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Articles Tagged with nursing home abuse and neglect

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 

While most of us like to think about the holiday season as a time of joy and getting together with family members and friends, this holiday season is already looking quite different due to the risks of COVID-19 infection. For many nursing home residents, COVID-19 infections can prove fatal, and residents of nursing homes and assisted-living facilities may be at greater risk of getting sick in an outbreak at one of these facilities. As such, many seniors in San Bernardino County nursing homes likely will not have the same guests this year as in years prior. 

In years without a global health pandemic, the holiday season is often one of the best times for family and friends to look for signs of nursing home abuse and neglect while visiting elderly parents and loved ones. Without regular visits during the holidays, seniors could suffer the effects of nursing home abuse or neglect without having any loved ones nearby to help stop the abuse and to help get care. This holiday season, it is essential to recognize that elder abuse and neglect will not simply stop because there is a global health pandemic. It is important to understand the signs of abuse and to check on elderly relatives who could be suffering from serious injuries in San Bernardino nursing homes and assisted-living facilities.

What Should You Know About Elder Abuse in Nursing Homes? 

Nursing home residents in Orange County have a wide variety of rights under California law, which are designed to protect nursing home residents from elder abuse and neglect. Much too often, seniors in skilled nursing facilities in Southern California are still subject to poor care and intentional abuse, and many suffer serious or life-threatening injuries as a result. However, it is still important for older adults and their families to know what their rights are under California law. 

Even if the existence of nursing home residents’ rights are insufficient to prevent nursing home abuse or neglect from happening in the first place, recognizing rights and understanding when they have been violated may allow a senior or her family to take action by filing a claim against the facility or a particular healthcare provider. The following are examples of the resident rights in Orange County nursing homes.

General Residents’ Rights in California Nursing Homes

If you are considering filing an elder abuse claim in Los Angeles County, it is important to understand how much time you have to file a lawsuit. All civil lawsuits have what is known as a “statute of limitations,” which creates a time window for filing a claim. If a plaintiff does not file his or her lawsuit within that time window, the claim can become time-barred. A time-barred claim is one that is barred from being filed because the statute of limitations ran out. In some cases, it can be possible to pause the statute of limitations, which is known as tolling. In the meantime, the following is some important information about the timeline for a nursing home abuse claim.

 
Statute of Limitations for a Negligence Claim

 
Many nursing home abuse and neglect cases are filed as negligence claims under California law. Like many other personal injury lawsuits, the statute of limitations in these cases is two years under Section 335.1 of the California Code of Civil Procure. How does the statute of limitations relate to filing a claim, and when does the “clock” start ticking? In most negligence cases, including claims for injuries resulting from nursing home abuse, the clock on the statute of limitations will start to “tick” on the date of the injury, or the nursing home abuse incident.

eduard-militaru-Q4PvX80itZ0-unsplash-copy-300x200Are changing demographics at nursing homes in Orange County, California impacting rates of elder abuse and neglect in those facilities? According to a recent article in McKnight’s Long-Term Care News, new research considering the effects of the Omnibus Budget Reconciliation Act of 1987 (OBRA 87) is having more of an impact on nursing home demographics than many of us might expect. In short, more nursing homes are admitting patients from hospitals, the diversity of nursing home residents has increased, and the overall percentage of nonprofit nursing homes and other facilities has risen. 

Researchers believe that these shifts should continue as we move into the future, and that they may help to reduce the rate of nursing home abuse and neglect in some instances. The research cited in the article appeared in the Journal of Post-Acute and Long-Term Care Medicine this month. We want to tell you more about the findings.

OBRA 87 was Supposed to Improve the Quality of Care in Nursing Homes

jorge-lopez-284336-copy-300x200If you have an elderly parent or loved one who may soon need nursing home care in San Diego County, it is important to get the facts about skilled nursing care and risks of elder abuse in California. When you get the facts, it is essential to identify the common myths that persist when it comes to nursing home abuse and neglect. An article in Forbes discusses some common misconceptions about elder abuse, and we want to elaborate on those misconceptions to ensure you have the information you need when it comes to choosing a nursing home and identifying signs of abuse or neglect. 

Myth 1: Expensive Nursing Homes are Less Likely to be Places Where Abuse or Neglect Occurs

Nursing home abuse can occur at any facility, regardless of the price tag. Do not be fooled into thinking that the more a nursing home costs, the less likely the chances are of nursing home abuse happening there.

obed-hernandez-592136-unsplash-copy-212x300If 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.”

rt_k9r80pya-jean-gerber-300x200In Valley Center and throughout California, laws are in place that are designed to protect older adults from nursing home abuse and neglect. While elder abuse can occur in a variety of settings, caregivers and staff members are nursing facilities can be held accountable under both civil and criminal law in California. When families are considering filing a nursing home abuse claim against an individual or a facility, it is important to understand how criminal laws in California provide language that can help to define the type of abuse that has resulted in a senior’s injuries. 

A recent article in Valley News discusses basic California law related to elder abuse and neglect, and we want to provide more information about the key definitions and components of those laws.

Understanding Legal Definitions Related to Elder Abuse and Neglect in California

parker-byrd-139348-copy-300x200Whether you have an elderly loved one in a nursing home in Poway or in an assisted living facility elsewhere in California, it is extremely important to know how the facility makes hiring decisions and whether the facility has been subject to elder abuse violations in the past. While even the best and most thorough research may not always uncover risks of nursing home abuse and neglect in San Diego County or farther north in California, background research can help you to avoid selecting a facility for your elderly loved one that has a history of elder abuse. Part of choosing the best nursing home is having access to proper information about facilities and their safety ratings.

 
A recent article in the Fresno Bee discusses an elder abuse case that resulted in a senior’s death. This incident highlights the need for better CMS oversight of nursing home resources.

 
Elder Abuse Results in Fatality at California Assisted Living Facility

brandon-holmes-199535-unsplash-copy-300x200When nursing homes are cited for nursing home abuse and neglect in Poway, how are those citations determined? What can the type of citations a facility has received in the past tell potential residents about the quality of care at the facility?

It can be difficult to find a skilled nursing facility in Southern California that has a strong record when it comes to patient safety and patient care. One clear way to know that a facility has had problems in the past is to look into its citation history. However, nursing home citations can be difficult to understand. While a citation of any sort indicates that there is a problem, the different citation levels, including the most serious of the penalties, do not always clearly indicate by title alone that the facility has been cited for a serious incident of nursing home abuse or neglect. The following will explore these citations and describe the different categories.

Class AA Nursing Home Citations are the Most Serious Citation

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