Supposed to Report Abuse and Neglect

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During the COVID-19 pandemic, it has been difficult and often impossible for family members to visit with elderly loved ones at Orange County nursing homes and assisted-living facilities. As more seniors in these facilities are vaccinated, and family members are vaccinated, too, visits are becoming possible again. For anyone who is visiting with an elderly loved one in a skilled nursing facility in Southern California, it is critical to know that the pandemic, while it has indeed drawn attention to problematic issues surrounding infection-control measures, has not lessened the effects of other forms of nursing home abuse and neglect. As such, it will be essential to remain vigilant when you visit the facility. 

If you do suspect nursing home abuse or neglect in an Orange County facility, you should know the steps to take.

Make Sure You Know the Signs and Symptoms of Elder Abuse and Neglect

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Nobody should have to learn that an elderly loved one has suffered injuries while living in a San Bernardino County nursing home. Yet injuries and deaths resulting from nursing home abuse and neglect happen much more frequently than most of us would like to think about. When an older adult does suffer serious injuries, or dies as a result of those injuries, it is critical to begin working with a San Bernardino County nursing home abuse lawyer to file a claim against the responsible parties. 

Yet how do you determine who is responsible for a senior’s injuries? Does liability differ when injuries arise out of unintentional passive neglect as opposed to intentional physical or psychological abuse? Every case has its own set of circumstances, so it is essential to determine how to file your claim with help from a lawyer. In the meantime, we want to provide you with general information about some of the parties who could be liable for injuries in a nursing home abuse lawsuit in Southern California.

Nursing Home Staff Members

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Elder abuse in an Orange County nursing home can be difficult to identify no matter what form the abuse takes. Yet some types of nursing home abuse are even more difficult to identify than others because they do not have obvious physical signs and symptoms. There are many different forms of nursing home abuse, including physical abuse, sexual abuse, willful deprivation, passive neglect, and psychological or emotional abuse. With many of those forms of abuse, friends or family members might see physical signs, like cuts or bruises, restraint marks, or bedsores. Yet when it comes to psychological abuse, the signs are not always as prominent.

We want to tell you more about psychological abuse, and to encourage you to seek help from a nursing home abuse lawyer if you have suspicions of abuse or neglect affecting your elderly loved one. 

Understanding Psychological Abuse in a California Nursing Home

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