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

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A report published by the National Nursing Home Survey finds that between 1999 and 2004 the number of nursing home beds and nursing home residents declined in the United States. The number of nursing home beds dropped more than 10%, or 200,000 beds, and there are approximately 100,000 fewer nursing home residents.

The survey also found that more nursing facilities are certified for both Medicare and Medicaid, and that the vast majority of caregivers were not licensed nurses, but Certified Nursing Assistants. Also, it was found that a small fraction of nursing home residents are independent, and need no help with their activities of daily living, which a slight majority, 51.1%, needed assistance with all daily activities.

To read the entire survey, click here. (.pdf)

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The California Department of Public Health has issued fines to two Orange County nursing homes after concluding that negligent nursing care lead to the deaths of two residents. Alamitos West Health Care Center in Los Alamitos was fined $100,000.00, and Huntington Valley Healthcare in Huntington Beach was fined $80,000.00.

Investigators found that Alamitos West failed to give an 82-year-old female resident adequate fluid, causing her to suffer dehydration and kidney failure. When the woman was finally transferred to a hospital, her dehydration had caused an altered mental status. The woman died a week later, on Christmas Day.

The case against Huntington Valley involved the failure to call 911 as a patient was dying. According to reports, the caregiver thought the resident did not want resuscitation if life saving treatments was needed, but the resident had actually stated in his chart “I Do Want C.P.R.” The resident died in the nursing home.

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This list contains the issuance of citations to Southern California nursing facilities by the California Department of Public Health over the last six months. All the citations listed are issued for reasons related to patient care. For verification of the citation, please contact the local department office or Walton Law Firm LLP.

<font size='2'Facility Date Citation
Los Angeles County
Antelope Valley Healthcare 3/04/09 Class B
Arbor View Rehabilitation 3/11/09 Class B
Burbank Healthcare and Rehab 3/04/09 Class B
Casa Bonita Convalescent 3/31/09 Class AA
Chandler Convalescent 2/04/09 Class B
Country Villa Broadway 3/02/09 Class B
Emeritas at San Dimas 3/30/09 Class A
Lutheran Health Facility 3/04/09 Class B
Mid-Wilshire Health Care Center 2/02/09 Class B
Royal Oaks Convalescentr 3/13/09 Class B
Tarzana Health and Rehab 4/07/09 Class B
Windsor Terrace Healthcare 2/09/09 Class B
Orange County
Coastal Communities Hospital 03/17/09 Class B
Country Villa Laguna Hills 03/03/09 Class B
Fountain Care Center of Orange 4/07/09 Class B
Sunbridge Care and Rehabilitation 1/21/09 Class A
Riverside County
Hemet Valley Healthcare Center 2/10/09 Class A
Hemet Valley Medical Center 12/04/08 Class A
Plymouth Tower 1/13/09 Class B
San Diego County
Care With Dignity Convalescent 2/11/09 Class B
Escondido Care Center 02/25/09 Class AA
Fallbrook Hosp. Dist. Skilled Nursing 3/02/09 Class B
La Paloma Healthcare Center 3/04/09 Class B
Remington Club Heatlh Center 3/18/09 Class B
Vista Knoll Specialized Care 3/04/09 Class B
Ventura County
Brighton Gardens of Camarillo 3/09/09 Class B, WMO
Camarillo Healthcare Center 3/09/09 Class B
Country Villa Oxnard 10/30/08 Class B
Fillmore Convalescent 4/03/09. Class B
Twin Pines Healthcare 3/09/09. Class B
Santa Paula Healthcare 3/17/09 Class B, A, A, A

Class AA: The most serious violation, AA citations are issued when a resident death has occurred in such a way that it has been directly and officially attributed to the responsibility of the facility, and carry fines of $25,000 to $100,000.

Class A: Class A citations are issued when violations present imminent danger to patients or the substantial probability of death or serious harm, and carry fines from $2,000 to $20,000.

Class B: Class B citations carry fines from $100 to $1000 and are issued for violations which have a direct or immediate relationship to health, safety, or security, but do not qualify as A or AA citations.

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California law allows the creation of “family councils” by relative of a nursing home resident to help influence the quality of care given to a resident. Not merely gripe sessions, these councils can facilitate communications between families and residents with the nursing home staff and caregivers, and also offer peer support for friends and relatives of the resident, and help prevent substandard care.

A nursing home may not prohibit the formation of a family council, and must allow the council to meet on the grounds of the facility at least once a month. In addition the home must designate a staff member who is responsible for assisting the council, and to respond to all written requests made by the council.

The California Advocates for Nursing Home Reform provides excellent resources for the creation and maintenance of a family council, and advice as to how the make the council an effective tool to promote high quality care. (Click here to access the CANHR site)

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When Doris Weaver saw her mother’s black eye at the local hospital emergency room where she had been taken from a nursing home, she was stunned.

“She had a bruise from her temple all the way down to her lower earlobe,” said Weaver. “Her eye was black and was swollen.”

Weaver demanded to know what caused her mother’s injury, and even filed a police report, but to date she has gotten now answers…from anyone, even her mother, who cannot speak. [Read the entire story here]

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There is a short but solid article in a New Jersey paper today addressing the signs of elder abuse. New Jersey attorney Victoria Dalton lays out the real world signs and symptoms of elder abuse, which she defines simply as taking advantage of the elderly.

Physical Abuse

Physical abuse is simply the use of physical force which causes bodily injury, pain or some other type of impairment. It can also include hitting, shaking, slapping, kicking, or pinching. The signs to be aware of include bruises, broken limbs, welts, cuts, burns or marks.

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The Walton Law Firm elder abuse and neglect lawsuit filed against Vista Hospital of Riverside was the subject of a front page story in the Press Enterprise newspaper today.

The lawsuit arises out of the improper care provided to 78-year-old Shirley Buffa, who died after the hospital failed to administer dialysis treatments necessary to treat her diabetes. According to her son, Marine Corp. veteran Robert Buffa, his mother became increasingly sick in the days after she was admitted to the hospital, but the hospital attributed the decline in her health to a reaction to antibiotics. When the mistake was realized, it was too late.

At that point, she couldn’t even talk,” Robert Buffa said. “I said, ‘Mom, I love you. How come you can’t open your eyes?'”

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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.

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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.

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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.

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