Articles Posted in Elder Care

TransportVan-300x200In California, residents of Residential Care Facilities for the Elderly (RCFEs) and skilled nursing facilities often rely entirely on the facility to arrange and provide transportation. This may be for routine medical appointments, specialist visits, therapy, social outings, or even transfers between facilities. While this might seem straightforward, improper handling during transportation is a significant and often-overlooked source of serious injuries to vulnerable residents.

Elderly residents may have fragile bones, limited mobility, and chronic health conditions that make them highly susceptible to harm. A fall while getting into or out of a van, being improperly secured in a wheelchair, or a sudden jolt during transport can result in fractures, head trauma, or other life-threatening injuries. These incidents are not just “accidents” — they are often the result of negligence by staff who fail to follow basic safety procedures.

At Nursing Home Law Group, we have represented numerous families whose loved ones were hurt during facility-arranged transport. These cases often reveal troubling patterns: untrained drivers, poorly maintained lift equipment, inadequate supervision, and failure to secure residents properly. In some situations, residents are left unattended in vehicles for dangerous periods of time, leading to heat stroke, dehydration, or other preventable medical emergencies.

Older adults in Orange County nursing homes should always expect to be treated with dignity and respect, and they should also be able to expect that nursing homes are employing a sufficient number of staff to provide for the individual needs of residents. Yet, much too often, nursing homes do not provide the quality of care that they promise to provide. As a result of nursing home abuse — including intentional acts of physical and emotional harm, as well as sexual abuse — and nursing home neglect or negligence, Southern California nursing home residents suffer serious and sometimes deadly injuries. Families are often taught to be aware of the signs and symptoms of abuse or neglect, including physical and psychological warning signs about an elderly loved one’s well-being. 

We often think about nursing home abuse as intentional harm and neglect as a failure to provide care due to understaffing, for example, yet there are some cases in which nursing home neglect is intentional. In other words, staff members might make intentional decisions to withhold care in order to deprive elderly residents of the assistance they need or the medications on which they rely. Our Orange County nursing home neglect lawyers can explain in more detail.

Understanding Willful Deprivation in Southern California Nursing Homes

Nursing home and assisted living facility residents, as a result of age and certain underlying conditions, can be at greater risk of certain types of wounds and other injuries. Skin tears are among those, and when they are not properly treated, they can result in serious and even life-threatening infections. While skin tears on their own may not be the result of nursing home negligence or neglect, serious infections that result from them can be. When skin tear wounds do lead to severe infections, it is essential to seek advice from a San Diego County nursing home neglect lawyer who can help. 

A recent report in McKnight’s Long-Term Care News discusses a new study concerning skin tears and risk factors among nursing home residents. Our San Diego County nursing home injury lawyers can tell you more. 

What Are Skin Tears?

Realizing that an elderly parent needs to move into a nursing home to receive the level of care they need can be difficult — both emotionally for their adult children and other family members and in terms of finding a safe and high-quality facility. When you are looking at potential nursing homes in Orange County or elsewhere in Southern California, it is important to consider a wide range of factors. You should think about indicators of good care and safety at a facility just as carefully as potential red flags that arise during a visit. It is always important to visit ahead of time and to be sure that you have a chance to see a facility before staff members can fully plan ahead for a visit. In other words, it is important to be able to see any potential facility as it operates normally on an everyday basis. 

Once you visit a facility, you should then pay attention to signs of quality care, as well as signs that safety could be an issue.

Indicators of Quality Care in a Nursing Home

Elderly nursing home residents are at increased risk of certain injuries due to age-related factors, as well as medical conditions that are common among older adults. In addition to dealing with reduced bone health and fall-related fracture risks, as well as risks for injuries like bed sores among older adults with mobility issues, choking deaths have become a significant problem in nursing homes and assisted living facilities in Southern California. No choking death should ever occur, and these deaths are preventable when nursing homes maintain safety procedures and ensure that every resident receives the level of care they need based on their individual condition. However, nursing homes and assisted living facilities are often negligent, and residents suffer serious and deadly injuries that include choking deaths. 

According to a recent report in the Los Angeles Times, a particular Mission Hills nursing home was cited for two separate resident choking deaths in a span of fewer than three months. What should you know about the risks at this particular facility, and how does the facility’s negligence speak to the larger issue of choking deaths in nursing homes and assisted living facilities? Our Los Angeles County nursing home negligence lawyers can tell you more.

Choking Risks in Nursing Homes and Assisted Living Facilities

Whether an older adult with a chronic health condition is residing in a skilled nursing facility, assisted-living facility, memory-care facility, or other location in Los Angeles County, studies have shown that these seniors tend to be more vulnerable to abuse and neglect. In particular, older adults with dementia and other forms of cognitive impairment are often targets of elder abuse in nursing homes and related facilities, and their conditions frequently prevent them from recognizing or reporting the abuse themselves. Yet, according to a recent article in McKnight’s Long-Term Care News, a new study focused on the Comprehensive Older Adult and Caregiver Help (COACH) method might be able to reduce the likelihood of physical and emotional abuse. 

Could this method also be applicable to caregivers who are employed by nursing homes and assisted-living facilities in Southern California? Our Los Angeles County nursing home abuse and neglect lawyers can say more.  

Learning About the COACH Method

Do nursing homes in San Bernardino County and elsewhere in Southern California have enough staff members to prevent resident injuries due to negligence? Nursing homes have a duty to provide residents with the specific types of care they need, and when a facility is understaffed and a resident suffers an injury as a result of the understaffing, the facility may be liable. According to a recent report in The New York Times, federal officials have proposed new rules for increasing the number of staff members at nursing homes throughout the country. How do the newly proposed standards compare with current requirements in California? And what should you do if you believe an elderly loved one at a nursing home suffered serious or deadly injuries due to neglect and understaffing?

Our San Bernardino County nursing home neglect lawyers are here to help, and we can tell you more.

Learning More About the Newly Proposed Federal Rules

Do nursing homes in Los Angeles County have the capacity to provide appropriate care to residents with mental illnesses, or are facilities that house large populations of residents with mental illnesses more likely to be sites where injuries arise out of nursing home negligence? According to a recent KQED podcast, while nursing homes are typically thought of as spaces for older adults who need assistance with care due to physical incapacitation or cognitive impairment, “a new LAist investigation finds that thousands of people with serious mental illness are living in California’s nursing homes,” and it could potentially be a violation of federal law. In addition, nursing homes with high rates of residents with mental illness could put other residents at risk of abuse or could take necessary care time away from residents who need assistance with various activities of daily living (ADLs).

What should you know about mental illness and nursing home negligence in Southern California? Our Los Angeles nursing home neglect lawyers can tell you more. 

Nursing Homes Not Designed to Care for Residents With Serious Mental Illness

Nursing homes must have enough employees to provide sufficient care to residents. When skilled nursing facilities do not have enough employees to attend to the needs of all residents, the nursing home may be understaffed. It is important to know that understaffing can result in resident injuries and can be the cause of nursing home neglect, for which the facility may be liable. A nursing home or its employees do not need to engage in intentional acts of abuse or neglect for the facility to be liable. Rather, “passive neglect,” or unintentional neglect resulting from understaffing that results in injuries, can mean that the facility is legally responsible. Our San Diego County nursing home neglect attorneys can say more.

Staffing Requirements at Nursing Homes

In Southern California and throughout the state, nursing homes have a duty to have sufficient employees to provide care to the residents at the facility. Skilled nursing facilities must employ enough people to ensure that residents receive the attention and care they need and to ensure that residents do not suffer harm as a result of a lack of necessary attention or care. 

When a senior in a Los Angeles County nursing home suffers an injury because of the facility’s negligence or because of an intentional act committed by a staff member, it may be possible to file a claim against the facility in order to seek compensation and to hold the facility accountable. Yet it can be difficult to know when a facility should be sued, especially since there are so many different types of injuries and harm that an older adult can experience. One type of harm that may not be discussed as often as physical abuse in nursing homes but that can cause serious psychological injuries is harm to a person’s dignity. What rights does a nursing home resident have in California concerning rights to dignity and the right to be free from psychological or emotional harm? Our Los Angeles County nursing home abuse attorneys can provide you with more information.

Harm to a Person’s Dignity Can Be a Form of Nursing Home Abuse

It is critical to know that nursing home abuse is a term that can refer to many different types of harm — not just physical abuse. Indeed, there are many kinds of elder abuse and neglect that can occur at nursing homes and assisted living facilities in Southern California. In some cases, a staff member at a nursing home might not even intend to cause harm but may be so busy or overwhelmed that they cannot fully perform the requirements of their job, which results in a nursing home resident suffering an injury. In other cases, various forms of intentional abuse, including physical abuse, psychological abuse, and willful deprivation, may result in harm to a person’s dignity.

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