DO YOU SUSPECT ABUSE OR NEGLECT? Contact Us for a Free Consultation

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file2811310649672According to a recent article from U.S. News & World Report, many nursing homes in California and across the country are working hard to eradicate elder abuse and neglect, but there is still more work to be done. As the article explains, “the next generation of nursing homes is working to shed old stereotypes.” But do cases of nursing home abuse persist?

Changing the Face of Nursing Homes in California

How do most of us imagine nursing facilities when we have not visited loved ones who are residents? The article in U.S. News & World Report notes that, “for many, the image of nursing homes is one of sad, sterile institutions where elderly people are left isolated by family members who stop caring.” Generally speaking, this image of nursing homes is not accurate. We cannot necessarily tell whether a facility is taking good care of its residents—and taking important steps to prevent elder abuse and neglect—just by looking at it. As we have noted in previous posts, numerous nursing homes that have been fined for nursing home abuse or neglect have posh interiors and carry higher price tags than safer facilities.

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file851332343852It no longer comes as a surprise for many Southern Californians that our elderly loved ones can be at serious risk of nursing home abuse and neglect in facilities that we once believed were safe. But recognizing that there is a problem is not enough to solve it. What can we do to prevent elder abuse in a large-scale, lasting way? A recent article in the Cornell Chronicle cited a new study in The New England Journal of Medicine, which underscored the significance of the “It Takes a Village” approach to putting a stop to elder abuse.

Profiling the Most Likely Victims of Elder Abuse

As the new study explains, we have not learned that rates of elder abuse are increasing. Instead, we have learned more about how frequently elder abuse occurs and to whom. Over the last several years, physicians and researchers have identified a certain profile of seniors who are most likely to become victims of nursing home abuse and neglect. Risk factors include but are not limited to:

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handsAccording to a recent article from NBC Los Angeles, two staff members at a caregiver facility in Rancho Cucamonga were accused of elder abuse in the cases of two residents, and investigators indicate that “there may be more victims.” When we think of caregivers and elder abuse, we typically think of scenarios that occur outside nursing home settings. However, it is important to remember that employees of nursing facilities are responsible for providing proper care to seniors. In the recent case, authorities made clear that the victims themselves were “unable to communicate,” yet police obtained evidence to support allegations of dependent adult abuse.

What else do you need to know about caregiver abuse? According to a publication from the National Center on Elder Abuse (NCEA), caregiver abuse is commonly a crime that occurs within families. By taking a close look at the publication, we can address some of the factors that may play a role in situations of caregiver abuse within and outside a senior’s home.

Caregiver Stress and its Relation to Elder Abuse

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walking_togetherGiven that the holiday season typically is a time in which families get together to celebrate, it also offers an opportunity to keep a watchful eye for signs of elder abuse and neglect. According to a publication from the National Center on Elder Abuse (NCEA), holidays often are a time in which we get the chance to visit with elderly parents or grandparents, and a surprising number of those seniors could be at risk of nursing home abuse. As the publication clarifies, about 10% of seniors suffer from elder abuse or neglect, but many of them do not get the chance to report the abuse, particularly if it is happening under the watch of a home caregiver or a nursing home assistant.

What can you do to ensure that all members of your family, including the older adults in your life, have a happy and healthy holiday season?

Ask Yourself the Right Questions When You Visit

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apartment buildingFederal laws exist to prevent nursing homes from removing elderly residents into hospitals, yet the California Advocates for Nursing Home Reform (CANHR) are alleging that the state of California is doing just that, according to a recent press release. The nonprofit advocacy group argues that “California nursing homes have been sending Medi-Cal residents to acute care hospitals and refusing to allow them to return to the nursing homes where they reside.”

CANHR has described the state’s actions as “patient dumping,” according to a report from Southern California Public Radio. And dumping patients is not just an issue for older adults or for those of us with elderly loved ones. If the allegations turn out to be true, they will have cost taxpayers in California more than $70 million over the last decade.

Federal Requirements and Readmission to Nursing Facilities

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file1251238100316Cases of nursing home abuse and neglect often go unreported. Even when seniors report incidents of elder abuse, there is no promise that a nursing or assisted-living facility will be held accountable. Given that nursing home abuse continues to plague elderly residents of Southern California, where can we turn to seek clearer answers about the causes of abuse and neglect? According to a report from NBC News, interviewing certified nurse aides might help to give us some insight into the reasons that nursing home neglect continues to result in serious injuries to some of the most vulnerable Californians.

Taking Questions About Nursing Home Abuse and Neglect “Straight to the Source”

How can we find out more about the reasons that elder abuse persists in facilities throughout the state of California? One advocate, Carolyn Pickering, has decided to go “straight to the source,” and she is “asking certified nurse aides what they think the problems are.” As Pickering explained, there is a close relationship between happy and healthy employees and happy and healthy patients. You cannot have one without the other, she intimates. Given the link between employee safety and patient safety, Pickering believes that certified nurse aides and other healthcare professionals employed by nursing homes can help to shed light on the issues that result in elder neglect.

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file3261246766942According to a recent article from Modern Healthcare, a Riverside nursing home owned by Schlomo Rechnitz was the target of an FBI investigation. The FBI served search warrants at the Alta Vista Healthcare & Wellness Centre late last month, but the agency has not yet commented on the nature of its investigation. Have more issues of nursing home abuse and neglect arisen at facilities in our state?

Learning about nursing home abuse and neglect allegations in Southern California can be disconcerting, particularly when you have an elderly loved one who receives care at a nursing home or assisted living facility in our state. If you have concerns about a senior’s safety, you should contact an experienced San Diego nursing home abuse attorney.

Renewed Scrutiny into Rechnitz Facilities

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file0002014909352According to a recent article in the Contra Costa Times, the family members of an 85-year-old senior are suing the San Pablo skilled care facility where she lived for elder abuse and neglect. The family alleges that the senior’s death was “the direct result of improper care at the facility where she was a patient for the last three years.” The family also alleges that the San Pablo facility, Vale Healthcare Center, failed to:

  • Meet staff-to-patient ratios required by the law;
  • Provide care plans for dementia patients;
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Shower headOver 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.”

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ScrollAccording to a recent article in the Contra Costa Times, California Governor Jerry Brown recently signed into law a bill that will impact licensing requirements for residential care facilities for the elderly (RCFEs). Specifically, the law will require applicants seeking a license to run an RCFE to “disclose prior ownership of any type of facility in any state.” With this information, elder justice advocates hope that California can prevent the opening of RCFEs by persons who have been linked to accusations of elder neglect or nursing home abuse around California and in other parts of the country.

History and Requirements of the New Law

The law began as AB 601, and it was written by Assemblywoman Susan Eggman. The law is aimed at establishing “specific suitability requirements for all licensing applications,” which involves the following:

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