Southern California Nursing Home Abuse Lawyer Blog

Our San Diego nursing home abuse attorney understands that knowing the signs and symptoms of abuse is essential to ensuring that your loved ones are adequately cared for and safe. Elder abuse can consist of neglect—such as lack of supervision or violations of health and safety standards—or physical, sexual, emotional, or financial abuse. According to a recent press release issued by the University of California, Irvine (UC Irvine), nearly 2 million older Americans are abused each year. For each incident of reported elder abuse at least five more go unreported.

Reports of elder abuse have been on the rise around the country. In our area alone, several negligent California nursing homes have been fined or closed due to their inadequate, or in some cases illegal, practices.

There is good news, however. UC Irvine recently announced that California residents now have another important resource that will provide information on how to prevent mistreatment of elders. The U.S. Administration on Aging has designated UC Irvine as the site for the National Center on Elder Abuse (NCEA) based on the university’s award-winning program in Geriatrics. The university will receive a $1.7 million federal grant.

Our San Diego nursing home abuse lawyers know that neglect is a serious form of elder abuse. Those who take care of the elderly must be held accountable when they fail to provide adequate care or violate basic health or safety standards. Unfortunately, mistreatment at these locations continues throughout the country. For example, a former group home owner in Ohio received probation for the deaths of two patients at the facility due to heat stroke. According to a report in the Toledo Blade, Pamela Shay pleaded no contest to two misdemeanor counts of patient neglect. She must serve two years’ probation, complete 200 hours of community service, and permanently surrender her nursing license. The group home that she owned and operated is now closed.

Both victims were schizophrenic and shared a room at the now defunct group home. The prosecutor on the case reported that a heat wave affected the city early that summer, with temperatures reaching over 90 degrees. As the owner and operator, Ms. Shay had a duty to avoid temperature extremes within the facility that could be a health hazard.

By the time first responders arrived the younger of the two residents, was already dead. The temperature in the patients’ room was 90.5 degrees. The second victim died the next week at a local hospital. His temperature was 105.5 degrees when he arrived at the hospital. The county coroner’s office ruled that the deaths were accidental and that the cause of death was heat stroke.

California elder neglect is generally defined as the failure of any person responsible for the care or custody of an elder or dependent adult to provide adequate care or to protect them from health and safety hazards. Although the group home owner was present in the home during the time period when the deaths occurred, other staff members were responsible for the residents’ care at the time of the incident. Despite this, when the group home owner failed to ensure that the building was cooled properly during the heat wave and that her staff was taking precautions to make sure residents were safe—including adequate hydration—she clearly committed resident neglect.

Yet this case resulted only in probation. The group home owner seemed remorseful, accepted responsibility for her actions, and had previously given up her group home license prior to the plea. She was tearful during the sentencing and apologized for what happened to the two residents. “I cared about them,” she reportedly said. “A day doesn’t go by where it hasn’t affected me.”

When these cases strike, both criminal civil legal actions can arise. For example, after the deaths the men’s families filed a nursing home abuse lawsuit in civil court. Those cases were eventually settled without the need for the case to go to trial.

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Many people are familiar with the difficulties involved in taking care of elderly parents, especially those with health problems. Often, people are forced to entrust the care of their loved ones to the doctors, nurses, and other staff members of nursing homes. The reason that people do this is because they realize that they do not have the skills, training, or time to provide the kind of around-the-clock care that is needed. They feel that their loved ones will receive better care in the nursing home than they would at home. However, nursing homes do not always provide the quality of care that they promise and on which their patrons rely.

In recognition of this fact, the state of California requires nursing homes to be licensed by the state in order to operate. They must meet and continuously adhere to certain regulations and standards in order to maintain their licenses, and they are subject to inspection by state investigators.

The purpose of the licensing program is to ensure that nursing homes are safe for the people who live there and to prevent California elder neglect or abuse. However, this program can only go so far in preventing serious harm to residents of these long-term care facilities. In spite of state regulations, there are still far too many incidents of San Diego nursing home abuse, medical malpractice, or other violations of state law. Even worse, these incidents are not always taken as seriously as they should be by the state or by the owners of the facilities.

Many assisted living or nursing home facilities emphasize structure and rules to provide stability for residents and ease of care for staff members, but some facilities are trying new and unique approaches. Our San Diego nursing home attorney knows how important it is for your loved ones to receive personalized attention and care, as well as top-notch medical treatment. Two stories recently caught our interest not only for the unique treatments they presented, but also for their positive perspective on providing innovative elder care.

At some facilities, “therapy dogs” and other animals are used to bring joy to nursing home patients. According to a local ABC news station in Ohio, residents at a skilled nursing facility recently received a visit from Gremlin, a 7-year-old pit bill rescue and certified therapy dog. Gremlin, a former a bait dog in a dog-fighting ring, was terribly abused before she was rescued. She can no longer bark and is partially deaf. Although the pit bull may seem intimidating at first, residents quickly warmed to Gremlin’s sweet demeanor and face licks. A staff member reported that residents’ faces lit up as soon as the dog walked into the room and that the dog’s presence prompted most residents to come out of their rooms and be social. One resident marveled at Gremlin’s ability to give love after being so horribly abused, reminding patients and staff alike that love and affection truly can be the best medicine.

Another nursing home also uses a form of alternative therapy. Beatitudes, a nursing facility located in Arizona, has an unusual philosophy: “To let patients do what they want.” The facility was originally created to provide care to seniors who prefer independent living options, but Beatitudes also provides more advanced care if needed, such as home care services and assisted living.

For Alzheimer’s residents in particular, Beatitudes offers a unique approach because residents are encouraged to pursue the activities they prefer and enjoy, which could include playing the piano, eating what they wish, or participating in arts and crafts. According to a local NBC station in Arizona, experts at the Beatitudes facility say that one of the mistakes caregivers often make is not incorporating Alzheimer’s patients’ previous passions into their everyday lives.

The staff at Beatitudes is trained to listen to their patients, to let them make their own decisions, and to show them love and support. They also aim to create positive emotional experiences for Alzheimer’s patients, which, research suggests, reduces stress and behavioral problems. For example, if an Alzheimer’s patient asks where her deceased husband is, a staff member may respond that “he can’t be here right now” instead of “he died four years ago.” Such a response answers the patient’s question without forcing her to relive the pain.

Residents at Beatitudes still receive the medical treatment ordered by their doctors. However, the staff attempts to remove discomforts (e.g. deep-seated wheelchairs that make it more difficult for patients to stand up) and reviews residents’ biographies in order to make them feel at home.

Unlike many negligent nursing homes, Beatitudes has also drastically reduced the distribution of antipsychotics and certain medications. The staff also tries to encourage activities that will foster group participation and interaction between patients, staff, and family members, such as block building and coloring. Under the Beatitudes approach, residents and their families report a better quality of life, less staff turnover, and lower costs.

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