San Diego Nursing Home

September 9, 2008

Southern California Nursing Home Citation Watch

This list contains the issuance of citations to Southern California nursing facilities by the California Department of Public Health over the last six months. All the citations listed are issued for reasons related to patient care. For verification of the citation, please contact the local department office or Walton Law Firm LLP.

<font size='2'Facility	Date	Citation
Los Angeles County Elder Abuse
Brighton Convalescent Center	05/23/08	Class B
Heritage Manor	03/7/08	Class B
Imperial Convalescent Hosp	03/26/08	Class B
Ramona Care Center	05/23/08	Class B
Studio City Rehabilitation Center	02/21/08	Class A
Villa Oaks Convalescent	06/23/08	Class B
Windsor Convalescent Long Beach.	05/22/08	Class B
Windsor Palms Artesia	05/23/08	Class A

Orange County
Evergreen Fullerton Healthcare	04/15/08	Class B
French Park Care Center	05/20/08	Class B
Kindred Healthcare of Orange	04/29/08	Class B
New Orange Hills	04/16/08	Class B
Parkview Healthcare	04/15/08	Class AA

Riverside County
Cypress Gardens	06/10/08	Class AA

San Diego County
Edgemoor Geriatric Hosp.	06/26/08	Class A
Cypress Gardens Rehabilitation	03/20/08	Class A
Lemon Grove Care & Rehab.	07/16/08	Class B
Villa Las Palmas	07/01/08	Class B
Vista Healthcare	04/11/08	Class B

Santa Barbara Nursing Home Neglect
La Cumbre Senior Living	07/24/08	Class B & A
Country Oaks Care Center	5/20/08	Class B

Class AA: The most serious violation, AA citations are issued when a resident death has occurred in such a way that it has been directly and officially attributed to the responsibility of the facility, and carry fines of $25,000 to $100,000.

Class A: Class A citations are issued when violations present imminent danger to patients or the substantial probability of death or serious harm, and carry fines from $2,000 to $20,000.

Class B: Class B citations carry fines from $100 to $1000 and are issued for violations which have a direct or immediate relationship to health, safety, or security, but do not qualify as A or AA citations.

September 8, 2008

San Diego Elder Law and Advocacy

by Walton Law Firm

Elder Law and Advocacy in San Diego has been providing free legal services for seniors for 30 years, and was profiled in today’s San Diego Union Tribune. Whether it’s drawing up a will or a power of attorney, helping with a problem landlord, or answering questions about Medicare, Elder Law and Advocacy has assists several thousand San Diego County every year.

Walton Law Firm LLP has worked with Elder Law and Advocacy on cases involving nursing home abuse and neglect and can vouch for the organization’s dedication to the plight of senior citizens.

Carolyn Reilly is the executive director of Elder Law and Advocacy, and says that the demand for free legal services for the elderly is rising – keeping her eight lawyers busy – while the funding for those services remains slim. Elder Law operates on a tight budget, with the vast majority of its income coming from grants and individual contributions. This is a worthy organization that deserves the public’s support. It is well-known that a large part of our population is getting older, and organizations like Reilly’s will only become in greater demand.

August 5, 2008

Preventing Elder Abuse in the Nursing Home

by Walton Law Firm

We are frequently asked how nursing home neglect or abuse can be prevented. There is no magic answer, but there are things one can do to lessen the odds that a loved one will be subject to physical neglect, financial abuse, or suffer the decline in health caused by poor care. The California Advocates for Nursing Home Reform have published a guide for preventing abuse in long-term care facilities. How does one increase the odds there will be no abuse or neglect?

1. Be very supportive of the transfer to a nursing home. Under most circumstances, the initial entrance to a nursing facility will engender feelings of loss or abandonment. Visit frequently to help with the adjustment.

2. Make the most of visits. Visit frequently, and at different times. Also visit during meal time. This will give you a more complete picture of care and the performance of staff.

June 4, 2008

San Diego County Nursing Home Sued for Wrongful Death

by Walton Law Firm

The son of Maria Cobian, the elderly woman who was hit by a car and killed when she wandered away from her nursing home, has filed a wrongful death lawsuit in Vista Superior Court.

The lawsuit alleges that Palomar Heights Continuing Care Center in Escondido negligently failed to supervise Ms. Cobian, and to ensure the safety of 94-year-old resident, who also suffered from dementia. Ms. Cobian was only a few hundred yards away from the nursing facility when she walked into traffic and was struck by a car. The company of the car that hit Cobian was also named in the lawsuit.

Despite her alleged documented history of trying to leave the facility, and the nursing home’s failure to prevent it, it doesn’t appear that there are allegations of elder neglect under the Elder Abuse and Dependent Adult Civil Protection Act against the facility, which allows for enhanced damages against nursing homes, including pre-death pain and suffering, when certain burdens of proof are met.