Articles Posted in Nursing Negligence

For the past several years, there has been significant discussion about the consequences of changing American demographics. More specifically, the American population is aging at a very steady rate. As the Baby Boomer generation reaches retirement age, the percentage of the population over 65 steadily rises. In fact, according to some estimates, the fastest growing segment of the population are those over 65 years old. The U.S. Census Bureau estimates that in the next fifteen years, the percentage of the population that is over retirement age will double from where it now stands. It is hard to underestimate the long-term consequences of this demographic shift.

For example, the aging of the population has significant effects on senior care. More and more community members need close care, and there are concerns about the availability of caregivers. There are only a limited number of nursing home and assisted-living facilities. Even still, many seniors would rather not move into those spaces where possible, and so there has been a surge in seniors who move in with family members or close friends.

Sadly, as outlined in a recent CBS 8 story, the growing need for senior care has been followed by a rise in complaints about elder abuse–perpetrated both at skilled nursing facilities and in at-home care settings. One way the increase has been noted is by the rise in elder abuse shelters.

Many California seniors seek care in nursing facilities across our state when they find that they can no longer care for themselves or, simply, if they do not wish to continue to live on their own. When deciding to reside in a long-term care facility, no one expects that they will become the victim of neglect or abuse. Unfortunately, as the attorneys at the Walton Law Firm know, elder abuse perpetrated by caregivers is very common.

For example, two El Dorado County nurses have recently been charged with felony elder abuse involving the 2008 death of 77-year-old Johnnie Esco. Our Orange County elder abuse lawyers previously discussed the elderly woman’s tragic death because her case revealed the shocking and negligent practice of record falsification at California nursing homes. The 77-year-old suffered from Alzheimer’s disease and was recovering from pneumonia. Her death was caused by staff negligence. Nurses were supposed to closely monitor the patient because her medications gave her chronic constipation, according to an article in the San Jose Mercury News. Their failure to do so left the elderly woman with severe fecal impaction, and she died the day after arriving at a local hospital. Doctors also discovered unexplained bruising on the woman’s body.

The nursing staff’s failure to monitor the elderly woman amounted to nursing home negligence. Prosecutors involved in the case stated in court documents that both defendants “clearly neglected” their patient, causing her to suffer “unjustifiable pain.” Those of us working in San Diego area elder abuse understand there is nothing worse than knowing a loved one died in pain. Even worse, in this instance, the staff at the El Dorado County nursing home attempted to cover up their actions and allegedly altered their patient’s medical records to hide their neglect and abuse.