Articles Posted in Nursing Home Abuse and Neglect

With California making national news over elder abuse at nursing homes and residential care facilities for the elderly (RCFEs), it may not come as a surprise that the Los Angeles County Department of Public Health has reassigned Ernest Poolean, the “supervisor in charge of nursing home inspections,” only a few days following the “release of a highly critical audit of his division,” according to an article in Kaiser Health News.

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Poolean’s reassignment suggests that the California Department of Public Health is beginning to look at nursing home neglect more closely and has decided to make elder abuse an important issue in Los Angeles and throughout the state.  If your elderly loved one has suffered injuries as a result of nursing home abuse or neglect, it’s very important to contact an experienced San Diego nursing home abuse lawyer. At the Walton Law Firm, we are committed to helping older adults throughout Southern California.

Chief Inspector Reassignment Details

Over the past several months, Southern California has been in the elder law spotlight.  With news of rampant nursing home abuse throughout the state and a PBS frontline special, California legislators have been looking to more closely regulate residential care facilities for the elderly (RCFEs) in our state.  During the second week of March, the San Diego Board of Supervisors made a decision to “tighten oversight of residential care facilities for the elderly,” and they also elected to fund a “one-year pilot program to investigate and prosecute crimes committed at care homes, according to an article in KPBS San Diego.

Old Man

Nursing home abuse and neglect is a serious problem in San Diego and, indeed, across the state and country.  If you suspect that your elderly loved one has been injured because of nursing home abuse or nursing home neglect, you shouldn’t hesitate to speak with an experienced California nursing home abuse lawyer.  At the Walton Law Firm, we have years of experience handling these claims, and we’re eager to help with your case.

Details of the San Diego County Supervisors’ Decision

Last week, we told you about a recent study conducted by the inspector general of the U.S. Department of Health and Human Services (HHS). The report focused on skilled nursing facilities and found that about one-third of all nursing home patients suffer injuries, and more than half were preventable. The study focused on more than 600 patients from over 600 skilled nursing facilities during a one-month period in 2011. Using these figures to project nationally, the study asserted that nearly 22,000 patients sustained injuries, and more than 1,500 patients died as a result of nursing home abuse or neglect during the month of the study.

How can we repair this shocking problem? Legislators and advocates for nursing home reform have expressed serious concern over the facts presented in this recent report. Is raising awareness about health care standards in skilled nursing facilities sufficient? Would increased inspections help? Or can we do even more to remedy the harms suffered by elderly loved ones in nursing homes?

Patients “Deserve Better,” Legislators Say

Profiting from Bad Hospice Ethics

Last week, we discussed a recent phenomenon in the hospice care industry that’s quickly becoming an elder abuse concern. Specifically, hospice—a form of care designed to allow “patients to die at home or in other familiar surroundings,” according to an article in the Washington Post—has turned into a financially lucrative business. But is it an ethical one? Are hospice companies acting outside the boundaries of the law? And is it possible to take legal action against hospice chains that recruit patients who aren’t suffering from a terminal illness?

Old%20Dying%20Woman.jpgFirst, it’s important to have a clear idea about why hospices are bringing in relatively healthy older adults, and how these companies are profiting from non-terminal patients. How did this start to happen? In short, many hospice care centers have begun recruiting patients with aggressive marketing tactics, and many of those patients aren’t terminal. It’s in the financial interest of a hospice chain to “find patients well before death,” the Washington Post reported. And the reason is simple: “Medicare pays a hospice about $150 a day per patient for routine care, regardless of whether the company sends a nurse or any other worker out that day. That means healthier patients, who generally need less help and live longer, yield more profits.”

About a month ago, the New York Daily News reported that fourteen nursing home residents at Valley Manor Community Care Home, also called Valley Springs Manor, were abandoned in “filthy and unsafe” conditions. According to the article, some of the residents at this Castro Valley, California facility were bedridden, while others were ill and simply required significant care. Reporters from NBC Bay Area referred to the situation as a “botched closure,” as the California Department of Social Services had closed the nursing facility days before but hadn’t accounted for the safety of these residents. At the time, these social services officials closed nursing home “because of deplorable conditions.”

Sheriff%27s%20Badge.jpgWhen we think about transitioning an elderly loved one into a nursing home or an assisted-living facility, we expect that the facility will provide care and won’t engage in acts of nursing home abuse or neglect. However, nursing home abuse occurs more often than we’d like to think. If you’re concerned about a loved one’s safety or care, a California elder justice advocate can discuss your case with you today.

Details of the Nursing Home Shut Down and Resident Abandonment

Sometimes we forget that nursing home abuse isn’t always physical, and it may not be obvious. Particularly with older adults, abuse can be verbal, and it can wound seniors both emotionally and psychologically. A recent study conducted by researchers at Northeastern University emphasized that older adults typically aren’t openly willing to discuss their experiences with abuse, so the study provided elderly participants with more privacy when responding to questions about mental and physical anguish. According to an article in the New York Times, the study revealed that more than one-third of seniors have suffered physical abuse, usually at the hands of their caregivers.

Yelling.jpgIt’s no secret that elder abuse and neglect is a serious issue in California and throughout the country. Indeed, over the past few months we’ve mentioned that PBS Frontline and other national news outlets, as well as our own local U-T San Diego, have attempted to raise awareness about nursing home abuse and its serious consequences. Are you concerned that an elderly parent or loved one has been abused in a nursing home or assisted-living facility? It is never too early to speak to an experienced California nursing home abuse lawyer.

Studying “Words that Wound” Older Adults

In recent weeks, news agencies have reported on financial elder abuse and related laws and settlements in California. In connection with some of the elements of financial elder abuse discussed in prior cases, the Los Angeles Times recently reported that an insurance agent carried out serious financial crimes against his elderly aunt. Toward the end of November, the ex-insurance agent was arrested and charged with financial elder abuse connected to acts committed against his own aunt. A press release from the California Department of Insurance explained that the former life insurance agent, Myles Seishin Hanashiro, 47, “was arrested and booked at Los Angeles County Jail on four felony counts of financial elder abuse.”

Behind%20Bars.jpgNursing home abuse and crimes against the elderly can take many forms, and often, financial abuse can be just as harmful as physical or emotional abuse. If you suspect that your elderly loved one has been victimized, it’s never too early to contact an experienced California elder law attorney. At the Walton Law Firm, we know how vulnerable older adults can be, and we can help you to take action today.

Details of the Financial Elder Abuse

Are you worried that an elderly loved one has been a victim of financial abuse? Each day, older adults become targets for financial scammers. Commentators are concerned that privacy laws are likely to protect some of these financial scammers, preventing elderly victims from seeking justice. According to Herb Weisbaum, “The Consumer Man” for NBC News, there’s a major disconnect in the financial world. “When,” he asks, “does the suspicion that an elderly customer is being defrauded overcome laws protecting privacy rights?” In an earlier post, we mentioned that banks might be “quiet enablers” of this kind of elder abuse.

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The problem of elderly financial abuse occurs across the country, and California isn’t immune. Who is responsible for making sure that older adults aren’t taken advantage of financially? For many victims of elder financial abuse, the ramifications are just as vicious as physical nursing home abuse. If you suspect that your elderly parent or loved one has been the victim of a financial crime, it is important to contact an experienced elder justice advocate. With years of experience handling nursing home abuse and neglect cases in Southern California, the dedicated elder law attorneys at the Walton Law Firm can speak to you today about your claim.

Bank Employees in a Position to Help?

Earlier this month, Johnson & Johnson agreed to pay a settlement of more than $2.2 billion connected to “accusations that it improperly promoted the antipsychotic drug Risperdal to older adults,” according to a recent article in the New York Times. This resolution actually represents the third-largest pharmaceutical settlement in our country, and it’s one of the largest agreements in “a string of recent cases involving the marketing of antipsychotic and antiseizure drugs to older dementia patients.” The federal government is working to ensure that pharmaceutical companies are held liable for bad drugs and bad marketing.

Pills%20Credit.jpgThis news is only the latest in many reports concerning elderly dementia patients and the varied problems of antipsychotic drugs. Indeed, the California Department of Public Health and the Department of Health Care Services have been working to reduce the “off-label” use of antipsychotic medications in nursing homes and assisted-living facilities across the state. Experienced California elder justice advocates have been handling cases involving the use of antipsychotic medications, and the dedicated lawyers at the Walton Law Firm can discuss your claim with you today.

What is Risperdal?

Have you considered elder in-home health care for one of your parents? Many families see the benefits of these in-home services, but they worry about the level of care that these agencies provide. Earlier this month, we told you about the important distinctions between in-home health care and home care—in short, the former provides medical services, while the latter simply acts as a non-medical caregiver and companion. If you hire a home care provider, you shouldn’t have to worry about elder abuse and neglect because of lackluster licensing laws.

House.jpgMany states have been tightening their oversight of home care agencies over the past several years, due to a general sense of inadequacy in the services provided by these companies. And now, California has joined that group. According to an article in the New York Times, “California has become the latest state to tighten oversight of home agencies that provide custodial care—help with bathing, dressing, toileting and other basic tasks—to older adults and people with disabilities.”

Are you concerned that your elderly loved one has been mistreated by a caregiver? Whether you’re dealing with an in-home agency or the services of a nursing home or assisted-living facility, the experienced California nursing home abuse lawyers at the Walton Law Firm today to discuss your case.

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