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

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“I could not protect the public any longer. There was just a failure to protect the most vulnerable people in our state from abuse and neglect” said (former) investigator for the California Department of Public Health (DPH) investigator Marc Parker of his retirement from the agency that is supposed to certify and regulate California’s nursing homes.

KQED and the Center for Investigative Reporting has an excellent article out today about the failures on the part of the state to investigate and prosecute allegations of neglect and abuse in thousands of California nursing facilities.

DPH.jpgThose of us who prosecute civil cases on behalf of these victims – or, sadly, their heirs – have been experiencing this for years. We all have had cases where the DPH letter arrives saying that the complaint “could not be substantiated” despite overwhelming evidence of wrongdoing. Or the investigator finds some small (and usually irrelevant) “deficiency” when ask to investigate a clearly suspicious death. Or telling the victim’s families to be patient, but knowing full well that the likely hood of a citation against the home, even in the strong cases, was highly unlikely.

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In mid-August, Families for Better Care released its first “Nursing Home Report Card,” which is part of a “project that analyzes, compares, and ranks states’ nursing home quality.” On the California report card, our state only earned a “C” grade, coming in at 28th place in the United States. In fact, the report card stated that “rampant problems plague California nursing homes as 9 out of 10 facilities cited a deficiency.”

What is Families for Better Care? According to its website, Families for Better Care is “a nonprofit citizen advocacy group dedicated to creating public awareness of the conditions in our nation’s nursing home and other long-term care setting and developing effective solutions for improving quality of life and care.” The non-profit group is located in Florida, but its aim is to expose and improve nursing care across the country.

When Families for Better Care released the report card, California Advocates for Nursing Home Reform (CANHR) emphasized that our state only earned an “average score” on the whole, and in fact earned “D’s in registered nursing hours, deficiencies, and inspections.” What does this mean for your elderly loved ones? In short, many family members may not be receiving the care they need at a nursing home or assisted-living facility. The nursing home abuse attorneys at the Walton Law Firm have experience with these issues and can speak to you today.

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It’s not an area of care that we typically associate with nursing homes, but is your loved one getting access to sufficient dental care? Dental hygiene in nursing homes and assisted-living facilities is no small matter. Indeed, poor dental care can lead to serious health problems. When nursing centers don’t attend to patients’ dental hygiene, they could be committing nursing home abuse or nursing home neglect.

What should you look for? From dusty toothbrushes to severe headaches, a recent article in the New York Times discussed the ways in which nursing homes often neglect oral care for their residents. If you suspect that your elderly loved one is suffering from nursing home abuse or neglect, it’s important to have an advocate on your side. The experienced nursing home abuse attorneys at the Walton Law Firm can discuss your case with you today.

Dental%20Assistant.jpgLimited Dental Care Training and Attention

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Earlier this summer, we told you about a $23 million jury verdict in a bed sore case from northern California. The victim, Joan Boice, had been a resident at the Emeritus at Emerald Hills in Auburn, California before she suffered from painful bed sores and died as a result of nursing home negligence. After this case made national news, PBS Frontline and Propublica took a closer look into the story and expanded an investigation into nursing home practices across the country. The project began airing late last month on PBS, entitled “Life and Death in Assisted Living.”

Confused%20Old%20Man.jpgDetails of the Documentary Series

The documentary is made up of four parts, and it depicts the abuse and neglect that is often overlooked or covered up at various nursing facilities. The series takes a close look at the death of Boice in the Emeritus assisted living facility in northern California, and from there it moves out to other issues of nursing home abuse and neglect across the country.

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A recent survey on health and aging reported by the Los Angeles Times suggested that nearly ninety percent of older adults in the Los Angeles area are “confident they will keep up the quality of their lives as they age.” Yet, most of these elderly persons aren’t doing what they need to be doing to take care of their health and general well being, according to physicians and other medical experts. In other words, most seniors assume they willl remain healthy enough to take care of themselves or at least to stay in their own homes, but from the number of nursing home residents in need of significant care, we know that’s not always true.

Richard Birkel, the senior vice president for health at the National Council on Aging, indicated that many elderly persons are currently dealing with chronic conditions like diabetes or arthritis, and a majority of them aren’t taking the necessary steps for healthy futures. Moreover, many seniors who currently reside in nursing home or assisted-living facilities suffer from chronic conditions for which they often receive only limited care from staff. If your elderly loved one may not be receiving the attention that she needs, an experienced elder justice advocate can help.

Concerned%20Old%20Lady.jpgOlder Adults Don’t Anticipate Nursing Care

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Earlier this summer, National Public Radio (NPR) aired a news story about the “Green House Project,” urging nursing homes to “move over” since “there’s something different” in town. Over the past ten years, according to NPR, more than 140 alternative nonprofit nursing homes have been built across the U.S. in 24 different states. While most Americans dread the possibility of nursing home living, the Green House Project offers something different. And in recent months, California finally “ushered in a new era of nursing home care with the opening of the state’s first certified Green House homes at Mt. San Antonio Gardens,” according to a press release in the Green House Project Blog.

With California on board for alternative nursing home support, patients across our state could begin to see new options for residential care. If you have questions about nursing home care in California, don’t hesitate to speak to an experienced elder justice advocate today.

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What is the Green House Project?

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Coming in close proximity to the recent U.S. Supreme Court decision to strike down the federal Defense of Marriage Act (DOMA), the California Advocates for Nursing Home Reform (CANHR) featured an article about LGBT rights in the nursing home. According to the Washington Blade, the Department of Health and Human Services (HHS) clarified that LGBT couples will have the same guaranteed access to their partners and spouses as other married couples.

How will this affect nursing home residents in California? It will help secure LGBT rights in our state, which a number of California agencies have already been working toward.

Elderly%20Man.jpgLGBT Elder Advocacy in California

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A few months ago we talked about the widespread use of antipsychotic drugs for patients with dementia. Across the United States, off-label use is a major problem in nursing homes. In case you don’t remember, “off-label use” refers to situations in which physicians prescribe drugs for patients without medical diagnoses that actually require the use of those drugs. In nursing homes, off-label use of antipsychotics is most prevalent for residents suffering from dementia.

In many cases these patients are victims of nursing home abuse and neglect. What can we do about it here in California? If you’re concerned that an elderly loved one has suffered abuse at a nursing home or assisted-living facility, the first step is to contact an experienced nursing home abuse lawyer. In fact, many nursing home abuse lawyers are licensed by the California Advocates for Nursing Home Reform (CANHR). A CANHR elder justice advocate will ensure that your elderly loved ones are protected and safe.

California Initiatives for Antipsychotic Medication Reduction

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Earlier this month, the California Department of Public Health fined a Sacramento nursing home for the choking death of a patient. The nursing home received an $80,000 fine after Mary Yip, an 86-year-old patient with swallowing difficulties, “choked on a piece of meat during a lunchtime outing with staff members,” according to the Sacramento Bee.

Choking deaths are very serious violations for which many nursing facilities in our state have been fined. Just a few months ago, we told you about a San Diego care center that received a $100,000 fine from the State of California. Nursing homes in Los Angeles County and Orange County have also been fined for choking deaths. If your elderly loved one has experienced nursing home abuse or neglect, it’s important to speak to an experienced nursing home abuse attorney as soon as possible.

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Details of the Serious Violation

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A recent article in UT San Diego broke the news that Palomar Health will be closing its Escondido nursing home in October 2013. As a result, more than 80 residents will be displaced, and 130 staff members will face layoffs. What led to the decision? According to an official at the health system, Medi-Cal funding cuts and “coming off a difficult fiscal year” are two major factors that are forcing the facility to close its doors in just a few months.

News of this nursing home closure raises concerns about nursing facility overcrowding and affordability in the southern California area. If you have questions about nursing homes in our area or are concerned that your loved one is suffering nursing home neglect or abuse, an experienced injury attorney can discuss your claim with you today.

Nursing%20Home.jpgPalomar Continuing Care Center—Facility Details

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