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

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State regulators in Miami, Florida ordered an assisted living facility to shut down after caregivers tied an elderly woman to her wheelchair. The Miami Herald reported that the frail woman was forced to sit on a life-threatening wound after being bound to the wheelchair. The San Martin De Porras assisted living facility will have to pay $20,000 in fines and it will have to close following an order from the state Agency for Health Care Administration.

While this facility closure occurred in Florida, it has relevance for residents of California nursing homes and assisted living facilities. The nursing home abuse in Miami may have happened across the country, but the problems in this facility could happen anywhere. If you are concerned that a loved one may be experiencing nursing home abuse or neglect, it’s important to speak to an experienced nursing home abuse attorney to discuss your options.

Details of the Assisted Living Facility Closure

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Earlier this month in Sacramento, a judge upheld a $23 million jury award in a case where an elderly woman died from bedsores, reported UT San Diego. This nursing home abuse occurred at a Northern California assisted living facility owned by the Emeritus senior living corporation. In addition to the original verdict, the judge actually added an additional $4.3 million in legal costs and fees, according to the Sacramento Bee.

This recent decision will have important implications in nursing home abuses cases in California. The high verdict sends a message to nursing homes and assisted living facilities in our state that they need to take better care of residents if they want to avoid lawsuits for nursing home abuse and neglect. If they don’t, they’ll have to pay. If you are concerned about an elderly loved in in a nursing home or assisted living facility, it’s important to speak to an elder justice advocate. Your loved one and your family may be eligible for compensation.

The Victim’s Story

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A recent article in The New York Times suggested that banks may play a key role when it comes to schemes intended to defraud older Americans. Is elder financial abuse a significant problem, especially when many people in the U.S. are dealing with money troubles despite their age?

Financial Elder Abuse

According to The New York Times, older Americans may be particularly susceptible. When it comes to financial fraud, elderly persons tend to be more vulnerable due to their increased financial worries and loneliness. If you are concerned that an elderly loved one has become the victim of financial abuse, you need an experienced elder justice advocate on your side.

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Back in 2011, a Miami Herald investigation uncovered evidence of elder abuse and neglect in assisted living facilities across the state of Florida. Since then, politicians have been working to pass legislation to reform assisted living facilities in Florida. However, according to an article in the Miami Herald, the bill failed to pass again on the last day of the legislative session in Florida.

While this legislation (or the lack of it) would primarily affect residents in Florida, the state’s concerns about abuse and neglect in assisted living facilities are just as relevant here in California. Do you have a loved one who is currently in an assisted living facility? If you’re concerned about abuse and neglect in nursing homes or assisted living facilities in southern California, contact an experienced nursing home abuse lawyer today to discuss your case.

History of the Legislation

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A recent article investigating nursing home abuse and neglect claims in New York could have significant implications in southern California. According to the Post Star, nursing home understaffing looks to be a major cause in nursing home neglect cases, along with medical training deficiencies and state inspection errors. hosptial.jpg

Local Felony Charges Due to Understaffing?

Last summer, Tiffany Vanalen, a licensed practical nurse with more than 10 years of experience, was arrested on felony neglect charges. The Post Star reported that she hadn’t intended to harm anyone at the Pleasant Valley nursing home where she had been employed, yet a state investigation showed that Vanalen failed to give required medications to five residents at the nursing facility, and then she proceeded to falsify documents to make it look like she had, in fact, given the medications.

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Many older adults who experience depression may see their risks for developing Alzheimer’s and dementia increase, according to a recent article in the New York Times. This is a serious issue for patients in nursing homes and other elder care facilities. While elder abuse and neglect can take many forms, the failure to provide for a patient’s mental needs, such as depression, may constitute neglect.

Statistics on Depression and Alzheimer’s Disease

The New York Times article reported that current research suggests that “late-life depression” has not only led to increased risks for “social isolation, poorer health, and an increased risk of death,” but it also may lead to Alzheimer’s disease and other forms of vascular dementia. With an increasingly large population of older adults, these facts are concerning.

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A recent article in the New York Times discussed certain dangers that can await Parkinson’s patients when they’re admitted to hospitals. These patients require specific medications at certain times, and general hospital staff members aren’t educated about the needs that these patients have. As a result, Parkinson’s patients can be the victims of serious medication errors, and they can undergo severe side effects from seemingly routine hospital visits. abuse.jpg

If an elderly parent or loved one has been mistreated while in the hospital, an experienced elder justice advocate can discuss the details of your case with you today.

Dangerous Consequences of Medication Errors

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A West Virginia jury awarded $90.5 million in damages to a family who alleged nursing home abuse and neglect back in 2010. The nursing home has taken the case to the West Virginia Supreme Court once already, according to an article in West Virginia’s State Journal. And this time, they’re arguing that the state’s Medical Professional Liability Act (MPLA) should require the court to apportion damages in their favor.

This case could have important implications for nursing home abuse damages in California. While the West Virginia Supreme Court’s ruling won’t bind California courts, it may set the tone for the ways in which damages are approached and apportioned in nursing home abuse cases.

Details of the Nursing Home Neglect

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A recent study in JAMA Internal Medicine confirmed that abused and neglected elderly persons face much higher risks for hospitalization, and not necessarily for injuries suffered as a result of their mistreatment. According to Dr. Theresa Soriano, an associate professor of medicine in geriatrics and palliative care in the Icahn School of Medicine at Mount Sinai, “It is understandable how a vulnerable older person experiencing abuse may fail to prioritize the prevention or care of their health conditions.”

Hospitalization rates especially tend to increase when elderly persons rely upon an abusive family member as a caregiver. They can miss medical appointments, adhere poorly to required diets and medication schedules, and they can experience increased stress and anxiety. As a result, all of these things can contribute to “poor control of any medical conditions and increased hospitalizations,” according to an article in Health magazine.

Details of the Study

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Just last week, a South Dakota court granted a nursing home abuse defendant access to the victim’s medical records, according to a news release from the Nursing Home Abuse Center. Heather Lynn Laird, a 36-year-old former employee of the Dell Rapids Nursing and Rehab Center, was indicted last December for felony abuse and neglect of an elderly person. Now, Laird and her attorney have the right to view the victim’s medical records. Laird and her attorney hope that these medical records will prove relevant in the defense.

In January, Laird pled not guilty to the charges against her. Yet her record as a licensed practical nurse (LPN) suggests that this isn’t the first complaint.

Defendant’s History as an LPN Caregiver

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