Articles Posted in Nursing Home Abuse and Neglect

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Nursing home negligence can take many different forms, and it is important for anyone with an elderly loved one in a Los Angeles County nursing home to know when a facility can be liable for a careless act or omission. Wandering and elopement are common issues among nursing home residents that raise questions about nursing home negligence. When an elderly nursing home resident wanders from an area that is safe, they can get hurt. In many cases, the nursing home can be liable for any harm that occurs because the facility has a duty to ensure that staff members properly monitor residents who may be likely to wander.

Our Los Angeles County nursing home negligence lawyers can tell you more about wandering and elopement, and we can help you understand whether a facility may be liable if your loved one suffered harm because of wandering or elopement.

What are Wandering and Elopement?

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When your elderly parent or another elderly loved one needs to move into a nursing home in Orange County for care, it can be difficult to know how to choose the right facility. While safety records, the Centers for Medicare and Medicaid Services’ Five-Star Quality Rating System, and personal nursing home visits can help families to make informed decisions about nursing homes in Southern California, there are also other factors that you should consider. A recent study conducted by researchers at the University of California, Irvine, suggests that staffing instability may be among the most important factors in identifying the quality of care a nursing home can provide. Our Orange County nursing home neglect attorneys can tell you more.

Staffing Instability Impacts the Quality of Care in Nursing Homes

Consistent staffing may be among the most important factors that families should consider when deciding on a nursing home for a loved one, the recent study from UC Irvine suggests. That research, published in the journal Health Affairs Scholar, “showed that nursing homes either gained or lost a quality star when the staffing instability measure was included in the Five-Star metric,” a news release from UC Irvine reported. 

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At Nursing Home Law Group, we’re committed to protecting the rights of vulnerable seniors. That includes speaking up when proposed changes in federal policy threaten access to the long-term care so many elderly Americans depend on. Right now, a quiet but dangerous proposal in Congress could put essential nursing home care out of reach for people like Owen Allen — and thousands of others across the country.

Owen, a 64-year-old man with muscular dystrophy, lives in a Medicaid-supported nursing home in Georgia. With help from skilled staff, he works to regain his strength through therapy and daily activities. His care, like that of more than 60% of nursing home residents nationwide, is paid for by Medicaid. Without it, he simply wouldn’t be able to stay.

What’s Happening in Congress?

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Older adults in Riverside County can experience nursing home abuse or neglect regardless of the status of their mental or physical health, but older adults with cognitive impairment tend to be at greater risk of sustaining harm as a result of abuse and neglect. Sometimes cognitive decline occurs gradually, and family members do not realize that an elderly loved one is more vulnerable until it is too late. In other circumstances, an elderly nursing home resident may have already been diagnosed with Alzheimer’s disease or another form of dementia, and may be particularly vulnerable depending on the degree of their cognitive impairment.

Our Riverside County nursing home abuse and neglect attorneys can tell you more about why cognitive impairment makes older adults particularly vulnerable to abuse, and we can begin working with you as soon as you have concerns about an elderly loved one’s safety.

What is Cognitive Impairment?

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How often does elder abuse and neglect occur in San Diego County nursing homes and assisted-living facilities? According to new data reported by the National Council on Aging (NCOA), as many as one out of every five older adults in recent years — or 20% of the older adult population — may have been subject to some form of abuse or neglect. And that information still coincides with estimates that only about one out of every 24 cases of elder abuse are actually reported. As such, it is possible that far more than 20% of the elderly population experiences some form of abuse at least once. How often do subsequent acts of abuse or neglect occur? That information is not especially well documented, but according to a recent article in McKnight’s Long-Term Care News, a new program could help to prevent repeat acts of abuse and neglect in various long-term care settings.

New Hospital-Based Program Helps Seniors Who Have Experienced Elder Abuse

Older adults who have suffered harm as a result of nursing home abuse and neglect may experience abuse again — especially those who are particularly vulnerable, such as older adults with dementia or cognitive impairments. The article in McKnight’s discusses a new program specifically designed to identify seniors who have experienced mistreatment and to intervene effectively.

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As recent wildfires began to spread quickly in various parts of Los Angeles County and throughout Southern California, many residents of nursing homes and assisted-living facilities in affected areas were evacuated. According to data from the California Department of Public Health, nearly 1,000 residents of nursing homes and residential care facilities for the elderly (RCFEs) were evacuated as a result of fire risks. At the same time, not all facilities took steps to evacuate residents or to account for resident safety. 

Indeed, a recent report from NBC Los Angeles described a 96-year-old nursing home resident in her room who could see the Eaton Fire burning nearby, outside her window. The facility where that resident lived had been evacuated, but she was left in her room. Other similar news stories told of residents in Southern California left behind in nursing home evacuations, or unable to leave nursing homes where evacuations did not occur properly. What duties do nursing homes and assisted-living facilities owe residents in the event of wildfires or other environmental hazards? Consider the following information from our Los Angeles County nursing home negligence lawyers.

Nursing Homes Must Have Preparations for Safe Evacuations

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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

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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

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Whether you have already made one or more visits to a loved one in San Diego County during the holiday season or you have plans for an upcoming visit, it is a particularly good time of the year to be on the lookout for any signs of elder abuse or neglect if your elderly loved one is living in a nursing home, a skilled nursing facility, an assisted-living facility, or any other type of residential care facility for the elderly (RCFE) in Southern California. The holiday season often involves multiple visits from family and adult children gathering to see their parents, which means adult children and other family members can work together to identify potential abuse or neglect risks.

Making a Plan to Focus on Your Elderly Loved One’s Safety 

During the holiday season — or during any time of the year when family members gather to see a loved one in a nursing home or assisted-living facility — it is helpful to make a plan to focus on health and safety. Sporadic visits at other times of the year may be relatively quick, and those visits may involve only one person stopping by an elderly parent’s nursing home room or assisted-living facility residence. When multiple family members are together, especially adult children, they can work together to consider injury risks at the nursing home or other facility and to pay particular attention to warning signs of abuse or neglect.

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Serious and fatal injuries can happen at nursing homes and assisted living facilities in Los Angeles County for many different reasons. Some of those reasons involve intentionally bad acts, including physical, emotional, and sexual abuse toward elderly residents or willful deprivation of elderly residents. Under other circumstances, older adults can sustain serious harm as a result of negligence. A staff member or the facility itself may not intend any harm, but because of issues like understaffing or employee burnout, the elderly residents might not receive the oversight and care they need to stay safe and healthy. The latter is often how choking injuries and deaths occur in nursing homes and other residential care facilities for the elderly in Southern California.

When a choking injury or death occurs, who is liable? Our Los Angeles nursing home negligence lawyers can explain in more detail.

Nursing Home Duty to Understand Choking Risks and to Take Precautions

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