Southern California Nursing Home Abuse Lawyer Blog

February 23, 2011

San Diego Mother and Son Face Charges of Criminal Neglect of Disabled Adult

Jeremy Marlow suffered from cerebral palsy and died at the young age of 28. But police believe that his death had nothing to do with his affliction, and everything to do with the way he was treated by his mother and brother in their El Cajon apartment. Deborah Marlow and her son Christopher Marlow will stand trial in June on charges of involuntary manslaughter in the death of Jeremy, who was living with the defendants at the time of his death.

An investigation was triggered when Christopher Marlow called 911 to report that his brother Jeremy was having trouble breathing. When paramedics arrived, they discovered an apartment full of rotting food, animal waste, and trash. In his filthy bed, paramedics found Jeremy weighing less than 100 pounds. He was taken to a local hospital where he died five days later.

In addition to charges of involuntary manslaughter, the defendants have been charged with neglect of a dependent adult causing great bodily injury, as well as charges of animal cruelty.

February 18, 2011

Los Angeles County Nursing Home Fined After Choking Death

by Walton Law Firm

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The Goldstar Rehabilitation and Nursing Center was issued an AA citation by the California Department of Public Health after investigators concluded that substandard care led to the choking death of one of its residents. According to reports, the 60-year-old resident, who was on a doctor-ordered soft diet, died after choking on solid food during dinner. The man choked for 10 -15 minutes before passing out. Nursing staff was unable to revive him.

The Department of Public Health has the statutory authority to levy fines against nursing facilities for acts of abuse, neglect, or otherwise substandard care. State citations imposed are categorized as Class B, A or AA, depending on the severity of the wrongdoing. The fines range from $100 to $1,000 for Class B up to $100,000 for Class AA. The citation class and amount of the fine depend upon the significance and severity of the established violation.

February 10, 2011

Law Would Require Nursing Homes to Notify Families of Licensing Trouble

by Walton Law Firm

California Assembly Bill 313 would require nursing homes and residential care facilities to notify all residents and family members if the license of the facility is in jeopardy of being revoked. The bill, authored by Assemblyman Bill Monning, would require written notification “when its license is in jeopardy from serious deficiencies, revocation or suspension, or court proceedings.” The bill was instigated by events at a Santa Cruz nursing home were residents and those responsible for them were not given adequate notification before the license was revoked.

Source: theCalifornian.com

The nursing home abuse and neglect lawyers at the Walton Law Firm represent seniors and dependent adults who have been victims of physical abuse in the nursing home, and those who have been neglected or received substandard care. Call (866) 607-1325 or complete on online for for a free and confidential consultation.

January 28, 2011

Elder Abuse in Spotlight After Pearl Harbor Survivor Found Living in Squalor

by Walton Law Firm

Max Bauer has no doubt seen a lot in his 93 years. Among his many experiences were those aboard the naval ship USS Vestal, moored in Pearl Harbor in December 1947 when the Japanese attacked. He was particularly proud of being a Pearl Harbor survivor, and placed a special Pearl Harbor Survivor license plate on his car.

In recent year, however, times have been tough for Max. A story in San Diego Union Tribune this morning reveals a man whose life has been on the decline since his wife of 62 years died in 2007. He had become so frail that he required the assistance of a caregiver, who moved into his home in El Cajon to help care for him. That’s when things got really bad.

Increasingly, friends and neighbors didn’t hear from Max, and after concern grew the Sheriff was called out to do a welfare check and were surprised by what they found. Sheriff’s deputies discovered that Max was living in squalor, his house filled with trash, rotting food and rat droppings.

January 27, 2011

Long-Term Living Magazine Names Nursing Home Lawyer to Most Influential List

by Walton Law Firm

The online magazine Long-Term Living has compiled a list of persons it has determined as the “most influential” in the long-term care industry. It prefaces its list with a kind of warning that the industry has a storied history “full of ups, downs, hair-raising regulation and heartwarming innovations.” The magazine doesn’t identify the “downs” or the “hair-raising regulations,” but a clue might be a name included on short list (that also includes the late Edward Kennedy).

The magazine has listed James L. Wilkes, II of the law firm Wilkes & McHugh, P.A. to the list of most influential persons in the long-term care industry. Based in Florida, Mr. Wilkes is a nationally recognized attorney who, like the Walton Law Firm, represents individuals and families who have been impacted by nursing home neglect, a far too common occurrence in American nursing homes. Mr. Wilkes is described as a “holy terror” to nursing homes, because of the lawsuits he files against them for “negligent resident care, often manifested by life-threatening pressure ulcers, falls, fractures, and assaults due primarily to alleged understaffing by large for-profit chains.”

Congratulations to Ms. Wilkes for his inclusion on this list, and for fighting the fight on behalf of abused and neglected nursing home residents everywhere.

January 26, 2011

Elder Abuse Lawsuit After Abuse Caught on Video

by Walton Law Firm

An elder abuse and neglect lawsuit has been filed on behalf of an elderly Korean-American woman who died last year after what the family alleges was abusive treatment by her caregivers. Kyong-hui Duncan died last June while her family was looking for a new nursing home to take her to after it became concerned about the care she was receiving.

When the family’s concerns began, Ms. Duncan’s grandson installed a security camera in her room. The camera wasn’t hidden, and caregivers knew about its presence, but family members became suspicious when they would frequently find the camera turned off when they came for visits.

Though the family claims the camera was often shut off by care providers during routine visits, images taken by the camera during one such visit show caregivers violently shaking Duncan as they attempt to place her in a wheelchair. The family adds that she would often be seen sitting in her room for hours, crying for help, sometimes upside down in her wheelchair, without any response from the attendants at the center. Bruises were also periodically found on her body, while an autopsy revealed toxins from medicines not prescribed by her doctors.

January 14, 2011

Video Captures Abuse in California Nursing Home

by Walton Law Firm

When Sean Suh’s grandmother was admitted to a residential care facility he wanted to make sure she was being watched at all times. To do that, he installed a camera at her bedside that recorded his grandmother 24/7. The camera wasn’t hidden, and frequently when Ms. Suh would visit his grandmother, he would find the camera unplugged. After finding his camera unplugged one too many times, he decided he needed to find his grandmother a new place to live. She died before he could move her out.

When Mr. Suh looked at some of the footage his “Grannycam” captured he was stunned. The video showed his grandmother being lifted off the floor and thrown hard into her wheelchair. Then, it appears, a caregiver tips the wheelchair all the way back and violently shakes the elderly woman.

Watch:

January 12, 2011

Younger Patients Ending Up in Nursing Homes

by Walton Law Firm

The Washington Post is out with an interesting article about a growing national trend – younger patients are ending up in nursing homes. According to the article, approximately one in seven nursing home residents in the United States is under the age of 65, a number that has grown significantly just in the last eight years. This development has raised all kinds of issues for the nursing homes that take these younger patients like Adam Martin, at 26-year-old quadriplegic who is living in a nursing home.

“It’s just a depressing place to live,” Martin says. “I’m stuck here. You don’t have no privacy at all. People die around you all the time. It starts to really get depressing because all you’re seeing is negative, negative, negative.”

Older residents have their own issues with it as well, and frequently complain about loud music and rowdy visitors. And while most nursing homes try to house younger residents together, new steps are being taken to address this growing problem.

January 3, 2011

Nursing Home Points Finger at Hospital in Patient Death

by Walton Law Firm

A Northern California nursing home is claiming that the local hospital, Mercy Medical Center, killed one of its residents. According to news accounts, 74-year-old Robert Nelson, a developmentally disabled adult residing in skilled nursing facility Shasta House, was taken to Mercy in December for “digestive problems.” Nelson used a feeding tube for nourishment, and could not take any food by mouth. The nursing home said that the hospital was informed of this.

Visitors to Nelson at the hospital, however, said they caught hospital staff trying to feed Nelson by mouth on several occasions, including attempts to administer pills by mouth. The attempts continued, allegedly, even after warnings were given to hospital staff.

Not long after his admission for the digestive problems, Nelson came down with aspiration pneumonia, an inflammation of the lungs and airways, usually caused by the breathing of foreign material such as food. People with swallowing difficulties are at risk of acquiring aspiration pneumonia, but Nelson should not have been as his condition required no food by mouth.

December 22, 2010

Holidays a Good Time to Check in on Loved Ones

by Walton Law Firm

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This is the time of year that families crisscross the country to see each other and celebrate the holidays, but it’s also a good time to check in older relatives who might be living alone, and under the care of someone. It is estimated that up to two million American seniors have been mistreated or abused by someone they rely on to provide car. For every case of elder abuse reported to Adult Protective Services, five cases go unreported.

Experts couldn’t agree more. Holiday visits, they say, offer a perfect opportunity to assess the needs and health of elderly relatives, whether they’re living independently or in a care facility. “You should visit with a checklist in your head,” says San Francisco social worker Mary Twomey. She advises people “to look for red flags: Has your parent lost weight, are they no longer interested in things they once enjoyed, are there any signs of physical abuse?”