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

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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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A study of bed sore rates in nursing homes with a high concentration of Hispanic residents found that Hispanics were more likely to have bed sores (or pressure ulcers) than nursing homes with less Hispanic patients. The researchers looked at two data sources, the Minimum Data Set, federally mandated health evaluations required for every patient, and the Oscar database, a collection of health information of nursing home residents.

“A systemic evaluation of the difference in the process of care between high- and low-quality nursing homes is warranted in order to reduce nursing home disparities,” said Michael Gerardo, adjunct assistant professor at Brown University.

Only nursing home residents living in free-standing nursing facilities in Arizona, California, Colorado, New Mexico, and Texas were included in the study.

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Elder Abuse and Neglect: On February 26, 2009 the Department of Health & Human Services, Center for Medicare & Medicaid Services released the results of the most recent survey of Vista Hospital of Riverside, located in Perris, California. The results reveal shocking examples of neglect.

The California Department of Public Health, the agency charged with surveying the facility for Medicare, reported “serious deficiencies.” As a result, the Department of Health & Human Services determined that:

“the deficiencies, either individually or in combination, substantially limit the hospital’s capacity to render adequate care to patients or are of such character as to adversely affect patient health and safety . . .”

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For the fourth congress in a row, a bill designed to protect seniors from elder abuse has been reintroduced. Sen. Orrin Hatch, R-Utah, and Blanche Lincoln, D-Ark, submitted the bill with the goal of protecting elderly Americans from physical, financial, and psychological abuse.

The bill would order the federal government to collect data on elder abuse; penalize failure to report abuse in long-term care facilities; provide Adult Protective Services grants with $100 million annually for four years; and create a council to coordinate federal, state and local response to elder abuse.

Hatch noted that more that 500,000 elderly Americans are subject of domestic elder abuse, and that the government currently spends almost $7 billion a year on child abuse, but only $163 on elder abuse. He stated that the growing number of elders demands that action be taken.

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The Ombudsman Services of Northern California, an organization dedicated to creating a corps of compassionate advocates for residents in long-term care facilities believes that state budget cuts to its ombudsman program will lead directly to an increase in cases of elder abuse and neglect.

This year the organization, which tracks approximately 1,600 nursing homes and assisted-living facilities, lost two-thirds of its staff due to shortfalls in the state budget. According to Joan Parks, nursing facilities are already taking advantage of the lack of oversight.

“Our monitoring in these homes was seen as a form of prevention,” Parks said.

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In increasing numbers, young and middle-aged mentally ill patients are being housed with older people in nursing homes. It has proved to be a dangerous practice for older residents. The younger, stronger, mentally-disturbed residents have lashed out at the older, frailer residents who often are defenseless against the attacks. Sons and daughters of the elderly victims of attacks are left wondering why their loved ones were not protected better.

In the past seven years, there has been a 41 percent increase in the number of mentally ill patients housed in nursing homes, which as led to a correlated increase in peer-on-peer physical abuse. The reasons for the increase are multi-fold, including the fact that states have failed to provide adequate facilities for the mentally ill. It is also financially advantageous to house the mentally ill and the elderly together. But while it may make financial sense, it puts the elderly at risk and inadequate measures have been taken to protect the elderly.

Under state and federal law, nursing home residents are guaranteed freedom from physical abuse. At Walton Law Firm LLP, we have represented victims of violent attacks in nursing homes. These attacks are often a result of negligence on the part of the facility including a failure to provide adequate staffing. If you have questions about the care of your loved one in a nursing home, please contact Walton Law Firm LLP for a free and confidential consultation.

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Every year the typical nursing home will report approximately 1.5 falls per bed, and most falls go unreported. In fact, studies show that 75% of nursing home residents will fall at least once in a year, and nearly one-third of those involve a resident who is deemed non-ambulatory. Sadly, approximately 1,800 people living a nursing facility die every year due to a fall.

Can falls be prevented? Yes, and they should be. With proper care planning, many if not most falls can be prevented in the skilled nursing setting. For example, each resident must be accurately assessed on a regular basis for risk of falling, and when there is a fall, proper assessment must be performed to determine the cause of the fall, and how another might be prevented in the future.

In addition, physical changes in the nursing home can help prevent falls, including the placement of grab bars, lowering beds, and raising toilet seats. Bed alarms can also prevent a fall in a resident who is a known risk.

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Escondido Nursing Center received the state’s most severe citation – a AA – after the choking death of an elderly resident. According to reports, the 180-bed facility failed to modify the resident’s nutrition plan after his physician placed him on a special diet because of chewing and swallowing difficulties. During lunch on November 30, 2008, the resident suffocated when food got stuck in his wind pile. He had been given beef and carrots.

Class AA citations are relatively rare in California, with only about 20 being issued annually. In our view, this isn’t enough. As nursing home abuse and neglect attorneys, we have investigated numerous horrendous cases of neglect similar to this one (actually, many are worse), where an investigation is completed by the California Department of Public Health and no citation is issued. This may be a good sign that the new leadership at CDPH is changing the culture and encouraging the department to be more willing to enforce California state law as the people expect.

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U.S. News & World Report is out with an article on the common problems found in U.S. nursing homes in an interview with attorney Eric Carlson, author of 20 Common Nursing Home Problems. As a nursing home abuse lawyer, I found the article enormously helpful; particularly the answer to the first question, which I think is the most important:

What can consumers do to best protect themselves up front?

Be aggressive about questioning a prospective home about staffing and staff training. A nursing home generally receives $4,000 to $9,000 a month for the care of one resident, so it should be responsive to both residents and potential customers. Talk to residents and visitors without nursing home staff hovering nearby. Visit several times, at different hours and on different days. Make at least one visit at mealtime. Examine inspection reports. Each nursing home that accepts Medicare or Medicaid payment is inspected approximately once a year. And the National Citizens’ Coalition for Nursing Home Reform offers a consumer guide to getting good care in a nursing home.

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Many nursing homes are now marketing themselves as “rehabilitation” facilities in an effort to attract the ideal resident: one who stays under 100 days then goes elsewhere. Why? Because Medicare provides lucrative fees for skilled nursing care. It is not uncommon for nursing homes to discharge residents, often prematurely, when the Medicare benefits end.

Most people are unaware that when Medicare coverage ends, a resident who needs skilled nursing care has a right to stay, either by paying privately, or qualifying for Medi-Cal coverage. Under Welfare and Institutions Code section 14124.7, no nursing home that accepts Medi-Cal payments can evict, or transfer within a facility, any person who changes the manner of paying from private or Medicare to Medi-Cal.

For more information on discharge and transfer rights in California nursing homes, see the fact sheet provided by California Advocates for Nursing Home Reform.

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