Southern California Elder Abuse

September 2, 2016

Federal Investigation into Social Media and Nursing Home Abuse in San Diego

Over the last several months, states across the country have been contending with incidents of nursing home abuse that involve social media. Now, according to a recent report ABC 10 News San Diego, federal authorities are “stepping in to make sure elderly residents of nursing homes and senior care facilities are not abused on social media.” The investigation, according to an article from NPR, comes after ProPublica released a series of reports that showed nursing home employees taking “demeaning photographs and videos of residents and post[ing] them on social media.”

Will an investigation by federal health regulators actually be able to put a stop to this kind of elder abuse?

Centers for Medicare and Medicaid Services Issues Memo Regarding Social Media Abuse

August 19, 2016

$75,000 California Nursing Home Neglect Fine

by Nursing Home Law Group

How often does the California Department of Public Health fine nursing homes and assisted-living facilities for elderly patient injuries and deaths? When facilities do receive significant fines as a result of nursing home abuse or neglect, are those fines sufficient to protect other residents in the future? According to a recent article in the Los Angeles Daily News, the California Department of Public Health issued a $75,000 fine for a Southern California nursing home due to neglect resulting in a patient’s death.

Fatal Injuries Caused By Nursing Home Neglect in Canoga Park

As the article explains, Topanga Terrace, a nursing home in Canoga Park, was issued a $75,000 fine “after staff there failed to monitor a resident who kept removing his own breathing tube, resulting in death.” The patient needed a tracheostomy tube in order to breathe following a surgery in 2013. In addition to the use of the tracheostomy tube, the patient also “suffered from multiple illnesses including dementia, chronic respiratory failure, and tuberculosis.” Despite his medical needs, however, the facility did not have a treatment plan that included methods to prevent or deter the patient from removing his breathing tube.

June 17, 2016

New Report on Elder Abuse Prevention

by Nursing Home Law Group

Given that the elderly population of Southern California continues to grow, we need to invest time and effort into preventing elder abuse and nursing home abuse, according to a recent article in McKnight’s Long-Term Care News. While we continue to discuss the problem of elder abuse in our country and to engage in awareness-raising efforts, elder abuse and neglect remains a problem—and in some areas, the problem is getting bigger. Skilled nursing facilities and other long-term care facilities for the elderly need to do more to prevent elder abuse and neglect.

Placing the Burden on Nursing Home Directors to Properly Train Staff

As the article explains, statistics tell us that around 10% of America’s seniors become victims of elder abuse, “but that statistic alone does not come close to telling the full story of the epidemic.” The article underscores, “for every incident of abuse that does get reported, an estimated 22 do not.” What that fact means is that a majority of elderly Americans are suffering from elder neglect and nursing home abuse, and in many of those cases, the violence goes unreported. What can we do to prevent this kind of abuse? According to the article, much of the impetus is on “nursing home leaders who want to prevent abuse before it happens” by “focus[ing] on training their staff in skills that reduce interpersonal tension and stress.”

May 20, 2016

Geriatric Emergency Department Planned for UCSD

by Nursing Home Law Group

We often hear news about instances of nursing home abuse and neglect in which an elderly patient dies after being taken to a hospital after it is much too late. Particularly in cases of elder neglect, a patient may require care at a hospital. However, if a facility is understaffed and does not call for an ambulance in time, an elderly patient may not receive the care he or she ultimately needs. What if those patients could be rushed to a geriatric emergency department equipped to handle specific senior medical issues, including those related to elder neglect? According to a recent article in The San Diego Union-Tribune, a geriatric ER will soon be coming to UCSD and will provide specialized care to elderly residents in Southern California.

Complex Medical Needs Among the Elderly

When and where will the new geriatric emergency unit appear? It is currently in the planning stages, but the ER will become part of the Thornton Hospital at UC San Diego through an $11.8 million grant provided by the Gary and Mary West Foundation. According to the article, this emergency department “will be the first in the region to focus solely on seniors,” which is an important fact given that more Californians are reaching old age. The “complex medical needs” of the elderly, even when abuse or neglect is not a factor, “are expected to strain available resources as the baby boom generation reaches retirement age.”

May 13, 2016

Allegations of Abuse and Neglect at Stockton Facility

by Nursing Home Law Group

One of the largest nursing homes in Stockton, CA is facing numerous allegations of nursing home abuse and neglect, according to a recent article from Recordnet.com. Reports from patients and their families allege lack of privacy, physical abuse, and serious neglect at Wagner Heights Nursing and Rehabilitation Center. What else do you need to know about these allegations? Can they help families to understand the importance of researching a nursing home or assisted-living facility before allowing an elderly loved one to become a resident at a facility without the best patient ratings?

Serious Citations at Wagner Heights Nursing and Rehabilitation Center

Based on data provided by California Advocates for Nursing Home Reform (CANHR), Wagner “has been issued the greatest number of serious citations going back to 2010 . . . of any skilled nursing home in Stockton.” Over the last six years, it has received six serious citations. Why were those citations issued? According to the article, the following represent some of the most serious fines levied against Wagner Heights:

April 2, 2016

Link Among Gentrification, Evictions, and Elder Abuse

by Nursing Home Law Group

When California seniors are evicted from their homes, particularly in regions of the state with ever-increasing rent costs, can those evictions rise to the level of elder abuse? That question has been posed recently in a number of cases in which older adults were evicted from their homes and died shortly thereafter, according to a recent article in the San Francisco Examiner. If a senior dies from the stress of an eviction, can his or her survivors file an elder abuse lawsuit?

How Can Evictions and Gentrification Harm Older Adults?

According to the article, costs of living in various California cities have skyrocketed recently, and it is becoming more and more difficult for seniors to be able to live comfortably in their homes. In large part, commentators cite gentrification as the reason for the rise in living costs in the Bay Area and other parts of California. However, gentrification and growing costs of living become much more serious when they result in the eviction of a senior citizen who cannot afford another place to live. As the article points out, the link among gentrification, eviction, and elder abuse became national news when a 97-year-old woman died earlier this month after being evicted from her home.

November 6, 2015

Allegations of Emotional Elder Abuse at San Diego County Facility

by Nursing Home Law Group

Over the past couple of years elder advocates have been paying a significant amount of attention to physical abuse and neglect at nursing homes in the San Diego area. It is important to remember that nursing home abuse can take many forms, including emotional and psychological abuse. According to a recent report from ABC 10 News, allegations of elder abuse at a Vista facility have resulted in an investigation by the San Diego County Sheriff’s Department. The article indicates that an employee at the LifeHOUSE Vista Healthcare Center has been “accused of using her cellphone to take footage of a patient getting in the shower, and then posting it on the internet.”

Elder Abuse Investigation in Vista

The elder abuse investigation in Vista got underway after someone who viewed the online video “took a screen grab” of it and sent it to ABC 10 News. The video was taken on Snapchat. According to the report, “it shows a partially nude woman from the shoulders up,” and there is an employee “standing behind her laughing.”

December 3, 2014

Elder Abuse is an Underreported Crime

by Nursing Home Law Group

Statistics in Southern California suggest that elder abuse is an extremely underreported crime, which means that many older adults suffer injuries while their abuses go unpunished. A recent article in the Los Angeles Daily News reported that Los Angeles officials recently indicated that the city will take greater efforts to protect the elderly from nursing home abuse. How will these new measures work? In short, millions of dollars in funding are going to flow in from the Department of Justice and the Verizon Corporation.

Elder Abuse Prevention Grants to the City of Los Angeles

Will San Diego be able to get the kind of funding that Los Angeles recently received? Grants totaling $1.6 million were provided in Los Angeles primarily to train police officers to recognize signs and symptoms of elder abuse—a skill that officials hope will lead to more abuse and neglect reporting. Last year, the Los Angeles Police Department saw a shockingly low number of elder abuse reports—only 100. To place that number in perspective, the LAPD received more than 11,000 claims of domestic violence reports in 2013.

November 21, 2014

Translation Issues in Elder Abuse Cases

by Nursing Home Law Group

Did you know that Southern California is home to the largest Latino and Asian populations in the country? According to a recent article in the Los Angeles Times, elderly persons within these populations may not be getting a fair deal in elder abuse cases. When claims go to court, it is important for a judge or a jury to understand a plaintiff’s injuries and to grasp the extent of the nursing home abuse or neglect that took place. However, when your first language is not English, it is sometimes extremely difficult to make your way through the justice system.

Language Barriers to Legal Forms, Filings, and Testimonies

In California alone, the Los Angeles Times estimates that there are about seven million “limited-English proficient speakers,” and for those people, the civil court system is “practically impenetrable.” What is the problem?

November 14, 2014

New Elder Care Protections on the Way in San Diego County

by Nursing Home Law Group

First Nursing Home Facility Rating System in California

As the population of California continues to age, and more baby boomers find themselves thinking about San Diego assisted-living facilities and nursing homes, it is becoming more important than ever to ensure that seniors in the San Diego area are protected from nursing home abuse and neglect. According to a recent story San Diego CBS 8, San Diego County leaders currently are in the process of developing an elder care facility rating system that is aimed at preventing elder abuse.

file0001867553256 According to the news story, the new rating system will be the first of its kind in California. The ratings will be based on several different factors, and the Board of Supervisors hopes that the system will allow families to make informed decisions about the care of their elderly loved ones. The system is still in its early stages, but the Board of Supervisors unanimously approved its creation, emphasizing the need to protect older adults from physical, emotional, and sexual abuse in Southern California facilities.