The California Advocates for Nursing Home Reform (CANHR), a statewide advocacy organization dedicated to improving care for California seniors, has launched a weekly radio program for seniors. The show is called Elder Issues and Answers, and his hosted by Pat McGinnis and Prescott Cole. The show airs Saturday mornings at 9:30 am, can be heard online at KTRB860.com. (Click here to listen)

McGinnis and Cole are leaders with CANHR, and are experts in the areas of elder care. Upcoming shows will feature guests, and will cover such topics as trust mills, nursing home abuse and neglect, financial elder abuse, reverse mortgages, resident’s rights, and Medi-Cal Recovery. Tune in.

In the news today is an article from the BBC about a nursing home nurse who was found guilty of assaulting an 80-year-old patient who suffers from dementia. According to the article (found here), the perpetrator “twisted the hand” of the resident, causing the resident to scream and cry. The assault was witnesses who reported the offense, leading to the prosecution and deportation of the caregiver.

But that was in Britain. Do we have such abuse in Southern California nursing homes? The answer is a resounding yes. Is it an epidemic? No, but there is enough of it to raise concerns. Our firm currently represents a San Diego nursing home resident who suffers from dementia, and who, while resisting care (something people with memory impairment diseases sometimes do), was punched in the face by a caregiver. Immediately after the battery, there was an attempt to cover up the abuse, but thankfully witnesses stepped forward just as they did in the case in Britain.

We advise family members and caregivers to be aware of sudden changes in condition of the patient, and to look for unusual marks or bruising that might indicate abuse. Sadly, many cases go unreported because either the resident cannot complain because of advanced disease, or will not, because of fear of retribution. If an assault and/or battery is suspected, the authorities must be contacted right away.

A conservatorship is a protective court proceeding which is held in the Probate Division of the San Diego Superior Court. A general conservatorship can be a critical vehicle used to assist someone who has suffered a debilitating accident or injury that impairs their ability to care for themselves physically or financially. A conservatorship proceeding can also become necessary to protect an elder who is losing his or her ability to care for themselves properly or who is subject to undue influence.

In a conservatorship of the person, the court-appointed conservator manages the personal care of a person who cannot properly provide for his or her personal needs regarding physical health, medical care, food, clothing or shelter. The conservator may also decide where the conservatee lives, and must ensure the environment selected is the least restrictive choice available.

In a conservatorship of the estate, the court-appointed conservator manages the financial affairs of a person who is substantially unable to manage his or her financial resources, or to resist fraud or undue influence. Depending on the particular individual’s needs, the court may grant a conservatorship of the person, the estate, or both.

A nursing home in suburban Chicago has been sued for failing to protect a 69-year-old resident from a sexual assault by a 21-year-old mentally ill man. According to the lawsuit, which alleges nursing home negligence and elder abuse, the skilled nursing facility tried to cover up the rape by telling authorities that it was consensual sex.

This case highlights the dangers in mixing elderly residents with younger patients who suffer from mental illness. The lawyer from the victim contends that a profit motive drives homes to mix residents.

“The only possible reason that you would be in this situation is a profit motive,” said Pete Flowers, attorney for the woman. “You want more residents in your facility, but you’re unwilling to pay for the necessary elements to protect all the residents.”

The California Advocates for Nursing Home Reform (CANHR) have issued a press release addressing a Santa Monica nursing home that has neglected residents with impunity, and contending the state has done little to correct the problems. In the release, CANHR contends that a resident died while staff ignored breathing problems, another died from an infected bed sore, and a third was hospitalized with a neglected pressure ulcer, yet the home received no serious penalties from the California Department of Public Health who verified the neglect.

CANHR’s concern about this is shared by many, including this law firm. We have had several cases of outrageous acts of abuse and neglect that have confirmed by the state investigation, but no serious penalties issued. Take for example a case we recently accepted. An elderly Alzheimer’s patient is given a bath by caregivers at the nursing home where she resides. Because of her disease, she tends to resist care, and did resist when five caregivers tried to put her in the bath. One caregiver got so angry that she punched the resident in the face, causing a black eye and severe bruising. The resident couldn’t complain because she cannot speak (because of her disease).

When the family asked why mom had a black eye, the facility lied and said she fell. It was only after one of the caregiver’s conscious got the best of her when the incident was reported to the state. The state investigated and confirmed the abuse, but did the state issue a citation? Of course not; only a deficiency, and not for the physical abuse itself, but for the failure to report the abuse. But maybe the State didn’t think the resident was actually “punched” or “struck” by the nursing; it doesn’t use those words in its investigation report. Instead it says that the nurse “put her fist to the patient’s face.” No punch, no citation, no fine.

In the promotion of an HBO series called “The Alzheimer’s Project,” The San Diego Union Tribune featured an interview with Dr. Paul Aisen, director of the Alzheimer’s Disease Cooperative Study at UCSD, who is also featured in the series. Dr. Aisen is, if anything, very optimistic about the development of Alzheimer’s treatments, and says that there are several excellent candidate drugs in clinical trials.

Do you think finding effective treatments, even a cure, for Alzheimer’s is no longer hopeless?

I do. I think the likelihood is that in the foreseeable future, we will make very major progress in controlling the disease. The science has advanced to the point where we have highly promising targets for drug development, excellent candidate drugs in clinical trials. One or more of these current programs will be successful.

An 89-year-old nursing home patient in Australia was bitten by mice, which shredded parts of his ears, head, and neck. According to reports, this victim of elder neglect was bedridden, and had the tops of ears severely chewed. A federal official, who has launched an investigation into the matter, said it was “extremely disturbing and traumatic” for the resident and his family. We couldn’t agree more.

Here’s a video report:

Embedded video from CNN Video

A Pico Rivera nursing home has been issued a $100,000 fine and an AA citation for the death of one of its residents in December. The California Department of Public Health announced that the citation was given to Riviera Healthcare Center on Telegraph Road after a 64-year-old man lit himself on fire while trying to light a cigarette.

According to reports, the resident, who was confined to a wheelchair after suffering a stroke, was left unattended in the dining room. When he caught fire, staff was alerted, but panicked, and failed to use a fire extinguisher and fire blanket that was just six feet a way.

The man was rushed to the nearby hospital with third-degree burns to his legs, groin, butt and hand. Skin grafts were attempted, but failed to take and the man died 18 days later.

A lawsuit alleging that Orange County based nursing home chain singled out Spanish speakers when enforcing an English-only policy has been settled. Skilled Healthcare Group was ordered to pay up to $450,000 for punishing Spanish speaking employees for violating the policy, but not enforcing it against other non-English speakers.

According to news reports, Latino workers in the nursing facility were prohibited from speaking Spanish to Spanish-speaking residents, and were also subject to disciplinary action if they spoke Spanish on their breaks, even in the employee parking lot.

In one case at the Royalwood Care Center in Torrance, she said, a resident told her in Spanish that she needed to use the restroom. When Schilling responded in Spanish, she said, she was told by a supervisor that she would be written up or fired if she continued to speak that language.

Walton Law Firm LLP has filed an elder abuse lawsuit against Vista Hospital of Riverside, it’s owner Vista Healthcare, LLC and Dr. Joel Pengson. The complaint alleges that Shirley Buffa was admitted to Vista Hospital of Riverside on May 16, 2008 and died on May 27th, 11 days later. The complaint alleges that Mrs. Buffa’s death was a direct result of the the Defendants’ neglectful failure to provide her with the medical care which she required, including but not limited to, the failure to provide dialysis.

The Summons and Complaint can be viewed on the Riverside Superior Court’s website HERE.

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