Southern California Nursing Home Abuse Lawyer Blog

Our San Diego nursing home abuse lawyers help families every day who are concerned about the care their loved ones are receiving at California nursing facilities. We know that seniors are valued members of our society and that they deserve the best possible care. We also strongly believe that poor care should not be tolerated under any circumstances.

Recently, a large verdict was awarded in a serious elder abuse case in West Virginia. According to reports in the Charleston Daily Mail and The State Journal, earlier this year, a jury awarded $91.5 million to the family of 87-year-old Dorothy Douglas, finding that the nursing home’s serious neglect caused the elderly woman’s 2009 death. The plaintiffs’ claimed that Ms. Douglas died as a result of severe dehydration and neglect from the nursing home. After less than three weeks at the facility, the elderly woman was in a comatose state, unresponsive, not walking, and not able to feed herself. According to the family, Ms. Douglas’ son worked tirelessly to have his mother transferred out of the facility, but paperwork problems prevented the transfer. Sadly, Ms. Douglas passed away from complications from dehydration before a change could be made.

The jury decided that the family should receive $11.5 million in compensatory damages as well as $80 million in punitive damages, indicating that the jurors wanted to send a strong message to the nursing home. When the verdict came down, debate ensued due to the size of the award and regarding whether state medical liability caps should apply. Medical liability caps are sometimes created because state legislators fear increased insurance costs and diminished availability of professional liability insurance. In this case, the jury returned a verdict that 20 percent of responsibility for the negligence claim dealt with medical professional negligence and 80 percent was ordinary negligence. That likely means that 20 percent would fall under the legislation, but 80 percent would not. At the time, West Virginia Association for Justice President Paul T. Farrell Jr. explained that $11 million was awarded for the death and $80 million was awarded to punish the nursing home for intentional misconduct.

Debate has again arisen because a circuit judge recently entered a judgment order reducing a portion of the $91.5 million jury award, according to the Charleston Daily Mail. The judge’s order reduced a $5 million segment of the award to a maximum of $4,594,615, but did not significantly reduce the total jury decision as the defendant nursing home had hoped.

Large verdicts in San Diego nursing home negligence lawsuits are not only possible, but can often be appropriate. Such verdicts can call attention to improper care in nursing homes and send a message that when nursing facilities in California and elsewhere fail to comply with health care standards, tragic consequences can occur. Unfortunately, it is often the people who are responsible for caring for our elderly loved ones who commit acts of abuse or neglect—whether it is emotional, physical, sexual, or financial abuse.

Continue reading

Our San Diego nursing home abuse lawyer understands the seriousness of elder financial abuse and knows how it devastates the resources of California families. Unfortunately, like all forms of elder abuse, financial abuse of seniors is underreported and all too common. We realize that many California residents may be worried about elderly loved ones being taken advantage of by a caretaker or scammer, but knowing about a few simple warning signs can help ease those fears. For example, unexplained bank withdrawals, the disappearance of valuables, or sudden changes in a loved one’s behavior are all warning signs that a friend or relative may be a victim of financial exploitation.

The decline of the economy and the high numbers of aging Baby Boomers have recently revealed more and more instances of financial scammers who prey on the elderly. Earlier this year, the California elder abuse attorneys at the Walton Firm learned about a con man who posed as a licensed contractor and solicited home repair and remodeling projects from seniors in several California towns. The contractor never completed the promised services and then disappeared with the elderly victims’ money.

According to a report in The Monterey County Herald, the con man, Timothy Ralph Carrillo, formerly from Sand City, was sentenced last week to 35 years in prison for stealing more than $100,000 from people who believed they were paying for home repairs. He was convicted in August of this year of 24 counts, including California elder financial abuse, residential burglary, grand theft, and contracting without a license. Because the con man had a prior conviction for residential burglary, his sentence was doubled under California’s three strikes law. He also had prior felony convictions for commercial burglary, grand theft, and obtaining money by false pretenses.

The San Diego nursing home abuse lawyer at our firm has helped many families throughout Southern California file civil lawsuits against the employees and facilities that caused them harm. As many community members are aware, the civil justice system is wholly separate from the criminal system. However, a single incident can give rise to both a civil lawsuit as well as criminal charges. That is certainly possible in the context of California nursing home abuse. While civil suits are more common following inadequate treatment at an assisted-living facility, if the misconduct rises to a certain level it is not out of the question for local law enforcement officials to arrest the culprits and charge them with crimes.

In fact, late last week Cal Coast News reported on just such a case. Police officers recently arrested two men who worked as assistants at the Central Coast Nursing Center. The men were brought into custody stemming from allegations of elder abuse, including sexual assault. According to reports, the two men assaulted an institutionalized victim on various occasions over a six month period. Of course, physical and sexual assault are not only clear indicators of substandard care of a nursing facility, but they are crimes under state law. Therefore, this situation should likely produce both a criminal case where the individuals involved may face criminal punishment as well as a civil California nursing home lawsuit. The civil suit would be filed by the victims and their families seeking to hold the all those in a position to prevent the attacks accountable for their negligence.

The abuse was only uncovered after a volunteer at the facility who frequently visited the victim came forward and shared details about his suspicions. We shared information about the volunteer last week, Mr. Edmund Finucane, who was told he could no longer visit the facility after he reported his concerns about the abuse to state officials. Fortunately, the state’s Department of Public Health investigated the matter and uncovered evidence of serious violations at the facility which resulting in very real harm to the vulnerable residents. The facility had its license revoked by the state. New owners took over the home, but it remains to be seen if they will be able to ensure that resident care is improved.

Continue reading

Through the years our San Diego nursing home neglect lawyer has come to appreciate the unique challenges faced by local nursing home residents. Many of the seniors who reside in these homes remain unaware of the level of care to which they are entitled. Not only that but others are physically and/or mentally unable to report any neglect that they experience. The particular vulnerabilities faced by these residents make it imperative that outside observers—friends, family members, and elder care advocates—come forward and stand up for the rights of these residents when they are violated. San Diego nursing home abuse can be eliminated only when the negligent facilities that provide substandard care are challenged on their practices and held accountable for their conduct.

Unfortunately, some facilities go to extreme lengths to hide their poor care and silence those dissenters who demand accountability. A story in today’s Santa Barbara Independent explains how one facility with a track record of California nursing home neglect sought to hide its own mistreatment. The article shares the tale of Edmund Finucane, a 70-year old man who spent nearly thirty years visiting the Central Coast Nursing Center. In the early 1980s the man lived across the street from the home. One day he noticed a sign inviting those in the community to “Come Visit Us.” Hoping to bring a bit of companionship to those living in the home that many not get many visitors, Mr. Finucane decided to stop into the home. It was the beginning of a long bond the man would have with many of the facilities residents.

Over the next 30 years Mr. Finucane took time to visit with residents several times a week. The facility’s activities manager eventually asked him to lead some religious services, and he occasionally entertained residents by playing the violin. Over the years he developed a strong bond with many of the residents that came and went at the home. Unfortunately, all of that changed when Mr. Finucane began uncovered troubling evidence of neglect and mistreatment at the home. He became concerned for the safety of many residents and was not sure how to force the facility to provide better care. He eventually reported the abuse that he saw to state officials. However, management at the nursing home discovered that he had reported the abuse. As a result they told him that he was no longer able to visit the home.

Mr. Finucane believed that the residents had a right to visitors—many of whom he considered personal friends. He soon went back to the home to attempt to visit a woman who was expecting him. When he demanded the ability to visit, the nursing home employees called the police and he was arrested for trespassing. Mr. Finucane fought the charges, and they were eventually dropped entirely. Not long after, state nursing home officials completed their review and decided to revoke the facility’s nursing home license “because of serious violations related to quality of care and actual harm to patients.”

Continue reading

Negligent California nursing practices can cause many negative outcomes for elderly patients, including painful bed sores, inadequate supervision, falls or fractures, and even death. Inadequate staffing or staff training at California nursing homes is also a serious problem. Insufficient staffing is an important indicator of the quality of care that your loved one will receive at a California nursing home or hospital. Sadly, not all nursing homes or hospitals make provisions for adequate staffing or staff training. When they fail to do so, it is often elderly patients who suffer.

According to the San Jose Mercury News, an Oakland woman’s death at a California hospital has prompted an investigation. The 66-year-old woman’s death occurred after she received care from a temporary replacement nurse. The hospital had hired 500 replacement nurses when the California Nurses Association staged a strike. The staff nurses were on strike for only one day, but the hospital had already signed the replacement nurses to a five-day contract. When the staff nurses returned to work the next day after the daylong strike, the hospital sent them home.

The hospital’s decision led to tragic consequences for one California woman. According to investigators, the 66-year-old cancer patient at Alta Bates Summit Medical Center died just a few hours after a replacement nurse, who had come from Louisiana, administered a non-prescribed dosage of medication.

Our California elder abuse attorneys recognize that this tragic death raises many questions about the use of replacement nurses in California nursing facilities. In particular, it is concerning that the hospital hired so many replacement nurses at once. That likely means that few, if any, of the nurses knew the layout of the hospital, were aware of protocol or emergency procedures, or were familiar with the hospital’s equipment. A hospital representative stated that backup nurses at Alta Bates work alongside staff nurses to make sure they are up to speed. But since so many replacement nurses were working together at the same time, they likely did not have many colleagues or supervisors who were familiar with the hospital’s equipment or health care standards to turn to for assistance.

The California hospital is working with investigators, as well as conducting its own internal investigations, but the hospital representative stated that the death—while tragic—was a significant “medical error” rather than a result of the policy of using replacement nurses. The representative stated that using replacement or temporary nurses is a common practice. Howeve, the San Jose Mercury News reported that using replacement or temporary nurses in hospitals for extended periods likely increases the risk of medical mistakes that could harm patients. In fact, it seems that using large numbers of replacement or temporary nurses for even a short time may also present a serious risk of harm to elderly patients.

Continue reading

Technological advances have exponentially enhanced our ability to use video surveillance to catch perpetrators of a wide variety of crimes. Cameras are now used to maintain airport security, to deter shoplifters, to photograph reckless drivers, or to capture robbers in the act. Cameras in public spaces have become commonplace in our society. Now, the use of “granny cams” to target and deter those who commit elder abuse appears to be a practice that is both more acceptable and more widespread than ever before.

Our San Diego nursing home abuse lawyers understand that the use of cameras in nursing home facilities may make elderly residents and their families feel more secure. In fact, as we explained in a recent post about police use of a hidden camera to catch a nurse stealing medication from an elderly patient, camera surveillance can be crucial to stopping California elder abuse.

According to reports in The Seattle Times and the Grand Forks Herald, three states—Texas, New Mexico, and Maryland—have passed laws permitting the use of cameras in nursing homes. These laws allow residents and family members to have “granny cams” installed in nursing facilities at their own expense. Other states have passed laws that help address the issue as well, even if they stop short of allowing private citizens to have cameras installed in nursing homes. For example, in Virginia, the installation of cameras in nursing facilities is part of the state’s licensing process. Minnesota has a similar law that applies to group adult foster care facilities, and may expand the law to cover other forms of care. New York’s attorney general has determined that hidden cameras are allowable for the purposes of elder abuse prosecutions.

Such laws raise many privacy issues, however, as well as issues regarding elders’ personal dignity. Consent usually must be obtained from the resident, family, or any roommates before cameras can be installed.

“Granny cam” legislation permits negligent nursing homes to be caught on tape and held accountable. Yet tension clearly exists over the use of “granny cams,” even among elder abuse advocates. One advocate, Violette King, who founded a nonprofit group called Nursing Home Monitors after her father was abused while in a facility, believes that cameras are “the only solution” for family members who cannot be present to ensure their loved one’s safety around the clock. Other elder advocates believe there are better, more effective means by which to protect our loved ones. One such advocate is Harbir Kaur, an abuse-prevention expert with a Minnesota group called ElderCare Rights, who thinks that “training, education and empowering consumers through strong resident and family councils” are better tools, according to The Seattle Times.

Continue reading

Some California nursing homes have altered information or provided false information in patients’ medical records, according to reports in The Sacramento Bee. The investigation into health care recordkeeping illuminates an important issue in the area of California nursing home abuse. When nursing homes falsify records, medical conditions may be concealed and negligent care may be covered up. Our San Diego elder abuse lawyers know that falsification of nursing home records can put elderly patients at risk of serious medical complications or even death.

Falsification of nursing home records includes providing false information in a patient’s chart. For example, nurses and other staff members may indicate that a patient received physical therapy on a daily basis when the patient in fact did not.

Record falsification can also include alteration of information in medical records, likely either to demonstrate that the patient received adequate care or to conceal mistakes that staff members may have made. For example, missing paperwork might be recreated. Altered or recreated paperwork might be used to cover up poor outcomes, such as patient deaths or injuries like falls or bruises. Some nursing home facilities have also been caught keeping inaccurate or incomplete recordings of dispensed medications.

A recent article in California Healthline delves further into the practice of record falsification in California nursing homes. The article reveals that California issues few citations for record falsifications. Despite this, California elder abuse attorneys say that falsifying patient records is a common practice that arises in nearly every nursing home lawsuit, but that it is rarely punished by licensing authorities. Even though falsifying health records is a misdemeanor in California, criminal charges rarely are brought against negligent nursing homes or their staff.

To some, a change here or there on a medical chart might seem like a minor infraction compared to the many horrific cases of elder abuse that regularly are reported in the news. But one family knows the heartache that nursing home record falsification can cause all too well. According to The Sacramento Bee, 77-year-old Johnnie Esco suffered the serious consequences of negligent recordkeeping when a nursing facility allegedly lied about the care she received.

In 2008, Johnnie Esco, who suffered from Alzheimer’s, was recuperating from pneumonia and chronic constipation. On doctor’s orders, Johnnie entered a nursing home after her initial hospitalization in order to receive prolonged treatment. Chronic constipation can lead to fecal impaction, which, if untreated, can be life threatening in elderly patients because serious colon complications or infection can occur. However, beginning from the date of Johnnie’s admission to the California nursing home, her bowel ailments went untreated and unrecorded. Allegedly, suspicious and irregular charting during Johnnie’s stay led to a decline in her health. By the time Johnnie reached the hospital, her condition was life threatening. She died the next day.

During the subsequent civil lawsuit for elder abuse and wrongful death, staff members conceded that Johnnie’s “charting” was not always done with precision or care and that “rote charting”—quickly copying information from the previous shift instead of filling in accurate information—frequently occurred. Johnnie’s death likely could have been prevented if the nursing home staff had followed standard health care procedures.

Moreover, the nursing home in Johnnie’s case didn’t merely fail to follow health care standards. They allegedly made false material statements. Making false statements in medical records is against the law in California. Victims are put at serious risk and have the right to bring a nursing home lawsuit against the bad actors for civil monetary damages.

Continue reading

Actor Mickey Rooney is suing his stepson and others, alleging California elder abuse, including financial and verbal abuse. Specifically, the actor alleges that his abusers defrauded him out of millions of dollars, tricked him into believing that he was running out of money, and bullied him into continuing to work.

According to articles in The Washington Times and PRNewswire, the 90-year-old actor has accused his stepson, Christopher Aber, Aber’s wife, and others of breach of fiduciary trust, elder abuse, fraud, and misappropriation of the actor’s name and likeness. In recent years, the actor needed the assistance of others to help him manage his personal and business affairs. Over the past decade, however, the elderly actor claims that he essentially lost all control over his personal life and finances due to abuse and fraud.

The complaint alleges that the actor’s stepson “instilled fear in [the actor] and kept him in poverty,” taking advantage of “unfettered access” to the actor’s income. Additionally, the elderly actor’s stepson allegedly took advances on his salary, rerouted all of the actor’s mail and took control of his income—including Social Security checks—opened credit and debit cards in the actor’s name without the actor’s knowledge or consent, and used the actor’s money as if it were his own.

The actor—who has appeared in hundreds of films, television shows, and theater productions and was nominated for an Oscar four times—continued to perform and make appearances in recent years, even after undergoing double-bypass heart surgery in 2000. The lawsuit also alleges that the actor’s abusers regularly withheld food and medication, which lead to bouts of depression for the actor. They apparently bullied the actor and used various scare tactics to force him to continue working. His abusers allegedly told him that he would lose his house and his medical benefits if he did not continue to earn an income. The alleged abuse caused the actor great financial damage and emotional distress.

Earlier this year, the actor testified before the Senate Special Committee on Aging. He described the turmoil that elder abuse wreaked on his life: “. . . I felt helpless. For years I suffered silently. . . . Even when I tried to speak up, I was told to be quiet. It seemed like no one believed me.”
The elderly actor’s experience sheds light on an aspect of elder abuse that is much less obvious that other well-known signs and symptoms of abuse such as bed sores, bruises, or cuts. Our San Diego nursing home abuse attorney knows that emotional and verbal abuse is all too common. Emotional and verbal abuse can include threats, intimidation, or humiliation. In the actor’s case, his abusers purportedly humiliated him both in public and private and frequently lied to him in order to exercise control over his personal and business affairs.

Continue reading

Our San Diego elder abuse lawyer recently explained how elder abuse is reportedly on the rise across the United States. In particular, reports of financial abuse of older Americans have increased, likely due to the tough economic times and the high number of aging baby boomers. However, California lawmakers, elder advocates, and concerned friends and family members are fighting back by proposing and passing laws that provide greater protections for the elderly.

The rising number of reports of California elder abuse and negligent nursing home practices have had at least one positive outcome. They have increased awareness of abuse of the elderly and have led to efforts to punish and prevent such mistreatment. For example, last May, Assemblymember Mariko Yamada proposed HR 13, which established the month of May as Elder and Vulnerable Adult Abuse Awareness Month in California. The bill received unanimous, bipartisan support by the Assembly. The law will bring important recognition to the issue of elder abuse for many years to come.

Another important bill introduced by Assemblymember Yamada addresses gaps in the reporting of elder abuse. AB 40 strengthens elder abuse reporting requirements in long-term care facilities. It requires that mandated reporters of suspected elder abuse in long-term care facilities report the abuse to both adult protection officials and law enforcement. This ensures that both entities receive reports of suspected elder abuse simultaneously so that a criminal investigation occurs with every report of suspected abuse. Such measures are essential to holding abusers accountable for their actions.