Articles Tagged with California elder abuse attorney

james-williams-502481-unsplash-copy-300x225Seniors with Dementia at Increased Risk of Nursing Home Abuse and Neglect in Valley Center 

Older adults in Valley Center who suffer from Alzheimer’s disease or other forms of dementia are at greater risk of becoming victims of nursing home abuse or neglect. The connection between dementia and elder abuse has been relatively well-studied, and an article published in the journal Health Affairs underscores the link between dementia and nursing home abuse, especially in situations of emotional abuse. That journal article reported that, after a literature review concerning elder abuse and dementia, the researchers concluded that “many older adults experienced multiple forms of abuse simultaneously, and the risk of mortality from abuse and self-neglect may be higher in older adults with greater levels of cognitive impairment.”

Are nursing home abuse and neglect risks just as high when seniors are not properly diagnosed with dementia, or when there is a delayed diagnosis? In other words, do symptoms of dementia have to be advanced in order for an elderly nursing home resident to be at greater risk of abuse, or are almost all patients with dementia—even in its earlier stages—at more risk of injury? A recent article in WebMD suggests that “many older Americans with dementia don’t know they have the disease.” Are these individuals likely to suffer injuries as a result of elder abuse or neglect?

josh-appel-423804-copy-300x225Whether nursing home patients reside at a skilled nursing facility in Escondido or elsewhere in California, they now have greater protections against elder abuse and neglect. According to a recent article in the Los Angeles Times, a new California state law requires that patients receive a minimum number of hours of care from certified nursing assistants (CNAs). The law took effect on July 1, 2018, but will patients see an immediate change in the way staffing works at nursing homes across the state? Will staffing increases reduce the rates of nursing home neglect in the state?

Staffing Requirements Stricter, But Will Facilities Meet Those Requirements?

Under the new law, what kinds of staffing requirements are required at nursing homes in Escondido and throughout California? As of July 1, facilities must provide each patient with at least 3.5 hours of direct care every day. This number increased from a previous requirement of 3.2 hours of direct patient care per day. But that change is not the most drastic of the shifts in the law. The significant change is that at least 2.4 of these daily hours of direct patient care must be provided by CNAs.

jorge-lopez-284336-copy-300x200Did you know that a majority of elder abuse cases in Vista and throughout California likely go unreported? According to a report from Calaveras Enterprise, research suggests that “for every case of elder or dependent adult abuse known to agencies, 24 more are unknown.” Crimes against seniors in Southern California more generally are on the rise. The City of San Diego predicts that less than 20% of all incidents of elder abuse and neglect are reported in San Diego County. How can raising community awareness help to increase the rates of nursing home abuse reporting in Vista?

Nursing Home Abuse and Neglect is Vastly Underreported, but Raising Awareness can Help

In short, elder abuse is underreported. According to a report from Kusi News, reports of violent crimes against older adults in San Diego County rose by about 37% between 2016 and 2017. In each California county, more than 300 reports of suspected elder abuse are logged each year. If we accept that, for every single case reported there are 24 more unreported cases, that fact would mean that there are more than 7,000 incidents of elder abuse each year in San Diego County. Each month in California, the state Adult Protective Services (APS) gets more than 15,000 reports of elder abuse in the state, and the California Association of Area Agencies of Aging indicates that the number of reported abuse incidents is slowly increasing.

DSC_0761-300x199Residents of Carlsbad who have an elderly loved one in a nursing home or assisted living facility nearby, or who are currently exploring facilities for a loved one, should know about the risks of elder mistreatment and nursing home abuse. Every year, organizations in California and throughout the country take steps to address the continuing high rates of elder abuse, yet seniors continue to suffer preventable injuries as a result of abuse and neglect.

At the start of 2019, two new elder mistreatment prevention initiatives aim to take different approaches to the problem. We want to discuss these new efforts to detect elder abuse in emergency departments.

Elder Abuse as a Social Justice Issue

alex-boyd-260321-copy-300x200As many Oceanside residents with elderly loved ones know, nursing homes in Southern California and throughout the country have been cited for improper discharges of patients, amounting largely to evictions or the “dumping” of patients. According to a recent article in Skilled Nursing News, reports about such actions have “become a widespread issue—so much so that it is now one of the most frequent complaints made to states’ long-term care ombudsman programs” in California and across the U.S. When elderly patients are evicted from skilled nursing facilities, they can face nursing home abuse and neglect in the facilities where they end up living. At the same time, the mere act of “dumping” patients may in and of itself constitute nursing home abuse or neglect.

In response to these complaints, the Centers for Medicare and Medicaid Services (CMS) “has announced a new initiative aimed at blunting the growing trend of improper discharges at skilled nursing facilities.” Will federal efforts help to prevent the continued evictions of nursing home residents in San Diego County?

Many Patient Discharges Violate Federal Regulations

fabrizio-verrecchia-221046-unsplash-copy-300x200Now is as good a time as any to begin thinking carefully about how citizens can play a role in preventing nursing home abuse and elder neglect in Riverside County. According to a recent article in The Acorn, when seniors see their family members and friends more often, signs and symptoms of elder abuse may be more obvious. Once the holiday season ends, it is important to consider ways of helping ensure the safety and well-being of elderly loved ones. The article points citizens to the California Department of Justice’s “A Citizen’s Guide to Preventing and Reporting Elder Abuse.” The publication continues to provide helpful advice for Valley Center residents, and we want to discuss a few key features of the publication with you.

Why should citizens learn more about preventing elder abuse? As the publication points out, “it may take the courage of a caring family member, friend, or caretaker to take action when the victim may be reluctant.”

Recognize Where Elder Abuse can Occur

casey-horner-353950-copy-153x300What types of safety protections are in place for patients at San Marcos nursing homes? While we recently discussed elder safety investigations in San Diego County, it turns out that facilities across the state of California are not doing enough to protect seniors against nursing home abuse in the first place. In other words, although San Diego County’s investigations may be a model for other regions of the country, the state ranks last when it comes to elder abuse protections designed to prevent abuse and neglect, according to a recent report in WalletHub.

Need for States to Take Steps to Prevent Nursing Home Abuse and Neglect

As the report explains, “elder abuse affects as many as 5 million people per year, and 96 percent of all cases go unreported.” Given that a large portion of the population is currently age 65 or older—and that the population in that age group is expected to almost double by the year 2050—it is particularly important to think about preventive measures so that elder abuse does not occur. While enforcement methods are significant in the shorter term, the goal should be to eradicate, inasmuch as possible, the risks of abuse for seniors living in nursing homes and assisted-living facilities. The report ultimately suggests that the impetus for this needs to be on individual states.

daan-stevens-282446-1-copy-300x191If you have an elderly loved one who currently resides in an Escondido nursing home or assisted living facility (or anywhere else in San Diego County), it is important to properly assess the risks of elder abuse and neglect. According to a recent report from NPR, particularly serious cases of nursing home abuse may go unreported. We know that many seniors sustain severe injuries as a result of nursing home abuse and neglect, and that there are likely many more cases that occur than are reported.

Federal Report Raises Concerns About Severe Cases of Nursing Home Abuse and Neglect

Based on information contained in an alert from the Office of Inspector General in the Department of Health and Human Services (HHS), however, that number might be even higher than some commentators have feared. According to the NPR report, the alert noted that “cases went unreported despite the fact that state and federal law require that serious cases of abuse in nursing homes be turned over to the police.” Investigators with HHS emphasized that the alert was issued in order to demand “immediate fixes.”

rt_k9r80pya-jean-gerber-300x200When a senior in San Marcos suffers injuries as a result of nursing home neglect or elder abuse, family members should know that this might not be a one-time occurrence. A fact sheet from the World Health Organization (WHO) emphasizes that nursing home abuse can be a single occurrence, or it can be repeated. In many situations, older adults are victims of recurrent abuse. What can you do if you are a senior and are being repeatedly victimized by an individual at your nursing home or assisted-living facility, or if you have an elderly loved one who is in this situation? In such cases, an elder or dependent adult abuse restraining order may be able to help.

What is Required for an Elder or Dependent Adult Abuse Restraining Order in California?

According to a fact sheet from the California Courts, an elder or dependent adult abuse restraining order may be able to provide some protection to seniors who are suffering from nursing home abuse or neglect. In order to be eligible for one of these types of restraining orders, the elderly adult who is seeking the order must be at least 65 years of age, and must be a victim of one of the following:

ian-schneider-95541-300x200Residents of Valley Center, California who currently have loved ones in nursing homes and assisted-living facilities in Southern California should take note of a recent study that addresses the impact of elder abuse on the long-term health of seniors. According to a recent study supported by the World Health Organization (WHO) and published in Lancet Global Health, approximately one out of every six seniors experiences some form of elder abuse. As the study clarifies, this is “a higher figure than previously estimated,” and it is only expected to increase as the population of older adults increases. Moreover, the study also suggests that certain types of elder abuse have long-term health effects that have not been sufficiently studied.

Higher Rates of Elder Abuse Among Senior Population Than Previously Reported

The recent WHO study suggests that more than 15% of the elderly population will experience some type of abuse in old age, from nursing home abuse to neglect at an assisted-living facility. As the study highlights, this number is significantly higher than previously estimates of elder abuse. As a fact sheet from the National Council on Aging (NCOA) indicates, experts previously believed that elder abuse occurred in about one out of every 10 seniors, or 10% of the elderly population.