Articles Posted in Elder Abuse

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We’ve been following the reform initiatives for residential care facilities for the elderly (RCFEs) in California, and a story in U-T San Diego emphasizes that support for the RCFE Reform Act of 2014 has been gaining momentum.  Last Tuesday, legislation “pushed through separate committees at the state Capitol,” thus “making it more likely that rules governing senior homes will get tighter.”  Potential reform legislation now includes “nearly 20 different bills authored by lawmakers from both political parties,” reported U-T San Diego.

Old Man Currently, approximately 7,500 residential care facilities exist in California, and reform advocates are eager to support any legislation that will require greater oversight and will help to prevent instances of elder abuse.  Numerous nursing home abuse and neglect cases have made local and national news over the last year, and many of the recent reform measures have been offered in response to those reports.

However, not all Californians are in favor of the legislation.  We’ll go over the key points of the recent testimony and the perceived advantages and disadvantages of the RCFE Reform Act of 2014.  In the meantime, if you suspect that your elderly parent or loved one has sustained injuries because of elder neglect at a nursing home or residential care facility, it is very important to speak to an experienced San Diego nursing home abuse lawyer.

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As many California residents know, our state has made national news over the last year for concerns about nursing home negligence and nursing home abuse.  A recent article in the Sacramento Bee reported that Los Angeles County public health officials, “in an effort to reduce California’s backlog of health and safety complaints at nursing homes,” might have urged inspectors “to close cases without fully investigating them.”  Internal memos sent between managers, inspectors, and supervisors from the Los Angeles County Department of Public Health suggest that these quick and potentially harmful case closures are part of an effort called the “Complaint Workload Clean Up Project,” and it has been in effect “since at least the summer of 2012.”

What does this mean for elderly nursing home residents?  In short, complaints at nursing homes and nursing facilities in Los Angeles County might not have been adequately investigated, and county supervisors could be held liable for injuries that occurred.  Do you have a loved one who resides at a nursing facility in Southern California?  At the Walton Law Firm, our California nursing home abuse attorneys have years of experience handling elder law claims and can speak with you today.

Nursing Home Residents at Risk of Inattention in Southern California

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When we trust the care of our elderly loved ones to skilled nursing facilities, we expect that they’ll receive proper treatment and won’t suffer unnecessary harms. Nobody anticipates nursing home abuse and neglect, but a recent article in ProPublica indicates that about one-third of patients in skilled nursing facilities suffer harms during their treatments. Based on a study conducted by the inspector general of the U.S. Department of Health and Human Services, “nearly 22,000 patients were injured and more than 1,500 died in a single month—a higher rate of medical errors than hospitals.”

Is your elderly loved one in safe hands at her nursing home? Nursing home neglect occurs more frequently than we’d like to think. And while California legislators are hoping to change some of the rules for residential facilities in our state, it’s important to be vigilant. If you suspect that an older adult has been mistreated in a nursing home or assisted living facility, contact the experienced San Diego nursing home abuse lawyers at the Walton Law Firm today.

What is a Skilled Nursing Facility?

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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.”

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If 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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