Articles Posted in Riverside Nursing Home

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Does the language spoken by a caregiver at a nursing home or assisted-living facility in Riverside County have an effect on the quality of care a resident receives? Do nursing homes and assisted-living facilities need to have caregivers on staff who speak the same language as the residents and who are familiar with the linguistic and cultural contexts from which residents have come to the nursing home or assisted-living facility? A recent report from McKnights Senior Living discusses initiatives to overcome language barriers for certified nursing assistants (CNAs) in California and in several other states across the country. Our Riverside County nursing home negligence lawyers can tell you more.

Language Barriers for Caregivers and Residents in Southern California Nursing Homes and Assisted Living Facilities

According to the article, there are currently significant language barriers impacting the ability of potential nursing home and assisted living facility employees to become CNAs due to language barriers. Indeed, “foreign-born workers account for 27% of the nation’s direct care workforce, but many states maintain strict, English-only testing and training requirements that can prevent some immigrants from entering the workforce.” Given that there is a significant need for more long-term care workers, efforts are underway in California and other states to make it possible for workers to pass CNA certification exams in foreign languages. In California, AB 2131 aims to allow workers to take the written and oral competency portions of the CNA exam in Spanish. 

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Older adults who reside in nursing homes or assisted-living facilities in Riverside County or elsewhere in Southern California should be able to expect that the facility where they live has taken sufficient safety precautions to prevent resident injuries. However, nursing homes throughout the state, and indeed across the country, often have safety issues that can result in resident injuries. Depending on the particular hazard, injuries can range from minor to severe. In many of these cases where an injury does occur, it may be possible to hold the nursing home accountable by filing a nursing home neglect claim. Our Riverside County nursing home abuse and neglect attorneys can assist you, and in the meantime, we can tell you more about common safety issues in Southern California nursing homes.

Fall Concerns

Nursing homes have a duty to ensure that their facilities are safe and do not prevent fall hazards, including those that could result in dangerous slips and falls or trips and falls. Common fall hazards, according to the AHRQ, include a lack of grip bars in bathrooms, slick flooring, torn or damaged carpeting, lack of handrails in stairwells, and liquid spills that go uncleaned.

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Staff at nursing homes and assisted living facilities often discuss being overworked, feeling burnt out, and being employed at facilities where they do not earn enough money to stay engaged in their jobs. When employees at nursing homes and assisted living facilities feel overworked, underappreciated, and burnt out, the overall quality of their work can suffer, which can ultimately have a negative effect on the residents of these facilities for whom those workers provide the necessary care. Could an increase in wages for workers at nursing homes and assisted living facilities reduce the incidents of nursing home neglect or nursing home negligence in Southern California? 

According to a recent article in McKnight’s Senior Living, California’s Governor Gavin Newsom recently signed new legislation into law that will increase the minimum wage for workers at nursing homes and assisted living facilities to $25 per hour. Our Riverside County nursing home negligence lawyers want to discuss the potential impact of the increase in pay on residents at these facilities throughout the state.

Details of the Newly Signed Legislation

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Since nursing home abuse and neglect in Riverside County can take many forms, it can be challenging to know whether or not a specific sign is likely to indicate nursing home abuse. It is imperative to keep in mind that any sign or symptom that raises concern should be investigated. Given that even small changes in a senior’s behavior can indicate a much larger problem, it is critical to take any concerns seriously. At the same time, some signs and symptoms of nursing home abuse and neglect are more common than others, so you should be particularly attuned to certain indicators. The following are ten of the most common signs of elder abuse in nursing homes and assisted living facilities in Southern California.

1. Unexplained Bruises and Other Soft Tissue Injuries

Anytime a senior has unexplained bruises, cuts, burn marks, or any other related injuries, they should be taken extremely seriously. They are often a sign of physical abuse.

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Older adults, including nursing home and assisted-living facility residents in Riverside County, may be more likely to suffer serious fall injuries than younger people. Yet it is important to remember that falls are preventable, and nursing homes have a duty to take steps to ensure resident safety. If a fall does occur in a Riverside County nursing home or assisted-living facility, it is important to seek advice from a Riverside County nursing home negligence lawyer who can determine whether the facility may be liable. In the meantime, the following are five things you should know about falls and nursing homes.

1. Falls are Extremely Common But Preventable Among Older Adults

Falls occur much more frequently than you might think among older adults. Indeed, according to the Centers for Disease Control and Prevention (CDC), there were 36,000 fall-related deaths among adults aged 65 and up in 2020, which makes falls the “leading cause of injury death for that group.” Around 3 million older adults experience injuries in falls that require treatment in an emergency department, and approximately 800,000 require hospitalization. Among older adults, about 20% of all falls result in serious injury.

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As a law firm who specializes in the abuse and neglect of seniors, it’s important to stay informed about cases involving elder abuse. Unfortunately, these cases occur far too often, and can take many forms, including physical abuse, emotional abuse, and neglect. Neglect, in particular, is a type of elder abuse that can be difficult to detect, but can have devastating consequences.

Recently, a registered nurse who worked at a Riverside assisted living facility was charged with abuse by neglect of a 69-year-old woman who died after she developed gangrene. Emily Jones, 40, of Riverside, has pleaded not guilty to elder abuse that caused great bodily injury and remains free on $50,000 bail.

According to prosecutors, Jones was a case manager for a resident at Brookdale Senior Living in 2017 when she failed to properly assess an ulcer on the woman’s right heel. As a result, a Plan of Care was never developed, and the ulcer worsened into a wound that required the resident to undergo emergency surgery to her right foot, which had become septic and gangrenous. Jones also failed to notify a doctor and the woman’s family that her health was declining as a result of the lack of care, and she eventually died.

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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 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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When you have concerns about an elderly loved one’s safety in a nursing home, it can be difficult to identify signs and symptoms of nursing home abuse. Under some circumstances, it might seem as though there are logical explanations for certain indicators of abuse or neglect, while in other situations, the signs and symptoms of abuse simply might not be obvious. While it is critical for friends and family members of nursing home residents to know how to spot indicators of abuse, it is also important to remember that residents may be able to provide key information about neglect or negligence taking place at the nursing home. Although seniors with Alzheimer’s disease or other forms of dementia may not be able to voice their concerns directly, certain questions may be able to provide helpful information.

When you have a loved one in a nursing home, you should learn about the types of questions you can ask to identify indications of abuse. The following types of questions may be able to reveal abuse or neglect.

Questions Concerning Daily Activities

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Nursing home abuse and neglect in Riverside County can take many different forms, and it can be difficult for family members visiting elderly loved ones to recognize signs and symptoms of some types of abuse. In particular, passive neglect injuries—in which the nursing home negligence led to the harm—may be attributed to circumstances that do not immediately stand out as neglect. As such, it is important to know when a facility may be responsible for a senior’s injuries.

For example, if an elderly resident in a nursing home suffers a bone fracture and must receive medical attention at a hospital, the nursing home might inform the family that the elderly resident slipped and fell on her way to the bathroom. Yet the fall may have been prevented if adequate staff were employed by the facility to assist that resident to the bathroom. Or, for example, a family member might learn that bed sores resulted from the resident being temporarily confined to bed because of an unrelated illness. Yet those bed sores may have been prevented if a staff member had been providing regular care to the resident confined to his or her bed. In such circumstances, the nursing home may be liable for negligence. The following are some of the most common injuries that result from passive neglect at nursing homes.

Bed Sores

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