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Articles Tagged with California nursing home abuse lawyer

Nobody wants to think about the risks of injury that an elderly loved one could face in a nursing home or assisted living facility in Riverside County. Yet nursing home negligence and elder abuse and neglect are more common than you might expect. As a result, seniors in nursing homes and residential care facilities for the elderly (RCFEs) sustain injuries that could have been avoided with proper care. How can you prove that the facility is responsible for a resident’s injuries? And what type of evidence can be used in a Southern California nursing home negligence lawsuit? Our experienced Riverside County nursing home neglect lawyers at our firm can provide you with more information.

Understanding the Elements of a Nursing Home Negligence Case

First, in order to prove liability in a nursing home negligence lawsuit, you should know that you will need to prove the elements of a negligence claim. While the specific and detailed elements of your case will be based on the circumstances and facts surrounding your elderly loved one’s injuries, the following are the general elements of a negligence claim in California:

Southern California experiences year-round high temperatures, but the summer months can be particularly intense in Orange County. People of all ages can experience heat-related injuries due to exposure, but older adults can be particularly susceptible to heat-related injuries as a result of their increased susceptibility to dehydration and health complications. It is critical for nursing homes to take steps to prevent heat-related illnesses and injuries, monitor patients for signs of heat-related illnesses and injuries, and take immediate action when a resident shows signs of a heat-related illness or injury. When a nursing home resident does experience an injury as a result of the heat, the nursing home could be negligent. You should get in touch with an experienced Orange County nursing home neglect lawyer who can help you with your case.

Recognizing the Signs of Heat-Related Illnesses and Injuries

Heat-related illnesses and injuries can range from mild to severe, and they can affect older adults in serious ways. As the Mayo Clinic explains, dehydration is especially common among the elderly when they do not drink enough water or experience exposure to high temperatures. There are a few reasons for increased susceptibility to dehydration and heat-related illnesses among seniors, including the fact that “older adults naturally have a lower volume of water in their bodies,” and older nursing home residents frequently take medications that place them at greater risk of dehydration and heat-related illness during heat waves. 

Nursing home restraints in Los Angeles County and throughout the state of California can only be used in certain circumstances, and they are generally not appropriate in cases where a lack of restraints would be sufficient to provide a nursing home resident with the care they need. If you have an elderly loved one who was physically or chemically restrained in their nursing home, it may be possible to file a nursing home abuse claim. Our Los Angeles County nursing home neglect lawyers want to provide you with more information about restraints and when they cannot be used for residents of skilled nursing facilities.

Understanding Physical and Chemical Restraints

Generally speaking, there are two types of restraints that can be employed in a nursing home setting — physical restraints and chemical restraints.

Currently, when nursing homes in Orange County and elsewhere in the country receive payments from Medicaid, they are able to spend the payments on facility maintenance, operations, and even toward profits. According to a recent article in California Healthline, newly proposed legislation could change that, requiring nursing homes in California to spend those Medicaid payments on patient care alone. There are currently about 15,500 nursing homes in the United States, and the article underscores that the Biden administration is considering making this change for all nursing homes nationwide. In the meantime, however, California lawmakers are considering making the change across the state. 

A bill that is currently being considered “would require nursing homes to spend at least 85% of revenue from all payers on direct care for residents.” What do you need to know about potential changes and how they could limit nursing home abuse injuries in Southern California? 

Pandemic Has Changed the Way Many Think About Nursing Home Safety

Whether you have an elderly loved one in a nursing home in Riverside County or elsewhere in Southern California, it is extremely important to pay attention to signs and symptoms of nursing home abuse or neglect. Yet family members and friends alone should not bear the immense responsibility of identifying indicators of abuse or nursing home negligence. Rather, state laws should be in place to protect seniors at skilled nursing facilities from injuries resulting from intentional abuse and passive neglect. According to a recent article in the Los Angeles Times, California lawmakers “are considering several proposals” aimed at making facilities safer, “including changes to nursing home licensing rules.”

Assembly Bill 1502 Would Prevent Nursing Home Owners From Operating Without a License

Did you know that it is actually possible for a nursing home operator to buy a skilled nursing facility and even to run a nursing home in the state of California without obtaining a license to do so? According to the article, the process has been described as “backward and unique to the state.” Indeed, according to California state Assemblyman Al Muratsuchi, “in California, nursing home owners and operators can operate without a license even after they have been denied a license.” As a result, Muratsuchi explained, “many of these owners and operators have, unfortunately, an extensive history of neglect and abuse.”

While most residents of San Diego County who have loved ones in nursing homes are not thinking about risks of dehydration when they worry about elder abuse and neglect, it is important to know that dehydration is a serious issue that can lead to severe and life-threatening harm. Much too often, nursing home residents become dehydrated and suffer serious harm because employees at the facility failed to provide a reasonable level of care. Indeed, according to an article in Reuters, “people in nursing homes are more likely to be dehydrated than elderly people living in the community.” 

What do you need to know about dehydration risks in nursing homes in San Diego County? Consider the following when you are looking for a facility for a loved one or assessing a loved one’s risk of injuries in a skilled nursing facility in Southern California.

Common Causes of Dehydration in Nursing Homes

Nobody should ever have to fear that an elderly parent or relative is being subjected to physical or emotional abuse in a nursing home, or that a loved one is experiencing pain and suffering because of neglect in a skilled nursing facility. Given that nursing homes want to make money and want to keep patients at their facilities, it can often be difficult to get a straight answer from a facility when you have concerns about abuse or neglect. If you are concerned about abuse in your parent’s nursing home, what should you do?

Understand the Signs of Nursing Home Abuse in its Varied Forms

First, be sure you know some of the common signs of nursing home abuse and neglect, recognizing the nursing home negligence can take many different forms. The National Council on Aging (NCOA) cites some of the following as common indicators of abuse or neglect:

Psychological and emotional abuse happens much too often in nursing homes in Orange County, and it is important to hold the facility accountable for any harm it has caused. In order to file a nursing home abuse claim arising out of psychological abuse, it is important to understand more about this type of abuse and how it shows up in patients. The following are five things you should know about psychological and emotional abuse in Orange County.

  1. Psychological or Emotional Abuse is a Form of Nursing Home Abuse

While psychological or emotional abuse does not involve the infliction of physical pain, or the deprivation of food or medical care, it is certainly a form of nursing home abuse that happens more often than many people might think. The National Council on Aging (NCOA) explains that it can involve verbal assaults, threats, harassment, intimidation, or behaviors designed to embarrass an elderly nursing home resident. 

Newly proposed legislation in California is designed to end so-called “zombie” licenses for nursing homes in Orange County and throughout the state. What are zombie licenses when it comes to nursing homes? According to a recent article in the Times of San Diego, the California Department of Public Health has indicated that it does not have the authority to “disqualify owners and operators [of nursing homes] who are already in operation in the state,” which means that nursing home chains can acquired properties without obtaining a license first. As such, even nursing home chains or owners with histories of safety and health violations can operate nursing homes without being required to meet certain benchmarks first or to qualify for a license to operate a facility.

California Assembly Bill 1502 is designed to stop this practice from continuing and to ensure that owners of nursing homes obtain licenses before they are able to acquire or operate a nursing home in the state. Our Orange County nursing home abuse lawyers can tell you more about the pending bill.

Nursing Home Reform in California and Details of Assembly Bill 1502

Hip fractures can happen almost anywhere in Riverside County when an older adult falls or slips, but hip fractures can be particularly common in nursing home settings when seniors do not have proper care or when facilities fail to maintain the premises in a manner that is safe for its residents. While hip fractures often heal fully when they occur in younger people, a hip fracture in an older adult can be devastating. Indeed, hip fractures in the elderly can have disastrous consequences, resulting in decreased mobility and the need for care for the rest of a person’s life. 

Our Riverside County nursing home neglect lawyers want to provide you with more information about hip fractures among older adults in Riverside County nursing homes.

Hip Fractures Happen Most Often Because of Falls

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