Articles Posted in Physical Abuse

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Nursing-Home-AbuseNursing Home Neglect Lawyers Representing Residents and Families in Orange County, California

Nursing homes in Orange County have a duty to abide by residents’ rights under state and federal law, and to ensure that residents receive adequate medical care based on their individual needs. If a nursing home in Orange County or elsewhere in California fails to provide proper medical care to a resident, from failing to provide any medical care to providing the wrong medical care or providing it in an untimely manner, the facility can be legally accountable for breaching its duty of care. Failure to provide proper medical care in an Orange County nursing home is not usually intentional, but rather is a result of understaffing or burned-out staff members who do not recognize signs of medical needs or forget to attend to specific residents at particular times.

It does not matter if a failure to provide proper medical care is intentional or accidental. Our Orange County nursing home neglect lawyer can help you to file a claim and to hold the facility accountable.

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IMG_29490008-300x227When a loved one is injured or declines unexpectedly in a nursing home or assisted living facility, families in Riverside County often feel caught off guard. Many facilities are located far from hospitals, understaffed, or operated by large corporate chains that prioritize occupancy over care. Knowing how to find a qualified nursing home neglect lawyer in Riverside County can make the difference between unanswered questions and real accountability.

Why nursing home neglect cases in Riverside County require careful legal selection

Riverside County has one of the fastest growing senior populations in Southern California. With that growth has come a rapid expansion of skilled nursing facilities and assisted living communities, many of which operate with thin staffing margins. Neglect cases frequently involve preventable falls, pressure ulcers, dehydration, medication mismanagement, and delayed responses to medical emergencies.

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When we transition a loved one into a long-term care facility, we do so with the expectation of safety and professional care. We watch for common red flags like bedsores or unexplained bruises. However, one of the most devastating yet under-discussed forms of mistreatment is sexual assault. A harrowing case out of El Cajon serves as a stark reminder that sexual violence is a reality in some facilities, often exacerbated by systemic negligence.

A Heartbreaking Failure at Avocado Post Acute

A report from KPBS News recently detailed a horrific incident at Avocado Post Acute in El Cajon. A 73-year-old resident was subjected to what she described as “one of the most horrifying experiences of her life.” During what was supposed to be a routine diaper change, a male nursing assistant ignored her pleas to stop, eventually sodomizing her.

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When a 911 call originates from a nursing home or assisted-living facility, the responding paramedics are often the first objective eyes to enter a resident’s living space. Because they bridge the gap between the private confines of a care facility and the public healthcare system, emergency medical responders (EMRs) are in a unique position to identify signs of abuse or neglect that might otherwise remain hidden behind closed doors.

As noted in reports from KRCR News regarding elder care in Northern California, first responders are frequently the “canary in the coal mine.” Their observations during those first few minutes on the scene can be the difference between a senior remaining in a dangerous situation or receiving life-saving intervention.red-cross-29930_1280

California Law and the “Mandated Reporter”

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When we think about nursing home abuse and neglect, most of us imagine a scenario in which a healthcare professional or nursing home employee mistreats an elderly resident. However, a recent study conducted by Cornell University Weill Medical College found that many facilities actually see “a high level of resident-to-resident elder mistreatment.”

Nursing home abuse can take many different forms, and it can result in serious and life-threatening injuries to your elderly loved one. If you believe that your parent has been the victim of nursing home abuse or neglect, do not hesitate to contact an experienced San Diego elder abuse lawyer.

file0001780974018Aggressive Encounters with Fellow Residents

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Statistics in Southern California suggest that elder abuse is an extremely underreported crime, which means that many older adults suffer injuries while their abuses go unpunished. A recent article in the Los Angeles Daily News reported that Los Angeles officials recently indicated that the city will take greater efforts to protect the elderly from nursing home abuse. How will these new measures work? In short, millions of dollars in funding are going to flow in from the Department of Justice and the Verizon Corporation.

DSC_5767Elder Abuse Prevention Grants to the City of Los Angeles

Will San Diego be able to get the kind of funding that Los Angeles recently received? Grants totaling $1.6 million were provided in Los Angeles primarily to train police officers to recognize signs and symptoms of elder abuse—a skill that officials hope will lead to more abuse and neglect reporting. Last year, the Los Angeles Police Department saw a shockingly low number of elder abuse reports—only 100. To place that number in perspective, the LAPD received more than 11,000 claims of domestic violence reports in 2013.

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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

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The Sacramento Business Journal reported today on a new website that the California Department of Insurance launched in order to help educate California seniors. The article highlights a few aspects of the new site called “Senior Gateway”, but once you visit the site, you see that it has a lot to offer to not only seniors, but their families, caregivers and representatives as well.

Here are a few bullet points outlined by the Sacramento Business Journal for what “Senior Gateway” offers:

*Avoiding and reporting abuse and neglect by in-home caregivers or in facilities

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Two caregivers are charged with physically abusing a young autistic man inside his family’s home. This story emphasizes the serious issue of whether or not you can trust your in-home caregiver. The U-T San Diego recently reported that two men, Michael Dale Garritson, 61, and Matthew Alexander McDuffie, 27, were charged with abuse after a secret video showed them physically abusing the 23-year-old autistic man, Jamey Oakley – hundreds of times over a three-week period.

This latest news story screams several questions that anyone who employs in-home care must be dying to ask.

How Did This Abuse Happen?

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Peer-on-peer abuse in the nursing home setting is a problem that gets very little attention, but occurs with more and more frequency. A horrific example of this occurred two weeks ago at Chino Valley Health Care Center in Pomona. On November 23rd, John Lazzaro, a 91-year-old resident of the rehabilitation hospital, was killed after being attacked by fellow resident Matthew Harvey, who was only 47.

The details of the attack are kind of sketchy, but according to news accounts Lazarro was found in his room with severe wounds to his arm and face. So severe were the wounds to his arm it required amputation. It is very likely that Mr. Lazzaro couldn’t survive the surgery and died shortly thereafter.

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