Articles Posted in San Francisco Nursing Home Neglect

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wheelchairDiscovering that an older loved one has been harmed in a nursing home or assisted living facility is devastating. Families across the San Francisco Bay Area often describe the same experience: something feels wrong, the explanation from the facility does not add up, and decline happens far too quickly to be dismissed as normal aging.

Choosing the right lawyer in this moment is not just a legal decision. It is about accountability, answers, and protecting vulnerable elders from further harm. In the Bay Area, where care facilities range from small assisted living homes to large corporate skilled nursing centers, finding a qualified elder abuse and neglect attorney requires careful evaluation.

Understanding elder abuse and neglect in Bay Area care facilities

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Nursing home abuse or neglect can result in injuries at any San Francisco Bay Area nursing home, and prevention is essential. There are various ways that family members can help to prevent harm from nursing home abuse, including learning the signs and symptoms that can point to physical abuse, emotional abuse, sexual abuse, or passive neglect. Yet one way of properly addressing nursing home abuse or neglect often gets discounted: taking a report seriously that comes from the elderly person who has been impacted.

Often, seniors living in nursing homes are experiencing different forms of cognitive decline, and a diagnosis with forms of dementia, such as Alzheimer’s disease, may be the very reason that the elderly person is now living in the nursing home. Yet just because an older adult is experiencing cognitive impairment or has a form of dementia does not mean that their reports of abuse should be ignored. In fact, according to the National Council on Aging (NCOA), taking such reports seriously is one of the key ways of properly stopping nursing home abuse or neglect when it is happening and preventing it from recurring. 

Cognitive Impairment and Reports of Abuse or Neglect in a San Francisco Bay Area Nursing Home

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Nursing home abuse and neglect can happen at any facility in San Jose and throughout California. There are ways to reduce the risk of moving an elderly loved one into a facility where abuse or neglect may be more likely, such as by reviewing facility ratings, researching safety records, and visiting the facility to look for common red flags associated with abuse, neglect, or negligence. Yet even when you take all the precautions, abuse or neglect injuries can still happen. We often think about adult children of elderly residents being the ones to spot the signs of abuse or neglect, but spouses can also be extremely important when it comes to identifying symptoms of elder abuse. 

If your spouse is now living in a nursing home and you are still living independently, what should you look for when you visit? The following are some of the most common signs that something is not right, and you should seek advice from a San Jose nursing home neglect lawyer as soon as possible.

Physical or Visible Injuries

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If you have an elderly loved one living in a nursing home anywhere in the San Francisco Bay Area, it is essential to understand the very real risks of injury that residents face and the warning signs that something may be wrong. Families often assume that harm only occurs when abuse is intentional. In reality, many of the most serious injuries in Bay Area nursing homes result from neglect, understaffing, and systemic failures rather than deliberate misconduct. One of the clearest and most dangerous examples is the development of bed sores, also known as pressure ulcers.

Bed sores are not an inevitable part of aging. They are widely recognized as a preventable condition when proper care is provided. Yet they continue to occur in nursing homes throughout San Francisco, Oakland, San Jose, and surrounding Bay Area communities. When they do, nursing homes may be legally responsible, even if no one intended to cause harm.

What Are Bed Sores and Why Are They Dangerous?

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Whether you have already made one or more visits to a loved one in the San Francisco Bay Area during the holiday season or you have plans for an upcoming visit, it is a particularly good time of the year to be on the lookout for any signs of elder abuse or neglect if your elderly loved one is living in a nursing home, a skilled nursing facility, an assisted-living facility, or any other type of residential care facility for the elderly (RCFE) in California. The holiday season often involves multiple visits from family and adult children gathering to see their parents, which means adult children and other family members can work together to identify potential abuse or neglect risks.

Making a Plan to Focus on Your Elderly Loved One’s Safety 

During the holiday season — or during any time of the year when family members gather to see a loved one in a nursing home or assisted-living facility — it is helpful to make a plan to focus on health and safety. Sporadic visits at other times of the year may be relatively quick, and those visits may involve only one person stopping by an elderly parent’s nursing home room or assisted-living facility residence. When multiple family members are together, especially adult children, they can work together to consider injury risks at the nursing home or other facility and to pay particular attention to warning signs of abuse or neglect.

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rawpixel-1055781-unsplash-1-300x201A new federal nursing home bill is designed to prevent elder abuse, and it could help patients at facilities in San Jose and throughout California. According to a recent article in Skilled Nursing News, the proposed legislation “seeks to protect individuals in nursing homes by implementing more stringent staffing protocols—including increased clinical hours and training—among other safety measures for residents.” Nursing home abuse and neglect often occurs as a result of understaffing. If a federal law were to mandate certain staffing numbers in facilities, rates of abuse and neglect could drop. 

Learning More About the Quality Care for Nursing Home Residents Act

The proposed law is known as the Quality Care for Nursing Home Residents Act. The bill is co-sponsored by two Democratic lawmakers, Rep. Jan Schakowsky (Illinois) and Sen. Richard Blumenthal (Connecticut). It has support from lawmakers in both the House and Senate. In addition to requiring certain staffing levels for facilities receiving payments through Medicare and Medicaid, the bill would also make other changes to nursing home mandates. First, nursing staff members would be required to go through “heightened training” and would be subject to heightened “supervision obligations.” This requirement, in connection with the requirement for increased staff numbers, aims to prevent nursing home abuse and neglect by targeting staff at these facilities. Three registered nurses (RNs) would have to be on staff as “management personnel.”

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Dehydration and malnutrition remain two of the most serious and most overlooked forms of neglect in nursing homes and assisted living facilities. While these conditions may sound simple or even mild, the reality is far more dangerous. In elderly and dependent adults, dehydration and malnutrition can rapidly lead to organ failure, infection, falls, hospitalization, and death. For families in San Jose and the greater Bay Area who trust facilities to protect their loved ones, these outcomes are both devastating and preventable.

The human body depends on adequate fluids and nutrition to function. When an individual becomes dehydrated, the body begins to shut down essential processes. Common symptoms include an increased heart rate, decreased urination, dry mouth, confusion, dizziness, headaches, muscle cramps, extreme fatigue, and tingling in the hands or feet. In older adults, dehydration often presents differently than it does in younger people. Seniors may not feel thirsty, may be unable to communicate their needs, or may suffer cognitive impairment that prevents them from asking for water. This makes them uniquely vulnerable in the nursing home setting.

Malnutrition often goes hand in hand with dehydration. When residents are not receiving adequate calories, protein, or essential nutrients, their bodies lose the ability to heal, fight infection, or maintain muscle strength. Malnourished residents are at higher risk for pressure ulcers, falls, aspiration pneumonia, and immune system failure. In severe cases, malnutrition contributes directly to death.

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jorge-lopez-284336-copy-300x200When families place a loved one in a nursing home or assisted living facility, they do so with the expectation that the facility will provide basic safety, dignity, and competent medical care. Unfortunately, that expectation is not always met. In recognition of this reality, the Centers for Medicare and Medicaid Services, known as CMS, identified a category of catastrophic failures in healthcare that should never occur in a properly run facility.

These incidents are known as “never events.”

According to the National Quality Forum, never events are serious medical errors that are clearly identifiable, largely preventable, and result in significant harm or death. Most importantly, they signal a fundamental breakdown in patient safety systems and oversight. In other words, when a never event occurs, it is not bad luck or an unavoidable outcome. It is evidence of negligence.

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