Articles Posted in Nursing Home Abuse and Neglect

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Fb9bc088db57af5328b8a36aa37a8e6e_article-300x169If your elderly loved one resides in a San Diego nursing home and requires antibiotics for a bacterial infection, can you trust that your loved one is receiving the proper medication? According to a report from Kaiser Health News, “antibiotics are prescribed incorrectly to ailing nursing home residents up to 75 percent of the time,” based on data gathered by the U.S. Centers for Disease Control and Prevention (CDC). When seniors are not provided with the right antibiotics, the antibiotics can lose their effectiveness, leading those same seniors to develop serious and life-threatening conditions at a later date when those antibiotics no longer function as they should. Do these medication errors rise to the level of nursing home abuse or neglect? What can you do to help your elderly parent to avoid contracting a superbug at a nursing facility in Southern California?

Learning More About the Rise of Superbugs in Nursing Homes

As the article explains, just about one year ago, the CDC advised nursing homes across the country that they needed to take immediate action “to protect more than 4 million residents from hard-to-treat superbugs that are growing in number and resist antibiotics.” Elderly people in California nursing homes are particularly vulnerable to superbugs because their immune systems are not as strong as they once were. As the CDC has emphasized, “one way to keep older Americans safe from these superbugs is to make sure antibiotics are used appropriately all the time and everywhere, particularly in nursing homes.”

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ydigmrc7xsc-christopher-300x225Has an elderly loved one mentioned a fall-related injury in a nursing home or assisted-living facility in San Diego County? Or, have you learned that an elderly parent suffered a fall while under the care of a nursing home staff? Falls often result from nursing home neglect, and it is important to ensure that our elderly loved ones are safe from preventable accidents and injuries. According to a recent article in the Chicago Tribune, fall-related injuries are becoming a more serious concern in California and throughout the country. One researcher in particular, Jon Pynoos, emphasizes that falls really are preventable. What should you know about falls among the elderly and learning about new methods of prevention?

Paying Greater Attention to Falls Among the Elderly

As the article notes, about “one-third of seniors over 65 fall each year, causing more than 2.5 million injuries treated in ERs, leading to 734,000 hospitalization and more than 30,200 deaths, with an annual price tag exceeding $40 billion.” Those rates will only increase as the U.S. population continues to age, according to the Centers for Disease Control and Prevention (CDC). The CDC estimates that deaths from falls among the elderly will rise to around 100,000 per year—a number that is four times the current rate of fall-related fatalities. Given these numbers, both government and private funding sources to study fall prevention have helped to make new research possible.

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Sitting_Room_At_The_Braeside_Home_In_Preston_Ontario,_1947_(5933797538)According to a recent report from U.S. News & World Report, nursing homes in California, including in San Diego, may rank better than facilities in other parts of the country. However, just because a nursing home makes the list for having the highest number of high-quality nursing homes, according to a recent article in Senior Housing News, that fact alone does not necessarily correspond to the state having a particularly high percentage of high-quality facilities. If you have a loved one who currently resides in a nursing home in Southern California, or if your aging parent soon may be moving into an assisted-living facility, it is important to understand what nursing home rankings do (and do not) mean.

What can we learn about the quality of California’s nursing homes from the report in U.S. News & World Report? What other issues do we need to take into consideration when evaluating the quality of a particular nursing home and the risks of nursing home abuse?

Rankings for High-Quality American Nursing Homes

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LAFD_ambulanceWhen an elderly loved one in San Diego requires nearly constant medical care, many family members are at their most concerned when that loved one has to be hospitalized. However, according to a recent article in California Healthline, one of the most dangerous periods for elderly patients actually starts after they leave the hospital, and perhaps not for the reasons you might think. The problem is not that the elderly person does not receive sufficient care after a hospital visit, but rather that the patient failed to receive proper care while in the healthcare facility. Does this rise to the level of elder neglect?

Problems Associated with Poor Transitional Care

The time between leaving the hospital and receiving care either from a home caregiver or staff members at a nursing home in Southern California is known as a period of “transitional care.” As Alicia Arbaje, an assistant professor at the Johns Hopkins School of Medicine explains, “poor transitional care is a huge, huge issue for everybody, but especially for older people with complex needs.” While “the most risky transition,” Arbaje explains, “is from hospital to home with the additional need for home care services,” since it is the type of situation about which the least is known, injuries resulting from poor transitional care can also happen when the patient goes from a hospital to a local nursing home.

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454px-The_PhotographerIf you have an elderly loved one in a San Diego nursing home, should the prevalence of sex offenders within the facility impact how you gauge your relative’s personal safety and risk of nursing home abuse? We are not referring to convicted sex offenders who are working at nursing homes or assisted-living facilities, but rather convicted sex offenders who themselves are seniors and require attention in a facility designed for the elderly. Do such situations increase the likelihood of elder sexual abuse in the nursing home setting?

Notifying Nursing Homes About Residents on the Sex Offender Registry

A recent article in the Dayton Daily News raised this question, pointing out that in California the law requires the Department of Corrections or another agency to notify the nursing home if a person who is listed on the sex offender registry plans to move into a care facility. In the event that a government agency does not report this information, it is up to the offender to self-report that she or he is on the sex offender registry. In addition, nursing homes in San Diego and across the state are required to “notify all residents and employees,” according to the article. But are those steps sufficient to protect other residents from the risk of elder sexual abuse? On a related note, does the risk of being a victim of elder sexual abuse increase when an elderly person on the sex offender registry moves into a nursing home?

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Patch_of_the_San_Diego_Police_DepartmentLaw enforcement officials are often in a unique position to recognize signs and symptoms of elder abuse in the San Diego area. Yet, as an article from In Public Safety points out, police officers frequently are not sufficiently trained in recognize nursing home abuse and neglect, and as such they inadvertently miss the symptoms that could help to prevent future injuries and, in some cases, deaths. Since nursing home abuse cases also can coincide with calls concerning assault and domestic violence, it is important for law enforcement officers to be trained to recognize the signs of elder abuse.

Getting Law Enforcement Officials in California Involved in Elder Abuse Awareness

One of the first things we can do, the article suggests, to change the ways in which police officers evaluate whether someone has been the victim of elder abuse is to require specific training about nursing home abuse and neglect. In our state, the California Department of Social Services (CDSS) does have required training for mandatory reporters, but not all law enforcement officials understand the extent of elder abuse in the community and the ways that we can work together to help prevent it.

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page1-424px-Looqi_polsband_productfoto.pdfCan nursing homes and assisted-living facilities in Chula Vista and Escondido do more to prevent wandering among dementia patients? According to a recent article in McKnight’s Senior Living, “wandering and elopement are among the oldest challenges senior living communities face.” While incidents of wandering often do not lead to any serious harm, in some cases, seniors who do not have proper supervision can sustain severe and even fatal injuries as a result of wandering from the facility. Typically, cases of wandering and elopement involve patients who are suffering from dementia.

Given that wandering often results from limited staffing that may rise to the level of nursing home neglect, certain innovators have begun to imagine ways in which technology might be able to help. As the article discusses, technological innovations, such as radio frequency and real-time location devices, as well as behavior-tracking tools, can allow facilities to track residents and to prevent them from wandering outside the facility.

Learning More About Statistics on Wandering and Elopement

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800px-Old_Man_in_San_JoseCalifornia law has proven to be a step ahead of federal law when it comes to banning arbitration agreements in nursing homes in order to prevent elder abuse. A recent Medicare final rule has banned nursing homes “from requiring patients to agree to mandatory arbitration prior to admission,” according to an article in Bloomberg BNA. Another article in The New York Times emphasized the importance of this new rule. When the Centers for Medicare & Medicaid Services (CMS) released news of the final rule on September 28, San Diego nursing home residents already were protected against mandatory arbitration agreements under section 1599.81 of the California Health & Safety Code.

Yet the Medicare final rule still has relevance for San Diego residents. First, anyone living in Southern California who has elderly loved ones in another state now can be assured that those seniors, too, are protected against mandatory arbitration agreements. In addition, the new Medicare final rule also does more than protect against mandatory arbitration agreements, and those additional requirements will apply to elderly residents of nursing homes and assisted-living facilities in the San Diego area.

How California Law Compares to CMS Final Rule on Arbitration Agreements

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799px-Alcohol_bottles_photographed_while_drunkHow broad is the term nursing home neglect? For instance, when a senior has a problem with drug or alcohol abuse and lives in a nursing home or an assisted-living facility in Southern California, does the facility have a duty to prevent the senior from obtaining potentially harmful substances? And if the facility knows about a history of drug or alcohol abuse and does not take precautions to limit a senior resident’s access to alcohol or prescription drugs, can the nursing home be responsible for injuries that occur? According to a fact sheet from the National Council on Alcoholism and Drug Dependence (NCADD), it can be difficult to recognize signs and symptoms of substance abuse among older adults.

Should we be able to expect that facilities will look into signs and symptoms of substance abuse among elderly residents? And if a facility in San Diego already knows that one of its residents has a history of drug or alcohol abuse, what must it do differently in other to avoid allegations of nursing home negligence?

Difficulty Identifying Senior Residents with Substance Abuse Problems

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NAMI_logoWhat do you know about mental health and nursing home neglect?

According to an article in Psychology Today, mental illness has become “the biggest economic burden of any health issue in the world, costing $2.5 trillion in 2010” alone. By 2030, that cost is expected to nearly triple to $6 trillion. However, despite the prevalence and costliness of mental illness—approximately 450 million people across the world currently suffer from some form of mental illness—the article emphasizes that mental health conditions continue to carry a stigma that prevents us as a society from talking about them openly and honestly. Unsurprisingly, the continued stigma of mental health or mental illness also makes its way into nursing homes, where patients who suffer from a mental health condition often becomes victims of nursing home abuse or neglect.

What can we do to prevent elder neglect among mental health patients?

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