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Articles Posted in Elder Care

Nursing home neglect can take many different forms in San Diego County. In some cases, a senior in a nursing home or assisted living facility might be harmed as a result of willful deprivation, where a staff member refuses to provide the senior with the medications, medical devices, or care they need. Under most circumstances, however, nursing home neglect is not intentional. Rather, injuries arising out of neglect in Southern California result from issues like understaffing, lack of appropriate training for staff members, and ultimately, a failure for an elderly nursing home resident to receive the care they need without any intention by the facility to cause harm. Yet just because a nursing home or assisted living facility in San Diego County does not intend to cause injuries or any other type of harm does not mean that the facility cannot be held accountable.

Infections are one type of harm for which nursing homes and assisted living facilities in San Diego County can be liable if any infection results from negligence. Our San Diego County nursing home negligence attorneys can provide you with more information.

Nursing Homes Have a Duty to Prevent Infections

Nursing home abuse injuries can affect any resident of a nursing home in San Diego County or elsewhere in Southern California, regardless of age, sex, or health condition. However, it is important to know that there are risk factors that can make it more likely that a nursing home resident will be subject to nursing home abuse or neglect. To be clear, the fact that a nursing home resident has one or more of the most common risk factors for abuse does not necessarily mean that the resident will be subject to abuse, but that they are at greater risk for harm from abuse or neglect. Consider some of the following risk factors that could make elder abuse or neglect in a nursing home more likely.

Physical Health Issues

According to the World Health Organization (WHO), physical health and mobility issues are common risk factors for nursing home abuse. When an older adult requires assistance with physical care, mobility, and activities of daily living (ADLs), that older adult is more likely to be subject to abuse or passive neglect. Activities of daily living can include dressing and eating, but they can also include bathing and bathroom assistance. Not only can these seniors be at greater risk for acts of intentional physical or emotional abuse, but they can also be more likely to suffer injuries if they do not receive the level of care they need.

Nobody should ever have to fear that an elderly parent or relative is being subjected to physical or emotional abuse in a nursing home, or that a loved one is experiencing pain and suffering because of neglect in a skilled nursing facility. Given that nursing homes want to make money and want to keep patients at their facilities, it can often be difficult to get a straight answer from a facility when you have concerns about abuse or neglect. If you are concerned about abuse in your parent’s nursing home, what should you do?

Understand the Signs of Nursing Home Abuse in its Varied Forms

First, be sure you know some of the common signs of nursing home abuse and neglect, recognizing the nursing home negligence can take many different forms. The National Council on Aging (NCOA) cites some of the following as common indicators of abuse or neglect:

Psychological and emotional abuse happens much too often in nursing homes in Orange County, and it is important to hold the facility accountable for any harm it has caused. In order to file a nursing home abuse claim arising out of psychological abuse, it is important to understand more about this type of abuse and how it shows up in patients. The following are five things you should know about psychological and emotional abuse in Orange County.

  1. Psychological or Emotional Abuse is a Form of Nursing Home Abuse

While psychological or emotional abuse does not involve the infliction of physical pain, or the deprivation of food or medical care, it is certainly a form of nursing home abuse that happens more often than many people might think. The National Council on Aging (NCOA) explains that it can involve verbal assaults, threats, harassment, intimidation, or behaviors designed to embarrass an elderly nursing home resident. 

Choosing the best nursing home for an elderly loved one can be a difficult task. Although some information about nursing home ratings and previous safety violations can be located, recent reports suggest that information is often incomplete, or even worse, that it may be incorrect and misleading. Moreover, you cannot always know for certain whether a facility will pose injury risks to its residents based on its history. While a history of safety violations should certainly be a cause for concern, even skilled nursing facilities with clear records can be places where elderly residents sustain serious and life-threatening injuries. 

How can you know what to look for in a nursing home? More often than not, it is important to know what you should not see at a nursing home or assisted-living facility. According to U.S. News & World Report, it is more important than ever to be able to recognize red flags at nursing homes. The following are red flags that should raise concern.

High Rate of Infections and Deaths From COVID-19

Hip fractures can happen almost anywhere in Riverside County when an older adult falls or slips, but hip fractures can be particularly common in nursing home settings when seniors do not have proper care or when facilities fail to maintain the premises in a manner that is safe for its residents. While hip fractures often heal fully when they occur in younger people, a hip fracture in an older adult can be devastating. Indeed, hip fractures in the elderly can have disastrous consequences, resulting in decreased mobility and the need for care for the rest of a person’s life. 

Our Riverside County nursing home neglect lawyers want to provide you with more information about hip fractures among older adults in Riverside County nursing homes.

Hip Fractures Happen Most Often Because of Falls

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

For over a year now, families have been worried about elderly loved ones residing in Los Angeles County nursing homes due to the spread of COVID-19 and the number of deaths in skilled nursing facilities. Yet when it comes to infection-control measures in Southern California nursing homes, COVID-19 is not the only issue that can result in serious injury and death to nursing home residents. Indeed, just as the pandemic is beginning to get under control through vaccines, health officials are identifying the rise of serious drug-resistant fungal infections in America’s nursing homes. According to a recent article in The New York Times, “a deadly, hard-to-treat fungal infection . . . has been spreading through nursing homes and hospitals across the United States,” and it is “becoming even more dangerous.”

Drug-Resistant Fungal Infection Evades All Medication 

The most worrying recent issue concerning this drug-resistant fungus, Candida auris (or C. auris), is that several cases have been documented in which the infection “was completely impervious to all existing medication,” according to The New York Times article. The U.S. Centers for Disease Control and Prevention (CDC) reported that the drug resistance recently documented is “an alarming development in the evolution of C. auris.” The CDC describes it as “a tenacious yeast infection discovered in Japan in 2009 that has since spread across much of the world.”

One way in which nursing home residents in San Bernardino can suffer serious injuries during the summer months is dehydration, heat exhaustion, and other hyperthermia conditions. While many people assume that such injuries or conditions may be common during the particularly warm summer months in Southern California, especially when there is a heat wave, yet no residents at skilled nursing facilities in California should suffer from any of these heat-related conditions simply because the outdoor temperatures are setting records. To be sure, nursing homes in California must ensure that residents are safe and are not subject to extreme temperatures that can cause serious harm.   

If a nursing home fails to provide cooler temperatures for residents during the summer months, can that nursing home be held accountable for injuries? Nursing homes certainly may be liable in certain situations where residents sustain hyperthermia-related injuries as a result of nursing home neglect.

Nursing Home Neglect and Hyperthermia

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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