Southern California Nursing Home Abuse Lawyer Blog

May 29, 2012

Program Replacing ADHC is Costly

Cutting costs was the state’s goal in eliminating the Adult Day Health Care (ADHC) system last year. That goal does not appear to have been met, according to a recent article in California Healthline. Instead the program that stemmed from a lawsuit challenging California’s proposal to eliminate the ADHC program, the Community-Based Adult Services program, will cost nearly as much as the old program, yet will provide services to fewer Californians. money%20trouble.jpg

In the 1970s, California created the ADHC system to provide health and social services to the elderly and disabled. The system was a response, at least in part, to the many horrific stories of California nursing home abuse and neglect. In the face of public outcry and outrage, elimination of ADHC due to budgetary limitations quickly gave way to a scheme to restructure the program.

The restructured program, however, will cost almost as much as ADHC, but will provide services to only 80% of previous ADHC beneficiaries (previously ADHC served approximately 55,000 seniors and disabled persons annually). The original budget for ADHC was $170 million. The current budget for the replacement program, Community-Based Adult Services (CBAS), is $155 million, according to Lydia Missaelides, executive director of the California Association of Adult Day Services. But those numbers do not even take into consideration the costs of the legal and legislative battles over the programs or the amount of time, money, and effort it will take to get CBAS up and running. Thus, by some accounts, the revamping of ADHC has been, in large part, a failure.

May 22, 2012

Police Arrest Assisted Living Facility Patient Suspected of Killing Fellow Resident

by Walton Law Firm

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A Pasadena assisted living facility recently suffered a tragedy when a resident allegedly assaulted and killed a fellow resident. The 61-year-old victim was found dead several weeks ago under suspicious circumstances, according to the Pasadena Star-News.

Unfortunately, as our Los Angeles elder abuse lawyers know, resident-on-resident abuse is not uncommon. Bullying, physical or sexual abuse, or any other form of peer-on-peer abuse should not be tolerated. Yet peer-on-peer abuse is a growing problem in custodial settings that needs be prevented with proper care planning, appropriate staff training, and adequate staffing.

The alleged aggressor at the Pasadena assisted living facility was 38-year-old Paul Lopez. Mr. Lopez was a resident at the facility for the mentally ill. He was arrested and booked on suspected homicide of a fellow resident, George Schatford, at the Pasadena Residential Care Center. According to reports, Mr. Lopez confessed to police officers present at the scene who were conducting an investigation of the elderly man’s death. Pasadena police Lt. Phlunte Riddle stated that Mr. Lopez claimed to have murdered the elderly man. Further investigation indicated that his statement was credible. Although it is not entirely clear how Mr. Schatford died—and it will not be apparent until the coroner provides his report—Lt. Riddle did note that the victim had marks around his neck. Therefore, the senior may have been strangled.

May 14, 2012

San Diego Elder Abuse Lawyers Discuss Importance of Seeing the Signs of Self-Neglect

by Walton Law Firm

Self-neglect often can be a sign of San Diego elder abuse or neglect. Self-neglect typically occurs when adults cannot or do not take care of themselves properly, according to a recent article in the San Diego Union-Tribune, but it also may indicate a caretaker’s negligence. Generally unsanitary conditions of residents or of a California nursing home or assisted living facility should not be tolerated. Under California law, all nursing home residents are entitled to a safe, clean, and comfortable home-like environment, and friends and family members of elderly residents should make sure facilities are keeping up their hygienic standards.

Sometimes it can be difficult to believe that an elderly loved one is not taking care of himself or herself. Signs of self-neglect may include not eating or drinking, failing to buy food, missing doses of medication or taking too much, not going to the doctor, and refusing or forgetting to bath or dress. Self-neglect can put vulnerable seniors at risk of serious injury or illness, including hospitalization. According to the San Diego Union-Tribune, research shows that the risk of self-neglect increases when an older individual has cognitive impairments or mental health problems, chronic health problems, uses alcohol, lives alone, or has fewer perceived or actual financial or social resources. elder%20hands%20x%202.jpg

Our San Diego elder abuse attorneys know some of these examples also can be signs of depression, which can occur when an elder is being neglected or abused by a caretaker. It is crucial for family members to be on the lookout for these signs and to visit nursing facilities prior to admitting seniors, as well as to make regular visits once a loved one is residing at a facility. Remember, you have the right to ask staff members questions about a facility’s policies or cleanliness and to voice any concerns.

May 7, 2012

AARP Joins Lawsuit Against California Nursing Home Over Antipsychotic Drug Use

by Walton Law Firm

The debate about the use of strong antipsychotic drugs to chemically restrain elderly patients, particularly those who suffer from Alzheimer’s and dementia, continues, and advocates opposing the overuse of medications to subdue seniors have a powerful new ally, the AARP. The phrase “chemical restraint” refers to the practice of unnecessarily drugging patients to restrict their freedom of movement or to sedate them. Our San Diego nursing home abuse lawyers have spoken with many families concerned with the care their loved ones are receiving, so we understand the justifiable outrage of family members who learn that loved ones may have been drugged not for medical reasons, but as a control mechanism.

Elderly patients suffering from Alzheimer’s disease and dementia tend to be targets of chemical restraints because they frequently exhibit a variety of behavioral problems. Although valid reasons to treat patients with antipsychotic drugs exist, negligent caretakers sometimes take the easy way out, reducing their patients to a virtual zombie-like state with non-medically necessary drugs to control and subdue them.

But elder advocates are taking a stand against such abuse, reports the Ventura County Star. The AARP has joined forces with others suing a Ventura nursing home accused of using powerful drugs without the informed consent of residents or family members. The class-action lawsuit alleges the nursing facility circumvented California laws regulating the use of antipsychotic drugs. North County elder abuse attorneys know state law requires California nursing homes to verify that a doctor has received a patient’s or family member’s consent before administering antipsychotic drugs, but the lawsuit asserts the nursing home failed to do so.

April 30, 2012

Cameras Installed in Elderly Patient Rooms Creates Controversy Over Safety and Privacy

by Walton Law Firm

elder%20%20fade.jpg A California health care facility has undertaken a controversial move, reports San Diego 10 News. The Vista Gardens facility, a home for Alzheimer’s and dementia patients, recently installed surveillance cameras in patient rooms. The home claims the cameras are meant to protect patients specifically suffering from memory loss. Our San Diego elder abuse lawyers know many families worry about the safety of their loved ones living in long-term residential facilities. The home’s $200,000 worth of surveillance cameras protect “those who can’t report for themselves and need monitoring or safety measures,” stated Dr. Jacqueline Dupont of Vista Gardens.

Vista Gardens is a posh facility that includes a number of amenities such as a sports bar, spa, and putting green. It is family owned and operated. Owner Don Crowell explained that the cameras, which currently are not operational, serve a two-pronged function because they protect both the residents and the caregivers. “‘Two different things can happen,’ said Crowell. ‘Somebody has been abused or somebody may think they’ve been abused and they haven’t.’”

Under California law, cameras can be used to monitor residents in common areas such as hallways or dining facilities. For the moment, the cameras installed in patient bedrooms must remain off, according to the California Department of Social Services. One elder advocate stated the cameras in patient rooms are designed to be used as a “look back,” and are appropriate if used in that way. This means the cameras would be rolling, but no one would monitor them in real time. The film would only be reviewed if a problem were raised. However, an appropriate balance must be found between health and safety, and the patient’s right to privacy, said the State Department of Social Services. Michael Weston, spokesman for the California Department of Social Services, said he expects there to be decision regarding the use of cameras in private living areas of licensed community care facilities within the next few months.

April 23, 2012

Family of Deceased Man Files “Quality of Care” Suit Against Retirement Facility

by Walton Law Firm

A lawsuit has been filed against a Redlands retirement facility for allegedly failing to provide the quality of services promised to an elderly resident, reports the Redlands Daily Facts. The complaint also alleges the facility, Mission Commons Retirement Residence, is not staffed or operated in compliance with California law. Our San Bernardino elder neglect lawyers work with families in many surrounding communities and often hear from families that are concerned about the care their loved ones are receiving in California nursing homes and long-term care facilities. It is natural to have such concerns, and while we cannot endorse any one way to locate an appropriate facility, we do recommend doing as much research as possible on the nursing homes in your area and making site visits to those facilities.

According to the lawsuit against the Redlands retirement home, former resident Jack K. Hanson, Sr. lived at the independent and assisted living facility from June 2009 until his death in April 2011. His family says that residents at the facility do not receive the quality of services they pay for. Initially, Mr. Hanson paid $5,000 per month to live at the facility. In exchange, Mission Commons Retirement Residence promised to provide care that complied with California law and the level of care described in its “Admissions Agreement,” which was signed by both parties.

When he first entered the facility, Mr. Hanson was part of Mission Commons’ independent living facility. However, as his condition worsened, his family agreed to pay more money, $5,500 a month, to move him to another part of the facility with the promise of better care. The complaint, filed in the Los Angeles County Superior Court, claims the elderly man suffered a fracture and pressure sores due to the negligent care he received. Those injuries, as well as general neglect, allegedly led to the man’s death.

April 17, 2012

Highest Court Rules Binding Arbitration Clauses Valid in Nursing Home Agreements

by Walton Law Firm

Deciding how to care for an aging loved one likely will be one of the most difficult and emotional decisions you will ever have to make. Our North County nursing home lawyers know that caring for aging family members can cause an enormous amount of stress and emotional turmoil. For example, there often are many daunting tasks involved in caring for an parent, including: taking over a parent’s finances, making medical appointments, navigating through a maze of insurance coverage and claims, and even finding space in your home or locating an appropriate long-term care facility. Unfortunately, a recent Supreme Court opinion may make selecting a nursing home for your loved one even harder.

According to a new high scout decision, nursing homes may freely use binding arbitration clauses in their contracts with residents. Such agreements bar elder abuse victims and their families from suing in court, even in cases involving the most egregious and extreme instances of abuse or neglect. The decision, Marmet Health Care Center, Inc. v. Brown (2012), overturned a ruling by the West Virginia Supreme Court, which allowed families to bring lawsuits against nursing homes despite the existence of binding arbitration agreements. Plaintiffs in three wrongful death suits against West Virginia nursing homes sought compensation despite the fact that they or their loved ones had signed an agreement to settle disputes in arbitration, instead of courts, when seeking to admit their loved ones to a nursing home. As is often the case, such binding arbitration clauses typically are buried in contracts and most people do not understand the implications of agreeing to them. Agreements containing binding arbitration clauses could even be one of many pages included in a pile of paperwork required by a nursing home prior to the admission of a new resident.

The Court’s decision was based on the 1925 Federal Arbitration Act, a law providing businesses with almost unlimited power to include arbitration clauses in contracts. The problem with arbitration is that it puts too much power in the hands of businesses, which typically do not have the interests of consumers at heart, even vulnerable consumers such as soon-to-be nursing home residents. Arbitration proceedings often are secretive and expensive for consumers to pursue. Monetary damages awarded in favor of a plaintiff are generally lower in arbitration than those in court.

April 9, 2012

San Diego Nursing Home Abuse Lawyers Discuss the Need to Curb Use of Chemical Restraints

by Walton Law Firm

Powerful antipsychotic drugs are frequently used in San Diego County nursing homes to address behavioral issues caused by dementia or Alzheimer’s disease, including aggression, agitation, and delirium. However, these drugs can have serious consequences for elders and can easily be misused or incorrectly prescribed. According to the Consumer Voice, when antipsychotic drugs are prescribed for elderly persons with dementia, serious medical complications can occur such as loss of independence, over-sedation, confusion, falls, and even death. Recently, nursing home advocates and those of us working in North County elder abuse law have been concerned about the misuse of antipsychotic drugs in nursing homes and residential facilities. Finally, however, the government is taking notice, and a federal agency has announced a new initiative to address this so-called “drugging epidemic.”

According to an elder care statement released by the Consumer Voice, the federal campaign has been launched in order to bring about the end of the use of antipsychotic drugs as chemical restraints for seniors. Unfortunately, some nursing homes in the San Diego area and across the nation improperly use strong antipsychotic medications to control elderly residents by effectively drugging them into submission.

Last year, the U.S. Department of Health and Human Services Office of Inspector General reported that the overwhelming majority of Medicare claims for antipsychotic drug were inappropriate. Michael Connors, Long-Term Care Advocate with California Advocates for Nursing Home Reform, stated that “[t]oo many nursing homes use antipsychotic drugs as a way to control residents when they don’t have enough well-trained staff who know their residents well and can give them the time and attention they need.” Additionally, many facilities fail to obtain the proper consent from residents or their families. Another elder care advocate asserted that chemical restraints are just as dangerous for residents as physical restraints, which frequently are a sign of abuse.

April 2, 2012

Routine Hernia Surgery Results in Death for Elderly Man

by Walton Law Firm

Routine surgeries or hospitalizations can sometimes have unexpected and negative outcomes due to hospital or medical staff negligence. Under California law, a wrongful death suit may be filed when a loved one passes away due to suspected San Diego nursing home abuse or neglect. The Walton Law Firm has successfully prosecuted nursing homes and residential facilities for neglect and abuse for years. We know how to spot the signs and symptoms of neglect and abuse crucial to proving your case.

seniors%20dreaming.jpg Unfortunately, even simple surgeries or procedures can turn deadly due to medical negligence. For example, the widow of a successful businessman has filed a wrongful death lawsuit against the doctors and hospital allegedly responsible for her husband’s death, reports the Scranton Times-Tribune. The man died at the hospital in July 2011 after a hernia surgery that ultimately led to complications. In early July, the elderly man entered the hospital for surgery on a recurrent hernia. Just three days later he returned to the hospital complaining of hiccups, shortness of breath, and wheezing and underwent a series of tests and doctor consultations. The next day, he was transferred to the intensive care unit. Doctors reported that the man was showing signs of signs of septic shock. He later went into cardiac arrest and died shortly thereafter.

As our San Diego and Riverside elder abuse attorneys know, sepsis is a condition that can rapidly become worse or even lead to death if not treated properly. Essentially, sepsis is the body’s response to infection. Sepsis is often referred to as blood poisoning and is characterized by inflammation and the presence of a known or suspected infection. Severe sepsis is typically treated in the intensive care unit with intravenous fluids and antibiotics. Aside from inflammation, patients suffering from severe sepsis often suffer from fever and vomiting.

Sadly, however, there is no universal set of symptoms associated with a septic infection, but knowing some of the warning signs can help you identify the presence of sepsis before it is too late. Infection, overwhelming inflammation, and fever are typical signs. Elderly patients may experience shaking chills instead of a fever. Pain, irritability, and confusion may also be signs. Most importantly, if you see a loved one exhibiting some or all of these symptoms, please take your loved one to an emergency room right away so that medical staff can provide a proper diagnosis and the necessary treatment.

The widow’s lawsuit alleges that the negligence of the defendants caused or increased the risk of harm of her husband’s symptoms, condition, and resulting death. In short, it alleges that the hospital’s negligence turned her husband’s hernia deadly.

If you believe that a loved one is suffering from elder abuse or neglect, please get them help immediately. Common signs of San Diego nursing home abuse or elder neglect include bed sores, dehydration, suspicious bruises, and infection. Other indications of poor care at nursing homes can include understaffing, unclean facilities, and a lack of appropriate supervision. If you have questions, our qualified professionals can help provide the answers, and we are happy to help you find the resources you need to ensure that your loved ones are receiving the care and attention they deserve.

See Our Related Blog Posts:

Death Certificates in Nursing Home Deaths Often Contain Incorrect Information

Record Falsification Uncovered in California Nursing Homes

March 27, 2012

GAO Studies the CMS Nursing Home Rating System

by Walton Law Firm

Making the decision to place a loved one in a nursing home is always a difficult and emotional process. The San Diego nursing home neglect lawyer at our firm appreciate that the process is made even more difficult by the fact that most families do not know where to begin when choosing a home. With stories of nursing home mistreatment shared frequently, it is not easy to confidently select a facility where a loved one’s quality of care will be prioritized.

There are no fool-proof ways to chose a long-term care facility without having any risk at all of a senior suffering from neglect or mistreatment. However, one great resource to start with is the “Nursing Home Compare” website supported by the Centers for Medicare and Medicaid (CMS). The website offers various tools which allow those throughout the country to get an idea of how certain nursing home stack up against one another on a wide range of variables. Combining various data sets (mostly based on federal regulatory information), the website also gives virtually all nursing homes in the country a uniform rating of between one and five stars. The rating is perhaps the easiest way to get a split-second estimate of the level of care likely to be provided at any given facility.

This week the Government Accountability Office (GAO) released the results of a study into the CMS rating system. The study was called for by the Patient Protection & Affordable Care Act. The research examined the history of the nursing home rating system and the ways that the system might be altered in the future.