Articles Posted in San Diego Elder Abuse

California lawmakers are locked in an interesting situation with elderly people who require in-home support and the individuals charged with providing the in-home care. The “In-Home Supportive Services Program,” is the government program designed to provide at-home care for low-income elderly, blind and disabled people so they may remain in their homes as an alternative to institutional care. Yet, the program is under scrutiny as additional evidence of lax employment requirements by the Program and abuse or fraud by employees continues to surface despite legislation intended to curb such actions. Our San Diego elder abuse attorneys understand the concern, as the senior community remain the number one target of abuse and neglect—it is critical that their caregivers be willing and capable to ensure proper treatment at all times.

A story from California Watch recently discussed the issue. In 2009, legislation enacted by then Governor Schwarzenegger sought to exclude anyone who had committed a felony in the last decade from the program–expanding the previous scope of the ban that barred only those convicted of child abuse, elder abuse or defrauding a government health care assistance program. A Superior Court Judge later did not agree with this expansion and so the legislature responded with a milder version in 2011 that expanded the scope of convictions to include more types of felonies but did not go as far as originally intended.

The current requirements eliminate individuals with particular criminal convictions, but still allow individuals to work in positions of trust with the elderly or disabled who would not be employed in similar positions in other fields that require such trust. In other words, there are convicted felons who would be otherwise unemployable to a certain extent working to provide in-home care to elderly or disabled people getting compensated an average of $1.50 over minimum wage.

The obvious concern is that the situation is ripe with opportunities for theft, fraud or abuse and that the program does not adequately screen applicants to prevent such crimes. Screening is a difficult part of the program especially since it took over one year to complete the initial background checks in 2009 on the over 390,000 caregivers in the program. Over 800 individuals were disqualified from continuing their jobs; a number that can be interpreted as good or bad. The predicament gets even more complicated because the patients can sign waivers allowing individuals who would otherwise be disqualified from the program due to previous convictions to continue to provide in-home care. This highlights the often overlooked issue of the lack of quality, reliable caregivers available for the program. This issue has not been addressed because of the heavy focus on screening applicants and eliminating abuse within the program.

Despite legitimate fears of fraud and abuse within the program based in part on actual incidents, the number of reported crimes does not suggest that incidents of such crimes are widespread. Yet, as San Diego elder abuse lawyers, we know that only a fraction of mistreatment is ever reported—most seniors suffer in silence and accountability is few and far between.

In any case, proponents of heightened restrictions regarding past convictions point to the numbers and say that they could be lower and there is more they can do to reduce that number. A “statewide task force” comprised of “district attorneys, fraud investigators and other government officials” is working to monitor the In-Home Supportive Services program and develop policies designed to combat fraud within the program. As a result, certain “protocols” may be put in place this Fall that will hopefully reduce incidents of fraud.

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A Pasadena assisted living facility recently suffered a tragedy when a resident allegedly assaulted and killed a fellow resident. The 61-year-old victim was found dead several weeks ago under suspicious circumstances, according to the Pasadena Star-News.

Unfortunately, as our Los Angeles elder abuse lawyers know, resident-on-resident abuse is not uncommon. Bullying, physical or sexual abuse, or any other form of peer-on-peer abuse should not be tolerated. Yet peer-on-peer abuse is a growing problem in custodial settings that needs be prevented with proper care planning, appropriate staff training, and adequate staffing.

The alleged aggressor at the Pasadena assisted living facility was 38-year-old Paul Lopez. Mr. Lopez was a resident at the facility for the mentally ill. He was arrested and booked on suspected homicide of a fellow resident, George Schatford, at the Pasadena Residential Care Center. According to reports, Mr. Lopez confessed to police officers present at the scene who were conducting an investigation of the elderly man’s death. Pasadena police Lt. Phlunte Riddle stated that Mr. Lopez claimed to have murdered the elderly man. Further investigation indicated that his statement was credible. Although it is not entirely clear how Mr. Schatford died—and it will not be apparent until the coroner provides his report—Lt. Riddle did note that the victim had marks around his neck. Therefore, the senior may have been strangled.

Despite high numbers of substantiated patient abuse cases at California institutions caring for disabled adults, a recent article in the San Diego Union-Tribune reports that there are very few subsequent prosecutions. This disparity came to light after California Watch, a watchdog agency that frequently focuses on issues such as the public’s health and welfare, blew the whistle. The agency published a series of reports about flawed investigations conducted by a police force responsible for scrutinizing instances of potential abuse or death at state institutions for disabled adults. Our San Diego elder abuse lawyer has handled several cases against state-run facilities for the developmentally disabled, so our firm understands the unique and complex issues that such cases raise. For example, in cases involving dependent adults, many victims may not be able to adequately describe the abuse they have suffered making it crucial for their advocates to investigate all issues suggesting a pattern of neglect or abuse.

The Office of Protective Services (OPS) is a police force dedicated to investigating patient deaths and suspicious injuries at state-run facilities in California. However, since 2006 there have been 327 substantiated patient abuse cases and 762 unexplained injuries at five state-run institutions, yet few of those cases have led to prosecutions. The board-and-care institutions—located in Sonoma, Los Angeles, Riverside, Tulare, and Orange counties—are home to approximately 1,800 patients with cerebral palsy, severe autism, and intellectual disabilities. The relatively few prosecutions, as well as suspicious circumstances in certain cases, suggest that the OPS investigations are seriously flawed.

In one instance, a 50-year-old patient at Fairview Developmental Center in Orange County was found on his bedroom floor with a broken neck in 2007. The man died six days later. In spite of the suspicious circumstances, including the man’s relatively young age, police at the institution did not collect physical evidence from the scene while investigating the Orange County suspicious patient death. They also waited five days before beginning to interview potential witnesses. No arrests were ever made in the case, and it is possible that it will never be clear exactly what happened due to the shoddy investigative work.

Data released by a new statewide study shows that better access to preventive and primary health care could have kept thousands of Californians out of hospitals, according to the North County Times. Earlier this month, the Office of Statewide Health Planning and Development released the study, which found that high numbers of “preventable hospitalizations” are an indication of systemic shortcomings related to access to quality primary care. With all of the recent uncertainty surrounding California’s Adult Day Health Care program, our San Diego elder abuse lawyers know that many local families are worried about finding affordable access to medical care for their loved ones.

The statewide study found that there were more than 335,000 adult hospitalizations in California that could have been avoided if the patient had seen a doctor sooner. Good primary care up front can prevent future hospitalizations. Seniors are particularly vulnerable to receiving poor care and should visit doctors regularly to help maintain their current health. Although the data on preventable hospitalizations does not necessarily indicate poor hospital care, the study did report 334 incidents in some type of surgical equipment was left inside a patient’s body, as well as 8,230 cases in which patients were accidentally cut or punctured during their hospital stay. At least some of those accidents were probably the result of negligent care, in which case a San Diego medical malpractice lawsuit likely would be appropriate.

A lack of preventative health care also takes a large financial toll on state resources, as well as on family members. For example, the Centers for Medicare & Medicaid Services published a report last year that noted that 26% of all patients who are eligible for Medicare and Medicaid had avoidable hospitalizations. The total cost to taxpayers in 2011 was more than $7 billion.

Uncertainty about the future of California’s Adult Day Health Care system continues even though the program was saved from elimination at the end of last year. Since the 1970s, California has been a pioneer in the field of adult day health care, creating a system designed to provide health and social services to the elderly and disabled. The Adult Day Health Care (ADHC) system was established to respond to instances of California nursing home abuse. However, recent state budgeting challenges led lawmakers to cut all Medicaid funding for the centers in order to save approximately $85 million.

California elder abuse advocates quickly sued the state to halt the massive funding cuts. Communities across the state also voiced outcry over the cuts, including concern that elimination of the program would lead to more elder abuse and neglect. A settlement was reached at the last minute, according to an article in Kaiser Health News. The settlement will require the state to continue to fund a scaled-down version of the program for those who need it most. Under the terms of the settlement, California must still pay for the services through its Medicaid program but only for those who have severe illnesses, disabilities, or dementia. Strict new eligibility requirements will determine who may receive care.

The San Diego nursing home abuse lawyers at the Walton Firm know that many Californians may be concerned about the new ADHC program. The new eligibility rules will bring some changes. For example, to determine who will qualify for the scaled-down program, 200 state nurses have begun visiting centers around the state to review patient records. The state has guaranteed services to more than 9,000 Californians already. The remaining 26,000 prior participants will be evaluated on a case-by-case basis. State health officials have estimated that only about half of the 35,000 participants will qualify under the new rules, which were established to control Medicaid costs. But the number of former participants that could still qualify may actually be much higher, meaning that the state may not save very much money after all.

Our San Diego nursing home abuse lawyers know that neglect in assisted living facilities is a serious form of elder abuse. When those responsible for caring for our elderly fail to provide adequate care or violate health or safety standards, they must be held accountable.

Recently, a Michigan nursing home was investigated because maggots were discovered on a female patient. According to an article on AnnArbor.com, staff members at the home told a state inspector they had observed flies on or near the woman approximately two weeks before the maggots were discovered. The maggots were originally discovered because the 66-year-old woman had a catheter for a unitary tract infection. An incident report created by the nursing home stated that the woman was offered a shower when the maggots were found. According to the report, the woman refused the shower, so she was immediately given a bed bath by staff.

However, interviews with a state inspector provide a somewhat different version of events. During those interviews, staff members stated that the woman did not receive a shower because the nursing home did not have enough staff. One aide reported being instructed to document that the woman refused showers. A nurse manager also stated that she was instructed to report the discovery of maggots on the incident report as debridement, which is the medical removal of dead, damaged, or infected tissue. Doing so can increase the potential that the remaining healthy tissue will heal. The nurse manager reported that she was not allowed to put down “maggots” on the incident report.

Our San Diego nursing home abuse lawyers help families every day who are concerned about the care their loved ones are receiving at California nursing facilities. We know that seniors are valued members of our society and that they deserve the best possible care. We also strongly believe that poor care should not be tolerated under any circumstances.

Recently, a large verdict was awarded in a serious elder abuse case in West Virginia. According to reports in the Charleston Daily Mail and The State Journal, earlier this year, a jury awarded $91.5 million to the family of 87-year-old Dorothy Douglas, finding that the nursing home’s serious neglect caused the elderly woman’s 2009 death. The plaintiffs’ claimed that Ms. Douglas died as a result of severe dehydration and neglect from the nursing home. After less than three weeks at the facility, the elderly woman was in a comatose state, unresponsive, not walking, and not able to feed herself. According to the family, Ms. Douglas’ son worked tirelessly to have his mother transferred out of the facility, but paperwork problems prevented the transfer. Sadly, Ms. Douglas passed away from complications from dehydration before a change could be made.

The jury decided that the family should receive $11.5 million in compensatory damages as well as $80 million in punitive damages, indicating that the jurors wanted to send a strong message to the nursing home. When the verdict came down, debate ensued due to the size of the award and regarding whether state medical liability caps should apply. Medical liability caps are sometimes created because state legislators fear increased insurance costs and diminished availability of professional liability insurance. In this case, the jury returned a verdict that 20 percent of responsibility for the negligence claim dealt with medical professional negligence and 80 percent was ordinary negligence. That likely means that 20 percent would fall under the legislation, but 80 percent would not. At the time, West Virginia Association for Justice President Paul T. Farrell Jr. explained that $11 million was awarded for the death and $80 million was awarded to punish the nursing home for intentional misconduct.

Debate has again arisen because a circuit judge recently entered a judgment order reducing a portion of the $91.5 million jury award, according to the Charleston Daily Mail. The judge’s order reduced a $5 million segment of the award to a maximum of $4,594,615, but did not significantly reduce the total jury decision as the defendant nursing home had hoped.

Large verdicts in San Diego nursing home negligence lawsuits are not only possible, but can often be appropriate. Such verdicts can call attention to improper care in nursing homes and send a message that when nursing facilities in California and elsewhere fail to comply with health care standards, tragic consequences can occur. Unfortunately, it is often the people who are responsible for caring for our elderly loved ones who commit acts of abuse or neglect—whether it is emotional, physical, sexual, or financial abuse.

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Our San Diego nursing home abuse lawyer understands the seriousness of elder financial abuse and knows how it devastates the resources of California families. Unfortunately, like all forms of elder abuse, financial abuse of seniors is underreported and all too common. We realize that many California residents may be worried about elderly loved ones being taken advantage of by a caretaker or scammer, but knowing about a few simple warning signs can help ease those fears. For example, unexplained bank withdrawals, the disappearance of valuables, or sudden changes in a loved one’s behavior are all warning signs that a friend or relative may be a victim of financial exploitation.

The decline of the economy and the high numbers of aging Baby Boomers have recently revealed more and more instances of financial scammers who prey on the elderly. Earlier this year, the California elder abuse attorneys at the Walton Firm learned about a con man who posed as a licensed contractor and solicited home repair and remodeling projects from seniors in several California towns. The contractor never completed the promised services and then disappeared with the elderly victims’ money.

According to a report in The Monterey County Herald, the con man, Timothy Ralph Carrillo, formerly from Sand City, was sentenced last week to 35 years in prison for stealing more than $100,000 from people who believed they were paying for home repairs. He was convicted in August of this year of 24 counts, including California elder financial abuse, residential burglary, grand theft, and contracting without a license. Because the con man had a prior conviction for residential burglary, his sentence was doubled under California’s three strikes law. He also had prior felony convictions for commercial burglary, grand theft, and obtaining money by false pretenses.

The San Diego nursing home abuse lawyer at our firm has helped many families throughout Southern California file civil lawsuits against the employees and facilities that caused them harm. As many community members are aware, the civil justice system is wholly separate from the criminal system. However, a single incident can give rise to both a civil lawsuit as well as criminal charges. That is certainly possible in the context of California nursing home abuse. While civil suits are more common following inadequate treatment at an assisted-living facility, if the misconduct rises to a certain level it is not out of the question for local law enforcement officials to arrest the culprits and charge them with crimes.

In fact, late last week Cal Coast News reported on just such a case. Police officers recently arrested two men who worked as assistants at the Central Coast Nursing Center. The men were brought into custody stemming from allegations of elder abuse, including sexual assault. According to reports, the two men assaulted an institutionalized victim on various occasions over a six month period. Of course, physical and sexual assault are not only clear indicators of substandard care of a nursing facility, but they are crimes under state law. Therefore, this situation should likely produce both a criminal case where the individuals involved may face criminal punishment as well as a civil California nursing home lawsuit. The civil suit would be filed by the victims and their families seeking to hold the all those in a position to prevent the attacks accountable for their negligence.

The abuse was only uncovered after a volunteer at the facility who frequently visited the victim came forward and shared details about his suspicions. We shared information about the volunteer last week, Mr. Edmund Finucane, who was told he could no longer visit the facility after he reported his concerns about the abuse to state officials. Fortunately, the state’s Department of Public Health investigated the matter and uncovered evidence of serious violations at the facility which resulting in very real harm to the vulnerable residents. The facility had its license revoked by the state. New owners took over the home, but it remains to be seen if they will be able to ensure that resident care is improved.

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Through the years our San Diego nursing home neglect lawyer has come to appreciate the unique challenges faced by local nursing home residents. Many of the seniors who reside in these homes remain unaware of the level of care to which they are entitled. Not only that but others are physically and/or mentally unable to report any neglect that they experience. The particular vulnerabilities faced by these residents make it imperative that outside observers—friends, family members, and elder care advocates—come forward and stand up for the rights of these residents when they are violated. San Diego nursing home abuse can be eliminated only when the negligent facilities that provide substandard care are challenged on their practices and held accountable for their conduct.

Unfortunately, some facilities go to extreme lengths to hide their poor care and silence those dissenters who demand accountability. A story in today’s Santa Barbara Independent explains how one facility with a track record of California nursing home neglect sought to hide its own mistreatment. The article shares the tale of Edmund Finucane, a 70-year old man who spent nearly thirty years visiting the Central Coast Nursing Center. In the early 1980s the man lived across the street from the home. One day he noticed a sign inviting those in the community to “Come Visit Us.” Hoping to bring a bit of companionship to those living in the home that many not get many visitors, Mr. Finucane decided to stop into the home. It was the beginning of a long bond the man would have with many of the facilities residents.

Over the next 30 years Mr. Finucane took time to visit with residents several times a week. The facility’s activities manager eventually asked him to lead some religious services, and he occasionally entertained residents by playing the violin. Over the years he developed a strong bond with many of the residents that came and went at the home. Unfortunately, all of that changed when Mr. Finucane began uncovered troubling evidence of neglect and mistreatment at the home. He became concerned for the safety of many residents and was not sure how to force the facility to provide better care. He eventually reported the abuse that he saw to state officials. However, management at the nursing home discovered that he had reported the abuse. As a result they told him that he was no longer able to visit the home.

Mr. Finucane believed that the residents had a right to visitors—many of whom he considered personal friends. He soon went back to the home to attempt to visit a woman who was expecting him. When he demanded the ability to visit, the nursing home employees called the police and he was arrested for trespassing. Mr. Finucane fought the charges, and they were eventually dropped entirely. Not long after, state nursing home officials completed their review and decided to revoke the facility’s nursing home license “because of serious violations related to quality of care and actual harm to patients.”

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