Our office opens regular office hours during COVID-19 Emergency.

Articles Tagged with California nursing home abuse lawyer

Whether you have an elderly loved one at a nursing home in Riverside County or elsewhere in Southern California, you should learn more about the recent lawsuit filed by the state of California against Brookdale Senior Living. According to an article in Skilled Nursing News, the lawsuit alleges that Brookdale Senior Living Center, a major nursing home operator in the U.S., submitted “false nursing home staffing data to the federal government” and mishandled resident discharges. 

Staffing data is used in part to determine the rating of a nursing home, since understaffing can be a significant indicator of the possibility of nursing home negligence at a facility. When a nursing home does not have sufficient staff to handle the needs of residents, those residents can sustain serious injuries as a result of passive nursing home neglect. The recent lawsuit against Brookdale Senior Living highlights the significance of staffing data, and the need to hold facilities accountable for providing incorrect information that could misrepresent resident safety risks.

Details of the California Lawsuit Against Brookdale

If you are seeking a nursing home in Los Angeles County and you are particularly concerned about risks of elder abuse or neglect at the facility, how can you determine whether you are selecting a nursing home that will provide a high quality of care for your elderly loved one? Families in Southern California and across the country go through this complicated process, and many of them turn to the star rating system provided by the Centers for Medicare & Medicaid Services (CMS). However, a recent investigation by The New York Times demonstrates that the CMS star system is significantly flawed, and it may not provide any kind of accurate picture of nursing home safety in California or elsewhere in the country.

What do you need to know about the CMS star system and the risks of using it to find a safe facility where your elderly parent or loved one will not suffer harm as a result of nursing home abuse?

Investigation by The New York Times Reveals Serious Flaws in CMS Nursing Home Star System

It is critical for families and friends of older adults in Riverside County and throughout Southern California to recognize that nursing home abuse is not simply intentional physical or emotional abuse. To be sure, many serious and fatal injuries in nursing homes result from passive neglect, and caregivers can be responsible. According to a recent press release from California Attorney General Xavier Becerra, a registered nurse (RN) is facing charges related to nursing home neglect and abuse following the death of a 69-year-old female resident at an assisted-living facility in Riverside, California. 

The case underscores that the unintentional failure to provide care in nursing homes or assisted-living facilities can have deadly consequences, and emphasizes the need for families to hold facilities and individual caregivers accountable when their inaction causes serious harm.

Details of the Assisted-Living Facility Death

Nobody should have to learn that an elderly loved one has suffered injuries while living in a San Bernardino County nursing home. Yet injuries and deaths resulting from nursing home abuse and neglect happen much more frequently than most of us would like to think about. When an older adult does suffer serious injuries, or dies as a result of those injuries, it is critical to begin working with a San Bernardino County nursing home abuse lawyer to file a claim against the responsible parties. 

Yet how do you determine who is responsible for a senior’s injuries? Does liability differ when injuries arise out of unintentional passive neglect as opposed to intentional physical or psychological abuse? Every case has its own set of circumstances, so it is essential to determine how to file your claim with help from a lawyer. In the meantime, we want to provide you with general information about some of the parties who could be liable for injuries in a nursing home abuse lawsuit in Southern California.

Nursing Home Staff Members

Elder abuse in an Orange County nursing home can be difficult to identify no matter what form the abuse takes. Yet some types of nursing home abuse are even more difficult to identify than others because they do not have obvious physical signs and symptoms. There are many different forms of nursing home abuse, including physical abuse, sexual abuse, willful deprivation, passive neglect, and psychological or emotional abuse. With many of those forms of abuse, friends or family members might see physical signs, like cuts or bruises, restraint marks, or bedsores. Yet when it comes to psychological abuse, the signs are not always as prominent.

We want to tell you more about psychological abuse, and to encourage you to seek help from a nursing home abuse lawyer if you have suspicions of abuse or neglect affecting your elderly loved one. 

Understanding Psychological Abuse in a California Nursing Home

When you have a loved one in a Riverside County nursing home or assisted living facility, or an elderly family member recently passed away while residing in a skilled nursing facility in Southern California, you might have concerns about whether nursing home abuse or neglect has played a role in your relative’s injuries or death. Most people do not have any specialized knowledge about how to detect elder abuse and neglect. As such, it can be extremely difficult to know whether you should move forward with a claim against the facility, or whether you should report the facility or launch an investigation. 

In short, it can be extremely difficult to know with certainty whether nursing home abuse or neglect has occurred. We want to offer you some information that can help if you are grappling with the complicated question of whether or not to file a nursing home abuse lawsuit in Riverside County.

Ask a Riverside County Nursing Home Abuse Attorney for Help 

The COVID-19 pandemic is causing major disruptions and serious illness concerns in San Diego County and throughout California. Nursing home residents, many of whom are elderly, are not only in a vulnerable age group when it comes to serious COVID-19 infections, but many nursing home residents also have underlying conditions that put them at greater risk for severe infection and even death. To prevent COVID-19 infections in nursing homes, in addition to providing a high quality of care to avoid nursing home neglect injuries, facilities should in theory be improving on the nurse-to-patient ratios required by the state. 

Yet according to a recent article in NPR, the state relaxed its nurse-to-patient ratios in mid-December 2020, which ultimately means that fewer nursing home patients are getting the level of care they need.

Staffing Problems Often Result in Nursing Home Neglect Injuries 

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

Worrying about an elderly loved one in an Orange County nursing home can be stressful and exasperating. When you have suspicions or concerns about nursing home abuse but you are not certain if you have clear evidence of negligence, you may feel unsure about whether you should move forward with allegations against a specific caregiver or against the nursing home or assisted-living facility. Many people find themselves in this situation, and it is critical to remember that the failure to take action can have serious consequences. If an older adult is suffering harm as a result of elder abuse or neglect at a California facility, the consequences can be debilitating and even fatal. 

Ultimately, if you have any suspicions or concerns about nursing home neglect, you should talk with an Orange County nursing home abuse lawyer as soon as you can. In the meantime, we want to provide you with some details about the varied consequences of nursing home abuse, particularly when it goes unreported, in California skilled nursing facilities.

Physical Harm and the Elderly Victim

The COVID-19 pandemic has been devastating for Los Angeles County nursing home residents and for nursing home residents throughout the state of California. Older adults in nursing homes are particularly susceptible to severe COVID-19 infections, and many facilities do not have the type of infection-control measures in place that can effectively prevent the spread of the coronavirus, not to mention the fact that many of those facilities are understaffed and cannot properly serve the patients who are suffering from serious infections. 

According to a recent article in Roll Call, the pandemic and its effects on nursing home residents has led policymakers and safety advocates to seek significant changes to nursing home safety in order to prevent avoidable injuries and deaths caused by nursing home negligence.

Senior Safety Advocates Seek More Funding and Long-Term Changes for Nursing Home Safety

Contact Information