Articles Posted in Nursing Home Abuse and Neglect

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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

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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

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Many nursing home residents in Orange County and throughout Southern California, as well as at assisted living facilities in the area, require help with activities of daily living (or ADLs). Activities of daily living include things like getting dressed, bathing, using the bathroom, and eating. Help with ADLs does not need to be provided by a nurse, but families should be able to expect that their elderly loved ones will have the assistance with these activities that they need at any nursing home or assisted living facility in Orange County. When a facility is negligent or when an employee fails to adequately assist a resident with one of these ADLs, the resident can suffer serious and sometimes life-threatening injuries. When it comes to eating, there is a serious risk of choking among older adults who need assistance.

What do you need to know about choking hazards among older adults and facility liability for these injuries? Our Orange County nursing home neglect attorneys can say more. 

Choking Hazards and Older Adults

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Nursing home abuse and neglect in Orange County is more common than many people think, and some studies estimate that it impacts 10% or more of older adults. Indeed, according to the National Council on Aging (NCOA), one out of every 10 people aged 60 and older suffers some type of abuse each year, and some studies suggest that only about one out of every 24 cases of elder abuse is actually reported, which could mean that the rates of abuse and neglect are significantly higher than what we already know. Some signs of abuse or neglect may be more obvious than others, such as physical bruises or cuts or reports made by seniors who have experienced abuse. Yet as an article in U.S. News & World Report intimates, it is always important to think about signs and symptoms of abuse that may not be as obvious or transparent. Often, the way to learn about some of these issues is to ask questions. Our Orange County nursing home neglect lawyers can tell you more.

When Nursing Home Abuse is Not Transparent

The article in U.S. News & World Report emphasizes that, more often than you might anticipate, “there are harsh secrets in nursing homes” that frequently include “resident neglect or abuse.” As that piece underscores, the COVID-19 pandemic worsened safety and health issues that were already present in many nursing homes in California and across the country as those facilities failed to implement effective infection control measures or to address the effects of isolation and emotional neglect. Yet often, these kinds of issues will only be known to prospective residents or to current residents’ family members if they ask. 

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Nursing homes must have enough employees to provide sufficient care to residents. When skilled nursing facilities do not have enough employees to attend to the needs of all residents, the nursing home may be understaffed. It is important to know that understaffing can result in resident injuries and can be the cause of nursing home neglect, for which the facility may be liable. A nursing home or its employees do not need to engage in intentional acts of abuse or neglect for the facility to be liable. Rather, “passive neglect,” or unintentional neglect resulting from understaffing that results in injuries, can mean that the facility is legally responsible. Our San Diego County nursing home neglect attorneys can say more.

Staffing Requirements at Nursing Homes

In Southern California and throughout the state, nursing homes have a duty to have sufficient employees to provide care to the residents at the facility. Skilled nursing facilities must employ enough people to ensure that residents receive the attention and care they need and to ensure that residents do not suffer harm as a result of a lack of necessary attention or care. 

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“Cost-cutting is to be expected in any business, but nursing homes are particularly vulnerable. Staffing often represents the largest operating cost on a nursing home’s ledger. So, when firms buy a home, they cut staff. However, this business model has a fatal flaw. “Nurse availability,” Gupta and his colleagues wrote, “is the most important determinant of quality of care.”

“The data revealed a troubling trend: when private-equity firms acquired nursing homes, deaths among residents increased by an average of ten per cent.”

Read this compelling article from the New Yorker.

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While hospice fraud in Riverside County and elsewhere in Southern California is not new, California has been attempting to crack down on hospice fraud over the last year. Indeed, according to a report from ProPublica, hospice fraud has been drawing more attention recently, and it is linked to nursing home negligence and abuse throughout the country. What is hospice fraud, and how does it relate to residents of nursing homes receiving negligent or substandard care? Our experienced Riverside County nursing home neglect attorneys can provide you with more information.

Learning More About Hospice Fraud

What is hospice fraud, exactly? And what is the relationship between hospice fraud and allegations of nursing home negligence? In short, as the ProPublica report explains, hospice facilities can receive money from Medicare (or Medi-Cal in California) for patients at the hospice facility. You might be thinking that this makes perfect sense, but consider this: the Hospice Foundation of America explains that hospice is a specific type of “medical care for people with an anticipated life expectancy of 6 months or less when cure is not an option and the focus shifts to symptom management and quality of life.” If hospice is only for people who will not get better, why are nursing home residents with broken bones or other temporary conditions and injuries moving into hospices?

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Nobody wants to think about the risks of nursing home abuse in Riverside County or elsewhere in Southern California, but nursing home abuse and neglect do occur with relative frequency and can result in debilitating and life-threatening injuries among older adults. When you have an elderly loved one in a nursing home in Riverside County or anywhere else in the area, it is important to know about common signs and symptoms of abuse so that you can take steps quickly to stop the abuse and hold the facility accountable. Given that many family members visit elderly relatives in nursing homes during the holiday season, the early days of the new year are a good time to assess a loved one’s quality of life in their nursing home and to consider any signs of abuse or neglect.

Our Riverside County nursing home abuse and neglect lawyers can tell you more about some of the most common indicators of abuse and neglect in California nursing homes.

Unexplained Injuries

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When most of us think about nursing home abuse in San Bernardino County, we think about instances of physical abuse, emotional or psychological abuse, or even sexual abuse. Many people also know that passive neglect, which can result in serious resident harm, can lead to a nursing home abuse and neglect claim. Yet discussions about resident-to-resident abuse are less common. What should you know about resident-to-resident abuse in Southern California? The most important thing to know is that nursing homes have a duty to protect patients from injuries and to appropriately handle instances of abuse and neglect, even when the perpetrator is another resident. As such, similar to cases involving other forms of abuse, nursing homes may be liable for resident-to-resident abuse. Our San Bernardino nursing home abuse attorneys can provide you with more information.

Resident-to-Resident Mistreatment Can Take Many Forms

Resident-to-resident abuse or mistreatment is a form of nursing home abuse or neglect that is often overlooked. According to the National Center on Elder Abuse (NCEA), resident-to-resident abuse or mistreatment can be defined as “negative, often aggressive, interactions between residents in long-term care communities.” This type of abuse or mistreatment may include “physical, verbal, and sexual abuse,” and the NCEA emphasizes that it is “likely to cause emotional and/or physical harm.”

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Nobody wants to think about the risks of injury that an elderly loved one could face in a nursing home or assisted living facility in Riverside County. Yet nursing home negligence and elder abuse and neglect are more common than you might expect. As a result, seniors in nursing homes and residential care facilities for the elderly (RCFEs) sustain injuries that could have been avoided with proper care. How can you prove that the facility is responsible for a resident’s injuries? And what type of evidence can be used in a Southern California nursing home negligence lawsuit? Our experienced Riverside County nursing home neglect lawyers at our firm can provide you with more information.

Understanding the Elements of a Nursing Home Negligence Case

First, in order to prove liability in a nursing home negligence lawsuit, you should know that you will need to prove the elements of a negligence claim. While the specific and detailed elements of your case will be based on the circumstances and facts surrounding your elderly loved one’s injuries, the following are the general elements of a negligence claim in California:

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