Articles Posted in San Diego Elder Abuse

Elder abuse in nursing homes in San Diego County takes many different forms, and certain types of abuse or neglect can often be more difficult to identify than others. While physical abuse commonly produces signs of more obvious physical injuries, signs of sexual abuse may not be as apparent to a friend or family member visiting an elderly loved one in a nursing home or assisted living facility. While it can be difficult to think about sexual abuse and sexual violence occurring in nursing home settings, it is critical to remember that sexual abuse of elderly nursing home residents occurs more often than many people suspect, and it can have physical and psychological consequences.

What are signs of sexual abuse to look for if you have concerns about an elderly loved one’s safety in a San Diego County nursing home? Consider some of the following signs and symptoms identified by the National Council on Aging (NCOA), and be sure to contact an experienced San Diego nursing home abuse lawyer if you notice any of them when you visit an elderly relative at a skilled nursing facility or residential care facility for the elderly.

Understanding Sexual Abuse in Nursing Homes

Nursing home abuse can take many different forms in San Diego County, including sexual abuse. In Southern California, nursing home residents can be victims of sexual abuse and assault perpetrated by other residents, as well as by staff members. According to a recent report from KPBS, the California Department of Public Health (CDPH) is supposed to be transparent in providing information about nursing homes and histories of abuse, yet a recent investigation suggests that records of sexual abuse contain “inaccuracies and omissions.” It is important to be able to recognize signs of nursing home sexual abuse and to consider filing a claim against the negligent facility where the abuse occurred. 

California Department of Public Health’s Reporting of Sexual Abuse

The KPBS report discusses various incidents of sexual abuse in California nursing homes that have been identified as “enforcement actions” with findings of nursing home negligence. For example, the report discusses a case in which a woman in a nursing home alleged that she was raped by her caregiver. The investigation report, which can be found in the Cal Health Find Database, concludes that the nursing home where the sexual assault is alleged to have occurred “failed to provide a safe environment” for the resident. However, as the KPBS report points out, “one has to dig deep into what is known as CDPH’s ‘transparency website’ to find it.” Indeed, as the report underscores, the “main complaint page describes the attack as simply employee-to-resident abuse that was substantiated.”

Nursing home neglect can take many different forms in San Diego County. In some cases, a senior in a nursing home or assisted living facility might be harmed as a result of willful deprivation, where a staff member refuses to provide the senior with the medications, medical devices, or care they need. Under most circumstances, however, nursing home neglect is not intentional. Rather, injuries arising out of neglect in Southern California result from issues like understaffing, lack of appropriate training for staff members, and ultimately, a failure for an elderly nursing home resident to receive the care they need without any intention by the facility to cause harm. Yet just because a nursing home or assisted living facility in San Diego County does not intend to cause injuries or any other type of harm does not mean that the facility cannot be held accountable.

Infections are one type of harm for which nursing homes and assisted living facilities in San Diego County can be liable if any infection results from negligence. Our San Diego County nursing home negligence attorneys can provide you with more information.

Nursing Homes Have a Duty to Prevent Infections

Nursing home abuse injuries can affect any resident of a nursing home in San Diego County or elsewhere in Southern California, regardless of age, sex, or health condition. However, it is important to know that there are risk factors that can make it more likely that a nursing home resident will be subject to nursing home abuse or neglect. To be clear, the fact that a nursing home resident has one or more of the most common risk factors for abuse does not necessarily mean that the resident will be subject to abuse, but that they are at greater risk for harm from abuse or neglect. Consider some of the following risk factors that could make elder abuse or neglect in a nursing home more likely.

Physical Health Issues

According to the World Health Organization (WHO), physical health and mobility issues are common risk factors for nursing home abuse. When an older adult requires assistance with physical care, mobility, and activities of daily living (ADLs), that older adult is more likely to be subject to abuse or passive neglect. Activities of daily living can include dressing and eating, but they can also include bathing and bathroom assistance. Not only can these seniors be at greater risk for acts of intentional physical or emotional abuse, but they can also be more likely to suffer injuries if they do not receive the level of care they need.

While most residents of San Diego County who have loved ones in nursing homes are not thinking about risks of dehydration when they worry about elder abuse and neglect, it is important to know that dehydration is a serious issue that can lead to severe and life-threatening harm. Much too often, nursing home residents become dehydrated and suffer serious harm because employees at the facility failed to provide a reasonable level of care. Indeed, according to an article in Reuters, “people in nursing homes are more likely to be dehydrated than elderly people living in the community.” 

What do you need to know about dehydration risks in nursing homes in San Diego County? Consider the following when you are looking for a facility for a loved one or assessing a loved one’s risk of injuries in a skilled nursing facility in Southern California.

Common Causes of Dehydration in Nursing Homes

Nursing home residents in Orange County have a wide variety of rights under California law, which are designed to protect nursing home residents from elder abuse and neglect. Much too often, seniors in skilled nursing facilities in Southern California are still subject to poor care and intentional abuse, and many suffer serious or life-threatening injuries as a result. However, it is still important for older adults and their families to know what their rights are under California law. 

Even if the existence of nursing home residents’ rights are insufficient to prevent nursing home abuse or neglect from happening in the first place, recognizing rights and understanding when they have been violated may allow a senior or her family to take action by filing a claim against the facility or a particular healthcare provider. The following are examples of the resident rights in Orange County nursing homes.

General Residents’ Rights in California Nursing Homes

paolo-bendandi-s8Wrjl8-AeY-unsplash-copy-300x197When we think about nursing home abuse and neglect in San Clemente, we often think about the role that healthcare providers and nursing facility staff members play in perpetrating elder abuse or failing to take proper care of an elderly loved one. While elder abuse certainly occurs in nursing home settings due to abuse and neglect perpetrated by employees of the facility, it is also important to keep in mind that many elder abuse injuries occur because of a family member’s behavior. According to a recent study reported in Physician’s Weekly, elder abuse is perpetrated most often by family members—both family members who serve as caregivers and family members who otherwise have regular contact with seniors.

Elder Abuse and Family Members: What the Recent Study Says

The recent study on elder abuse sought to determine what type of person is most commonly responsible for perpetrating abuse. The study was conducted by a team of researchers led by Dr. Gali H. Weissberger at the University of Southern California in Alhambra, and it was published in the Journal of Applied Gerontology. Dr. Weissberger and the other researchers relied on data from the National Center on Elder Abuse (NCEA) resource line from 2014 through 2017. The analyzed nearly 2,000 calls that came into the resource line, concluding that “42.2% involved alleged abuse,” and in nearly 47% of those cases involving abuse, “the most commonly identified perpetrators were family members.”

daniele-levis-pelusi-9BObZ4pzn3Y-unsplash-copy-300x225When a patient in an Escondido nursing home suffers serious illness or injury as a result of a “superbug,” is nursing home negligence to blame? In other words, if a facility fails to take proper precautions to prevent nursing home patients from contracting “superbugs,” or medication-resistant bacteria and fungi, can that facility be held responsible for nursing home neglect? That is a question that elder safety advocates have begun asking in the wake of news about superbugs causing serious and fatal injuries in hospitals and nursing homes across the country. 

How Nursing Homes are Grappling with Superbugs

According to a recent article in Kaiser Health News, hospitals and nursing homes in California have begun using a strategy that might strike readers as bizarre at first: The facilities have started “washing patients with a special soap.” Along with facilities in Illinois, California nursing homes and hospitals are among the first to begin using this strategy, funded by about $8 million in total from the U.S. Centers for Disease Control and Prevention (CDC). In all, about 50 facilities in both California and Illinois are employing this new procedure.

jorge-lopez-284336-copy-300x200When you have an elderly loved one with mental health issues in San Clemente, it can be difficult to find a skilled nursing facility that can provide the type of care, as well as the quality of care, that your family member needs. Having a loved one with a mental health issue can mean that she or he may be more vulnerable to nursing home abuse or neglect, or at least the ability to identify and properly report it. As such, it is often particularly important for families searching for nursing homes for a loved one with a mental illness to find a facility with high marks and a history of quality care.

According to a recent article from Reuters Health, “even people with common and often treatable mental health problems like depression and anxiety may have a harder time than patients without these diagnoses getting admitted to a high-quality nursing home.” How does an elderly patient’s mental health impact his or her ability to get accepted into a particular nursing home or assisted-living facility?

Study Says Nursing Homes With High Ratings May be Less Likely to Accept Patients With History of Mental Health Problems

jorge-lopez-284336-copy-300x200Whether you live in Vista or elsewhere in San Diego County, you may have an elderly loved one who resides in a nursing home or an assisted-living facility in the area. Given the frequent news reports about elder abuse and neglect, you may worry about your elderly loved one’s safety. While nursing home abuse can occur in almost any facility, a recent report in the Star Tribune highlighted elder abuse prevention efforts in San Diego County specifically, describing the work of San Diego County law enforcement as “a model to protect seniors.”

Are seniors getting safer in Southern California nursing homes, or do we need to remain just as vigilant about the risks of elder abuse and neglect in Vista?

San Diego County’s Approach to Elder Abuse Investigations

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