Southern California Nursing Home Abuse Lawyer Blog

March 7, 2018

Rising Nursing Home Evictions Raise Concerns About Elder Abuse

Whether you are reading about nursing home evictions in Poway or elsewhere in Southern California, it is important to think carefully about the rising rates of evictions and how these actions might rise to the level of elder and dependent adult abuse in the state. According to a recent article in California Healthline, more nursing homes in California are evicting patients who allegedly cannot pay after being assessed higher fees, while others are evicting residents and patients with certain illnesses and medical conditions, such as Alzheimer’s disease or other forms of dementia.

Do improper evictions rise to the level of nursing home abuse? Can you file an elder abuse lawsuit following an improper eviction from a skilled nursing facility in California?

Evictions Complaints on the Rise in California

February 19, 2018

How do Juries Decide Nursing Home Neglect Cases in Escondido?

by Walton Law Firm

When nursing home abuse lawsuits arising from allegations of elder abuse and neglect in Escondido go to jury trials, how do those juries decide liability? When cases go to juries, members of the jury are provided with the “essential factual elements” of the claim. Then, they are instructed that if the essential factual elements have been met, to find in favor of the plaintiff. Different types of nursing home abuse and neglect claims come with different jury instructions.

We want to give you some more information about the essential factual elements of a nursing home neglect claim as well as some examples to clarify how a jury might decide a particular case.

Nursing Home Neglect in California

February 5, 2018

California Nursing Homes Ranked Last in Safety Protections

by Walton Law Firm

What types of safety protections are in place for patients at San Marcos nursing homes? While we recently discussed elder safety investigations in San Diego County, it turns out that facilities across the state of California are not doing enough to protect seniors against nursing home abuse in the first place. In other words, although San Diego County’s investigations may be a model for other regions of the country, the state ranks last when it comes to elder abuse protections designed to prevent abuse and neglect, according to a recent report in WalletHub.

Need for States to Take Steps to Prevent Nursing Home Abuse and Neglect

As the report explains, “elder abuse affects as many as 5 million people per year, and 96 percent of all cases go unreported.” Given that a large portion of the population is currently age 65 or older—and that the population in that age group is expected to almost double by the year 2050—it is particularly important to think about preventive measures so that elder abuse does not occur. While enforcement methods are significant in the shorter term, the goal should be to eradicate, inasmuch as possible, the risks of abuse for seniors living in nursing homes and assisted-living facilities. The report ultimately suggests that the impetus for this needs to be on individual states.

January 23, 2018

San Diego County Elder Abuse Efforts Highlighted

by Walton Law Firm

Whether 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

January 11, 2018

Are Carlsbad Nursing Homes Prepared for an Emergency?

by Walton Law Firm

The recent hurricanes in Texas and Florida have illuminated serious deficiencies in many nursing homes and assisted-living facilities, according to a report from National Public Radio. More specifically, many skilled nursing facilities are not prepared to handle an emergency situation, from a power outage in a severe storm to structural damage caused by a natural disaster such as an earthquake. If nursing homes, assisted-living facilities, and RCFEs in Carlsbad are not prepared to keep their residents safe in the event of one of these emergency situations, then elderly patients and residents can suffer injuries as a result of elder neglect.

Nursing home neglect often arises in situations where staff members at facilities did not intend to do harm to patients, but due to understaffing and other problems, neglect results in serious and sometimes fatal injuries.

Failing to Prepare for “Basic Contingencies”

December 29, 2017

Stopping Oceanside Nursing Home Evictions

by Walton Law Firm

Whether an elderly loved one in your life is facing eviction from an Oceanside nursing home or from a skilled nursing facility elsewhere in San Diego County, it is important to recognize that evictions can result in incidents of nursing home abuse and neglect after a patient is forced to move into another facility quickly. At the same time, advocates argue that nursing home evictions are, in and of themselves, a form of elder abuse. According to a recent article in iAdvance Senior Care, the AARP Foundation and the California Long-Term Care Ombudsman Association have filed a lawsuit against a California nursing home following a patient eviction.

As the article emphasizes, the AARP Foundation and the California Long-Term Care Ombudsman Association hope that they will win the suit, and that it will set a precedent for other cases involving nursing home evictions in the state.

Nursing Home Evictions are a Form of Elder Abuse, Advocates Argue

December 13, 2017

Elder Abuse and San Clemente Hospice Patients

by Walton Law Firm

Many San Clemente residents with elderly loved ones may know that elder abuse often occurs in nursing homes and assisted-living facilities, and that it can happen at the home of a senior, as well (for a senior who still lives at home). Do we also need to be aware of elder neglect in hospitals and, in particular, in hospice settings? According to a recent report from California Healthline, older hospice patients can be victims of elder abuse and neglect, but many of us do not think about these risks as frequently. Neglect or abuse in hospice can be devastating. Although patients are facing terminal diagnoses, inattention to health needs by staff members can result in irreparable harm.

What do you need to know about elder abuse in hospice?

Elder Neglect Extends to Hospice

November 28, 2017

Nursing Home Abuse in Valley Center: What Happens to Residents When a Dangerous Nursing Home Closes?

by Walton Law Firm

When elderly residents of Valley Center or another area of San Diego County learn that the nursing home they live in has been the subject of elder abuse and neglect violations and is closing down, what ultimately happens to those residents? That question was posed recently in an article in The Sacramento Bee. While the article largely addresses the fates of nursing home residents at problematic facilities in Northern California, the lessons the article teaches are just as relevant for residents of Southern California. In brief, when dangerous nursing homes or skilled nursing facilities close due to allegations of elder abuse, elderly residents often end up in facilities in which they remain at risk for nursing home abuse and neglect.

Problematic Relocation of Elderly Residents

The article focuses on a recent string of nursing home closures in California, including facilities like Eagle Crest owned by Genesis HealthCare Inc. When facilities owned by this company closed, they sent notices designed to “assure[] family members in writing that loved ones could be accommodated at other company-owned homes.” Here is the issue: Many of the companies’ other facilities “have more serious problems and worse federal ratings than other skilled nursing facilities in the state.”

November 14, 2017

Harmful Off-Label Drug Targets Nursing Home Residents with Dementia

by Walton Law Firm

If you have an elderly loved one at a nursing home in Rancho Bernardo or elsewhere in the San Diego area, it is important to learn more about recent off-label use of a drug that could be causing serious harm. According to a recent report from CNN News, a medication designed to treat a disorder that is commonly associated with individuals suffering from multiple sclerosis (MS) or Lou Gehrig’s disease (ALS) is now being used on elderly patients who suffer from Alzheimer’s disease or another form of dementia. To be clear, this is off-label use, and the CNN News report suggests that it is not being done for the right reasons. In fact, use of the drug could rise to the level of nursing home abuse.

Off-Label Use of Nuedexta Presents Risks to Nursing Home Patients

What is off-label drug use? As an article in U.S. News & World Report explains, off-label drug use can mean one of a couple of different things. Sometimes “it involves taking a drug for a different medical condition than it’s meant for.” In other situations, the term can mean “taking drugs in non-approved dosage or form.”

November 2, 2017

Bill Passes to Protect LGBTQ Seniors in Encinitas Long-Term Care Facilities

by Walton Law Firm

Several months ago, we told you about proposed legislation designed to protect LGBTQ seniors from nursing home abuse in long-term care facilities. That proposed legislation, Senate Bill 219 (SB 219), has now been approved by the California Legislature, according to a recent article in San Diego Gay & Lesbian News. Older adults who identify as LGBTQ can face many forms of nursing home abuse and neglect that stem from prejudice and discriminatory behavior.

We want to give you a brief reminder about the proposed law and what it is designed to do, as well as to give you some more information about what it will take for it to become law.

Protections for LGBTQ Seniors Against Discrimination and Nursing Home Abuse

“From our first phone conversation, Mr. Walton provided a sincere interest in our case. My mother had suffered both abuse and neglect while in the care of a nursing facility, ultimately resulting in her death. My family and I would highly recommend Randy Walton.★★★★★- Judy S., San Diego -

"Walton Law Firm was amazing. Very professional, but personal. Having a lawyer to make sure that everything is taken care of removed so much stress."★★★★★- Wayne G., Encinitas -

"After my husband was killed in a motorcycle accident, Randy was there from the moment I first called."★★★★★- Suzanne S., Escondido -

"Calling Randy was the best decision I could have made. He got me an excellent settlement that covered all my medical bills and put a sizable chunk of money in my pocket."★★★★★- Erik S., San Marcos -

"Truly as good as it gets, if not beyond great, for Randy Walton and his paralegal Sarah Earnest. He and she are both incredibly dedicated to what they do and I never felt I couldn't trust him."★★★★★- Natalie T., Lake Elsinore -

"Randy is a great lawyer and a better person. He went above and beyond the call of duty to reach a settlement in my case. He believed in my case when no one else did."★★★★★- David C., San Diego -