Articles Posted in Elder Abuse

August 22, 2013

California Nursing Home Abuse Motivates PBS Frontline Project

Earlier this summer, we told you about a $23 million jury verdict in a bed sore case from northern California. The victim, Joan Boice, had been a resident at the Emeritus at Emerald Hills in Auburn, California before she suffered from painful bed sores and died as a result of nursing home negligence. After this case made national news, PBS Frontline and Propublica took a closer look into the story and expanded an investigation into nursing home practices across the country. The project began airing late last month on PBS, entitled “Life and Death in Assisted Living.”

Confused%20Old%20Man.jpg Details of the Documentary Series

The documentary is made up of four parts, and it depicts the abuse and neglect that is often overlooked or covered up at various nursing facilities. The series takes a close look at the death of Boice in the Emeritus assisted living facility in northern California, and from there it moves out to other issues of nursing home abuse and neglect across the country.

August 15, 2013

Are Southern California Seniors Sufficiently Concerned About Healthcare?

by Walton Law Firm

A recent survey on health and aging reported by the Los Angeles Times suggested that nearly ninety percent of older adults in the Los Angeles area are “confident they will keep up the quality of their lives as they age.” Yet, most of these elderly persons aren’t doing what they need to be doing to take care of their health and general well being, according to physicians and other medical experts. In other words, most seniors assume they willl remain healthy enough to take care of themselves or at least to stay in their own homes, but from the number of nursing home residents in need of significant care, we know that’s not always true.

Richard Birkel, the senior vice president for health at the National Council on Aging, indicated that many elderly persons are currently dealing with chronic conditions like diabetes or arthritis, and a majority of them aren’t taking the necessary steps for healthy futures. Moreover, many seniors who currently reside in nursing home or assisted-living facilities suffer from chronic conditions for which they often receive only limited care from staff. If your elderly loved one may not be receiving the attention that she needs, an experienced elder justice advocate can help.

Concerned%20Old%20Lady.jpg Older Adults Don’t Anticipate Nursing Care

August 7, 2013

California’s “Green House” Nursing Home Care

by Walton Law Firm

Earlier this summer, National Public Radio (NPR) aired a news story about the “Green House Project,” urging nursing homes to “move over” since “there’s something different” in town. Over the past ten years, according to NPR, more than 140 alternative nonprofit nursing homes have been built across the U.S. in 24 different states. While most Americans dread the possibility of nursing home living, the Green House Project offers something different. And in recent months, California finally “ushered in a new era of nursing home care with the opening of the state’s first certified Green House homes at Mt. San Antonio Gardens,” according to a press release in the Green House Project Blog.

With California on board for alternative nursing home support, patients across our state could begin to see new options for residential care. If you have questions about nursing home care in California, don’t hesitate to speak to an experienced elder justice advocate today.

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What is the Green House Project?

July 31, 2013

Gay Couples Entitled to Nursing Home Visitation Rights

by Walton Law Firm

Coming in close proximity to the recent U.S. Supreme Court decision to strike down the federal Defense of Marriage Act (DOMA), the California Advocates for Nursing Home Reform (CANHR) featured an article about LGBT rights in the nursing home. According to the Washington Blade, the Department of Health and Human Services (HHS) clarified that LGBT couples will have the same guaranteed access to their partners and spouses as other married couples.

How will this affect nursing home residents in California? It will help secure LGBT rights in our state, which a number of California agencies have already been working toward.

Elderly%20Man.jpg LGBT Elder Advocacy in California

July 24, 2013

California Working to Reduce Use of Antipsychotic Meds

by Walton Law Firm

A few months ago we talked about the widespread use of antipsychotic drugs for patients with dementia. Across the United States, off-label use is a major problem in nursing homes. In case you don’t remember, “off-label use” refers to situations in which physicians prescribe drugs for patients without medical diagnoses that actually require the use of those drugs. In nursing homes, off-label use of antipsychotics is most prevalent for residents suffering from dementia.

In many cases these patients are victims of nursing home abuse and neglect. What can we do about it here in California? If you’re concerned that an elderly loved one has suffered abuse at a nursing home or assisted-living facility, the first step is to contact an experienced nursing home abuse lawyer. In fact, many nursing home abuse lawyers are licensed by the California Advocates for Nursing Home Reform (CANHR). A CANHR elder justice advocate will ensure that your elderly loved ones are protected and safe.

California Initiatives for Antipsychotic Medication Reduction

July 17, 2013

Sacramento Nursing Home Responsible for Choking Death

by Walton Law Firm

Earlier this month, the California Department of Public Health fined a Sacramento nursing home for the choking death of a patient. The nursing home received an $80,000 fine after Mary Yip, an 86-year-old patient with swallowing difficulties, “choked on a piece of meat during a lunchtime outing with staff members,” according to the Sacramento Bee.

Choking deaths are very serious violations for which many nursing facilities in our state have been fined. Just a few months ago, we told you about a San Diego care center that received a $100,000 fine from the State of California. Nursing homes in Los Angeles County and Orange County have also been fined for choking deaths. If your elderly loved one has experienced nursing home abuse or neglect, it’s important to speak to an experienced nursing home abuse attorney as soon as possible.

Details of the Serious Violation

June 5, 2013

Assisted Living Facility Reforms Fail to Pass State Legislature

by Walton Law Firm

Back in 2011, a Miami Herald investigation uncovered evidence of elder abuse and neglect in assisted living facilities across the state of Florida. Since then, politicians have been working to pass legislation to reform assisted living facilities in Florida. However, according to an article in the Miami Herald, the bill failed to pass again on the last day of the legislative session in Florida.

While this legislation (or the lack of it) would primarily affect residents in Florida, the state’s concerns about abuse and neglect in assisted living facilities are just as relevant here in California. Do you have a loved one who is currently in an assisted living facility? If you’re concerned about abuse and neglect in nursing homes or assisted living facilities in southern California, contact an experienced nursing home abuse lawyer today to discuss your case.

History of the Legislation

May 12, 2013

$90.5 Million Verdict in Nursing Home Abuse Case to be Appealed

by Walton Law Firm

A West Virginia jury awarded $90.5 million in damages to a family who alleged nursing home abuse and neglect back in 2010. The nursing home has taken the case to the West Virginia Supreme Court once already, according to an article in West Virginia’s State Journal. And this time, they’re arguing that the state’s Medical Professional Liability Act (MPLA) should require the court to apportion damages in their favor.

This case could have important implications for nursing home abuse damages in California. While the West Virginia Supreme Court’s ruling won’t bind California courts, it may set the tone for the ways in which damages are approached and apportioned in nursing home abuse cases.

Details of the Nursing Home Neglect

May 3, 2013

High Hospitalization Rates Linked to Elder Abuse

by Walton Law Firm

A recent study in JAMA Internal Medicine confirmed that abused and neglected elderly persons face much higher risks for hospitalization, and not necessarily for injuries suffered as a result of their mistreatment. According to Dr. Theresa Soriano, an associate professor of medicine in geriatrics and palliative care in the Icahn School of Medicine at Mount Sinai, “It is understandable how a vulnerable older person experiencing abuse may fail to prioritize the prevention or care of their health conditions.”

Hospitalization rates especially tend to increase when elderly persons rely upon an abusive family member as a caregiver. They can miss medical appointments, adhere poorly to required diets and medication schedules, and they can experience increased stress and anxiety. As a result, all of these things can contribute to “poor control of any medical conditions and increased hospitalizations,” according to an article in Health magazine.

Details of the Study

April 20, 2013

Felony Charges in Nursing Home Death Implicate California Department of Social Services

by Walton Law Firm

Last month, a California nursing home abuse case was delayed when the defendant requested extra time to weigh her options for a plea deal. The California Attorney General charged Sylvia Cata with involuntary manslaughter for the death of a dementia resident in her care. Do you have a loved one in a nursing home or a private care facility? This case raises questions about the level of oversight from the California Department of Social Services (CDSS).

History of the Case

Cata operated “Super Home Care” out of her own home since the mid-1990s. According to an article in the Sacramento Bee, Cata’s home was located on “a dead-end street in Sacramento’s Gardenland neighborhood, a residential enclave flanked by tire shops, lube and oil joints, and a check-cashing store on the corner.” This description doesn’t sound like an ideal site for an elder-care facility, and the CDSS suspected as much.

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