Articles Posted in Nursing Home Abuse and Neglect

Residents in Los Angeles County nursing homes and assisted-living facilities should never have to worry about getting hurt because of acts of violence perpetrated by staff members or fellow residents. However, as a recent study discussed in The New York Times reveals, violence is much more common than many people suspect, and it is certainly not an uncommon occurrence. When violence occurs in a Los Angeles County nursing home or assisted living facility and a resident is injured, it is important to seek legal advice. The facility itself may be liable since it has a duty of care to residents. Our experienced Los Angeles County nursing home abuse and neglect lawyers can tell you more and can assist you if you have concerns about an elderly loved one.

Violence and Injuries Caused by Other Residents

Often, when we think about nursing home abuse or neglect and injuries resulting from it, we think about injuries caused by the intentional or negligent behavior of a staff member or employee at a nursing home. Yet, as the article in The New York Times underscores, violence caused by other residents is actually extremely common. The article explains that, in nursing homes, assisted-living facilities, and other types of “long-term care facilities, residents sometimes yell at or threaten one another, lob insults, invade fellow residents’ personal or living space, rummage through others’ possessions and take them,” and “they can swat or kick or push.”

Does the language spoken by a caregiver at a nursing home or assisted-living facility in Riverside County have an effect on the quality of care a resident receives? Do nursing homes and assisted-living facilities need to have caregivers on staff who speak the same language as the residents and who are familiar with the linguistic and cultural contexts from which residents have come to the nursing home or assisted-living facility? A recent report from McKnights Senior Living discusses initiatives to overcome language barriers for certified nursing assistants (CNAs) in California and in several other states across the country. Our Riverside County nursing home negligence lawyers can tell you more.

Language Barriers for Caregivers and Residents in Southern California Nursing Homes and Assisted Living Facilities

According to the article, there are currently significant language barriers impacting the ability of potential nursing home and assisted living facility employees to become CNAs due to language barriers. Indeed, “foreign-born workers account for 27% of the nation’s direct care workforce, but many states maintain strict, English-only testing and training requirements that can prevent some immigrants from entering the workforce.” Given that there is a significant need for more long-term care workers, efforts are underway in California and other states to make it possible for workers to pass CNA certification exams in foreign languages. In California, AB 2131 aims to allow workers to take the written and oral competency portions of the CNA exam in Spanish. 

The nursing home industry, often perceived as a sector struggling with financial viability due to reported accounting losses, presents a conundrum when analyzed through the lens of recent financial activities and market trends. Despite these reported losses, the industry has seen a surge in private equity investments and high transaction prices, suggesting a disconnect between reported financials and the actual economic value of nursing home facilities.

One explanation for this paradox is the concept of profit tunneling, where businesses who own nursing homes engage in financial maneuvers to misreport or hide true profits, essentially obscuring the true financial health of the enterprise. This tactic not only complicates the industry’s financial landscape but also raises questions about the quality of care provided in these facilities. With staffing levels directly tied to the quality of care, the financial engineering within the industry can have real-world impacts on patient care and facility operations.

Furthermore, the practice of engaging in related party transactions—where businesses make deals within a network of interconnected entities—complicates the financial transparency of nursing homes. Such transactions can mask the true profitability of these facilities, affecting everything from investment decisions to policy regulations concerning the industry.

Older adults who reside in nursing homes or assisted-living facilities in Riverside County or elsewhere in Southern California should be able to expect that the facility where they live has taken sufficient safety precautions to prevent resident injuries. However, nursing homes throughout the state, and indeed across the country, often have safety issues that can result in resident injuries. Depending on the particular hazard, injuries can range from minor to severe. In many of these cases where an injury does occur, it may be possible to hold the nursing home accountable by filing a nursing home neglect claim. Our Riverside County nursing home abuse and neglect attorneys can assist you, and in the meantime, we can tell you more about common safety issues in Southern California nursing homes.

Fall Concerns

Nursing homes have a duty to ensure that their facilities are safe and do not prevent fall hazards, including those that could result in dangerous slips and falls or trips and falls. Common fall hazards, according to the AHRQ, include a lack of grip bars in bathrooms, slick flooring, torn or damaged carpeting, lack of handrails in stairwells, and liquid spills that go uncleaned.

Nursing homes in San Bernardino County and throughout Southern California must comply with state and federal laws concerning resident care. Those laws require nursing homes to provide a particular level of care based on the resident’s needs, to comply with residents’ rights, and to ensure a certain level of safety at the facility. In recent years, questions and concerns about transparency in nursing homes have become particularly important as residents have experienced injuries due to nursing home abuse and neglect, have been transferred unlawfully to hospice facilities, and have been evicted for inexplicable reasons. 

As of January 1, 2024, a new law is in effect that requires nursing homes to provide detailed information to residents upon eviction. Our San Bernardino County nursing home abuse and neglect lawyers can tell you more.

Risk of Forcible Discharge or Eviction at California Nursing Homes

Many different types of injuries can be warning signs of nursing home abuse or neglect in San Bernardino County and throughout Southern California. Burn injuries are one type of injury that can signal physical abuse or passive neglect, depending upon the burn injury and how the nursing home resident sustained it. While burn injuries may not be quite as common as certain other types of harm reported in nursing homes (such as bed sores, for example), burn injuries do occur, and the facility and other parties could be liable. Our San Bernardino nursing home neglect attorneys can tell you more about elderly burn injuries and how they can be symptoms of abuse or neglect in Southern California nursing facilities.

Learning More About Burn Injuries in the Elderly

Older adults in nursing homes can be more susceptible to burn injuries, and burn injuries can be more problematic in older patients, as well. Indeed, as Wolters Kluwer underscores, “older adults are more prone to burn injury and are also more likely to develop complications after the injury.” In addition, “treatment outcomes are overall worse for older compared with younger adults,” and “the incidence of burn injuries in older adults is increasing.” In addition to physical harm, burn injuries can also have psychological consequences, and it can be difficult for older adults to recover from serious burn injuries.

Staff at nursing homes and assisted living facilities often discuss being overworked, feeling burnt out, and being employed at facilities where they do not earn enough money to stay engaged in their jobs. When employees at nursing homes and assisted living facilities feel overworked, underappreciated, and burnt out, the overall quality of their work can suffer, which can ultimately have a negative effect on the residents of these facilities for whom those workers provide the necessary care. Could an increase in wages for workers at nursing homes and assisted living facilities reduce the incidents of nursing home neglect or nursing home negligence in Southern California? 

According to a recent article in McKnight’s Senior Living, California’s Governor Gavin Newsom recently signed new legislation into law that will increase the minimum wage for workers at nursing homes and assisted living facilities to $25 per hour. Our Riverside County nursing home negligence lawyers want to discuss the potential impact of the increase in pay on residents at these facilities throughout the state.

Details of the Newly Signed Legislation

Having an elderly loved one in a nursing home or assisted living facility in San Diego County can be stressful, especially when there is so much news coverage about abuse and neglect impacting residents at these types of facilities. There are also many different forms of elder abuse, which can make it difficult for family members and friends to have the information they need about a particular kind of abuse. Our San Diego nursing home neglect attorneys can give you more information. The following are some of the most important things to know about passive neglect.

Passive Neglect is Not Usually Intentional

The term “passive neglect” refers to a type of elder abuse where a resident of a nursing home or assisted living facility does not receive the type or amount of care they need, but it is not usually intentional. The National Council on Aging (NCOA) defines passive neglect as “a caregiver’s failure to provide an older adult with life’s necessities, including, but not limited to, food, clothing, shelter, or medical care.” Passive neglect frequently occurs when a nursing home is understaffed.

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

Contact Information