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Articles Tagged with California elder abuse attorney

Overmedication has been a problem for years at nursing homes in San Bernardino County and throughout Southern California. Not only are many nursing home patients on too many drugs that can cause harmful interactions with one another, but many nursing home residents are currently taking antipsychotic medications that they may not need. Overmedication, or unnecessary rates of drugging, can have extremely harmful consequences and may lead to nursing home neglect cases. According to a recent article in The New York Times, more than 20 percent of nursing home residents across the country are currently taking antipsychotic drugs, and many of them may not actually need these medications.

What should you know about overmedication or over-drugging at nursing homes in Southern California and the connection to nursing home negligence?

Antipsychotic Drugs are Extremely Dangerous

Whether you have an elderly loved one in a Riverside County nursing home or in a skilled nursing facility elsewhere in Southern California, it is critical to be aware of signs and symptoms of elder abuse and neglect. While family members and friends should not have to be the ones to spot warning signs of abuse or neglect, they are often the only ones who do. This kind of problem, highlighting the negligence of various facilities, is often particularly notable in situations in which seniors at nursing homes ultimately require emergency treatment at a hospital due to neglect at the nursing home. 

Indeed, according to a recent article in Reuters, a new report from the U.S. Department of Health and Human Services indicated that “California did not ensure that nursing facilities reported potential abuse or neglect of Medicaid beneficiaries transferred from nursing facilities to hospital emergency rooms.”

Nursing Homes are Supposed to Report Abuse and Neglect

Nursing homes in Riverside County and throughout Southern California have been on high alert for COVID-19 infections among residents, given that the coronavirus causing this infection can spread rapidly in skilled nursing facilities and can cause severe infections among older adults. Yet many nursing homes continue to be ill-equipped when it comes to keeping residents safe and free of infection. Given that so many safety advocates have turned their attention to the spread of COVID-19 in California nursing homes, some facilities have been able to implement infection-control measures to help prevent the spread of COVID-19 and to make sure that residents are transported to hospitals as quickly as possible when they show signs of severe symptoms. 

However, according to a recent article from NPR, nursing homes may be encouraging the spread of COVID-19 by hiring nursing home workers that travel from one facility to another. Indeed, according to the article, “staff who work in multiple nursing homes” may in fact be the “source of the spread of infections” in a number of nursing homes to date. When COVID-19 spreads as a result of staff members traveling from facility to facility, what safety requirements must skilled nursing homes implement? Can these facilities be held accountable for nursing home negligence if they do not take additional steps to prevent COVID-19 infections when they employ staff members who work shifts across multiple different nursing homes?

Recent Study Suggests Nursing Home Staff Members Could be Spreading COVID-19 Infections to Patients

Prior to the start of 2020, nobody was considering the ways in which a global pandemic could impact a senior’s risk of suffering injuries as a result of nursing home abuse and neglect. Yet the coronavirus pandemic has, for many older adults, made things worse. According to a recent article in MarketWatch, the pandemic has meant that “many older adults have become more vulnerable” and are suffering harm that otherwise could have been prevented.

 
Whether you currently live in a nursing home in San Bernardino County or have an elderly loved one in a skilled nursing facility in Southern California, it is essential to learn more about elder abuse risks during the pandemic and what can be done to mitigate them.

 
Facilities Refusing to Allow Residents to Reenter

When you have an elderly parent in a Los Angeles County nursing home or another loved one receives daily care in a skilled nursing facility in Southern California, it is essential to understand the rights that an older adult has under California law, and how a dangerous facility can be held accountable for resident injuries. Given that so many nursing home residents are contracting COVID-19 as a result of poor infection-control measures and policies in nursing homes across the country, and many seniors are dying from COVID-19 infections in California skilled nursing facilities, it is important for all Los Angeles County residents to know more about protections under state law.

The primary law that protects nursing home residents and provides a remedy for safety violations is the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). We want to provide you with some frequently asked questions and answers about this law.

What is the EADACPA Designed to Do?

Anyone in Los Angeles County who has a loved one with dementia in a nursing home should learn more about a recent study concerning a drug that purports to reverse the effects of this disease. While nursing home abuse and neglect in Los Angeles County can affect any senior regardless of any existing health issues, older adults who suffer from Alzheimer’s disease and other forms of dementia can be particularly vulnerable to elder abuse. According to the Alzheimer’s Association, “people with dementia are especially vulnerable because the disease may prevent them from reporting the abuse or recognizing it.” Moreover, seniors with dementia “also may fall prey to strangers who take advantage of their cognitive impairment.” 

According to a recent press release from the University of California, researchers at UC Berkeley recently published a study that suggests certain drugs may be able to “slow or even reverse the cognitive decline that comes with age.” By reversing the effects of dementia, it could be possible to reduce the rate of nursing home abuse that occurs. We want to tell you more about the recent study and to discuss its implications.

Reducing Brain Inflammation May Reverse Signs of Dementia

jorge-lopez-284336-copy-300x200If you are seeking out a nursing home for an elderly loved one in Orange County, it can be difficult to identify a facility that has a strong history of complying with safety regulations and providing quality care for patients. While you might think that a more expensive nursing home is less likely to engage in hiring practices that could lead to injuries caused by nursing home abuse or neglect, the price of a nursing home is not necessarily indicative of its quality. Even expensive nursing homes can have safety citations and histories of nursing home abuse injuries. According to a recent article in McKnight’s Long-Term Care News, the Centers for Medicare and Medicaid Services (CMS) has plans to update its “Nursing Home Compare” information to include an “abuse icon” that will alert potential patients and their families to dangerous histories of abuse and neglect. 

CMS Data Update Will Add an Abuse Icon

Currently, potential nursing home residents and their families can access information about nursing homes from the CMS “Nursing Home Compare” website. The website allows consumers to compare multiple nursing homes, assessing CMS ratings for those facilities and other important information that can illuminate whether the nursing home is a good fit. Yet that data can be difficult to navigate, especially for individuals and families who do not have experience analyzing detailed information about nursing homes. In order to make it easier to assess these facilities and to learn whether the facility has a recent history of abuse, CMS will be adding an “abuse alert icon.”

brandon-holmes-199535-unsplash-copy-300x200Whether you have a loved one who currently resides in a nursing home or an assisted-living facility, or if a former neighbor or co-worker lives in a nursing facility and you visit regularly, it is important to know how to spot signs of nursing home abuse and neglect. Yet simply being able to identify possible symptoms of elder abuse is only the first step. If you do not have any familiarity with the legal system or the health care system in San Diego County, it can be difficult to know what to do once you have concerns about elder abuse. This is particularly true if you do not know the senior well and want to help, but you do not know where to turn. 

The Administration for Community Living (ACL) and the California Institute on Aging provides information about identifying and reporting elder abuse and neglect, and we want to discuss some of those steps and options with you below.

When You are Worried About an Emergency Situation

josh-appel-423804-copy-300x225If you are in the process of looking for a nursing home or assisted-living facility in Los Angeles County for a loved one, it can be difficult to know how to choose the best facility and how to assess the risks of nursing home abuse at a particular place. Given that nursing home abuse and neglect can happen in some of the most seemingly luxurious and upscale facilities, it is important to keep in mind that the cost of care alone is not necessarily a predictor of senior safety in the facility. However, according to a recent article from Reveal News, a study conducted by The Center for Investigative Reporting suggests that one clear indicator of safety issues in a nursing home or assisted living facility may be the way the facility treats its workers.

In short, “operators of senior . . . homes that violate labor laws and steal workers’ wages . . . often also endanger or neglect their residents, sometimes with dire consequences.” We want to say more about the study and to discuss ways of identifying potential safety concerns in nursing homes.

U.S. Department of Labor Cases and Nursing Home Abuse Reports in California

paolo-bendandi-s8Wrjl8-AeY-unsplash-copy-300x197When we think about nursing home abuse and neglect in San Clemente, we often think about the role that healthcare providers and nursing facility staff members play in perpetrating elder abuse or failing to take proper care of an elderly loved one. While elder abuse certainly occurs in nursing home settings due to abuse and neglect perpetrated by employees of the facility, it is also important to keep in mind that many elder abuse injuries occur because of a family member’s behavior. According to a recent study reported in Physician’s Weekly, elder abuse is perpetrated most often by family members—both family members who serve as caregivers and family members who otherwise have regular contact with seniors.

Elder Abuse and Family Members: What the Recent Study Says

The recent study on elder abuse sought to determine what type of person is most commonly responsible for perpetrating abuse. The study was conducted by a team of researchers led by Dr. Gali H. Weissberger at the University of Southern California in Alhambra, and it was published in the Journal of Applied Gerontology. Dr. Weissberger and the other researchers relied on data from the National Center on Elder Abuse (NCEA) resource line from 2014 through 2017. The analyzed nearly 2,000 calls that came into the resource line, concluding that “42.2% involved alleged abuse,” and in nearly 47% of those cases involving abuse, “the most commonly identified perpetrators were family members.”

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