California Nursing Home Abuse Lawyer Blog

San Diego Elder Abuse Lawyers Discuss Importance of Seeing the Signs of Self-Neglect

Mon, 14 May 2012 04:26:10 -0800

Self-neglect often can be a sign of San Diego elder abuse or neglect. Self-neglect typically occurs when adults cannot or do not take care of themselves properly, according to a recent article in the San Diego Union-Tribune, but it also may indicate a caretaker’s negligence. Generally unsanitary conditions of residents or of a California nursing home or assisted living facility should not be tolerated. Under California law, all nursing home residents are entitled to a safe, clean, and comfortable home-like environment, and friends and family members of elderly residents should make sure facilities are keeping up their hygienic standards.

Sometimes it can be difficult to believe that an elderly loved one is not taking care of himself or herself. Signs of self-neglect may include not eating or drinking, failing to buy food, missing doses of medication or taking too much, not going to the doctor, and refusing or forgetting to bath or dress. Self-neglect can put vulnerable seniors at risk of serious injury or illness, including hospitalization. According to the San Diego Union-Tribune, research shows that the risk of self-neglect increases when an older individual has cognitive impairments or mental health problems, chronic health problems, uses alcohol, lives alone, or has fewer perceived or actual financial or social resources.

Our San Diego elder abuse attorneys know some of these examples also can be signs of depression, which can occur when an elder is being neglected or abused by a caretaker. It is crucial for family members to be on the lookout for these signs and to visit nursing facilities prior to admitting seniors, as well as to make regular visits once a loved one is residing at a facility. Remember, you have the right to ask staff members questions about a facility’s policies or cleanliness and to voice any concerns.

If you are concerned that a loved one is engaging in self-neglect, California’s Adult Protective Services has a call center that offers help locating resources for older adults and takes reports of self-neglect and elder abuse. The call center can be contacted at (800) 510-2020. It also may be helpful to arrange for other resources to assist your loved ones if necessary such as Meals on Wheels or in-home caretaking services.

The California Department of Health Services has generated a nursing home resident’s Bill of Rights that lays out the various rights seniors enjoy when living at a residential facility. It can be viewed here. All nursing home residents have the right to be free from abuse, including physical, verbal, sexual, and psychological abuse. Although self-neglect may be a sign that your loved one is struggling to take care of himself or herself, it could also be a sign of serious neglect. Our Orange County nursing home abuse lawyers have spoken with many families concerned about the care their elderly loved ones are receiving. We understand how important it is for California families to educate themselves about nursing home abuse and neglect. Please know that our professionals are also here to help in any way we can.

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AARP Joins Lawsuit Against California Nursing Home Over Antipsychotic Drug Use

Mon, 07 May 2012 13:42:46 -0800

The debate about the use of strong antipsychotic drugs to chemically restrain elderly patients, particularly those who suffer from Alzheimer’s and dementia, continues, and advocates opposing the overuse of medications to subdue seniors have a powerful new ally, the AARP. The phrase “chemical restraint” refers to the practice of unnecessarily drugging patients to restrict their freedom of movement or to sedate them. Our San Diego nursing home abuse lawyers have spoken with many families concerned with the care their loved ones are receiving, so we understand the justifiable outrage of family members who learn that loved ones may have been drugged not for medical reasons, but as a control mechanism.

Elderly patients suffering from Alzheimer’s disease and dementia tend to be targets of chemical restraints because they frequently exhibit a variety of behavioral problems. Although valid reasons to treat patients with antipsychotic drugs exist, negligent caretakers sometimes take the easy way out, reducing their patients to a virtual zombie-like state with non-medically necessary drugs to control and subdue them.

But elder advocates are taking a stand against such abuse, reports the Ventura County Star. The AARP has joined forces with others suing a Ventura nursing home accused of using powerful drugs without the informed consent of residents or family members. The class-action lawsuit alleges the nursing facility circumvented California laws regulating the use of antipsychotic drugs. North County elder abuse attorneys know state law requires California nursing homes to verify that a doctor has received a patient’s or family member’s consent before administering antipsychotic drugs, but the lawsuit asserts the nursing home failed to do so.

The lawsuit also alleges that Dr. Gary Proffett, a well-known Ventura County physician, regularly relied on California nursing homes to obtain consent from patients rather than doing it himself as the law requires.

The lead plaintiff in the nursing home abuse lawsuit is Kathi Levine, daughter of Patricia Thomas, who suffered from Alzheimer’s and was admitted to Ventura’s Community Memorial Hospital in 2010 after being injured in a fall. Ms. Levine’s 79-year-old mother was later transferred to Ventura Convalescent Hospital, and Dr. Proffett was assigned as her physician. When Ms. Levine’s mother was discharged three weeks later, she discovered her mother was taking a long list of antipsychotic drugs, even though Ms. Levine had not provided her consent and had no knowledge of the prescriptions. Ms. Levine reportedly said, “We have to be our parents’ voices, especially with Alzheimer’s. They can’t speak for themselves.”

Ms. Levine’s mother died approximately two months after her admission to the hospital and subsequent treatment with multiple powerful antipsychotic medications. The lawsuit alleges the drugs played a role in her deterioration. Additionally, the California Department of Public Health has cited the Ventura nursing home for using unnecessary drugs.

Dr. Proffett (who is being sued in a separate case) claims relying on nursing homes to obtain consent from patients was a routine practice for doctors. That is, until the California Department of Public Health issued guidelines in January 2011 emphasizing the importance of obtaining consent and allegedly changing that standard. Yet those of us working in San Diego nursing home abuse know the law has not changed. California law (then and now) mandates that doctors must obtain informed consent from patients, barring a medical emergency.

Senior counsel for AARP Foundation Litigation, Kelly Bagby, said it well: “There’s a sense that because a person is in a nursing home, they automatically consent to have these drugs administered to them. That’s patently ridiculous.”

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Cameras Installed in Elderly Patient Rooms Creates Controversy Over Safety and Privacy

Mon, 30 Apr 2012 11:49:11 -0800

A California health care facility has undertaken a controversial move, reports San Diego 10 News. The Vista Gardens facility, a home for Alzheimer’s and dementia patients, recently installed surveillance cameras in patient rooms. The home claims the cameras are meant to protect patients specifically suffering from memory loss. Our San Diego elder abuse lawyers know many families worry about the safety of their loved ones living in long-term residential facilities. The home’s $200,000 worth of surveillance cameras protect “those who can’t report for themselves and need monitoring or safety measures,” stated Dr. Jacqueline Dupont of Vista Gardens.

Vista Gardens is a posh facility that includes a number of amenities such as a sports bar, spa, and putting green. It is family owned and operated. Owner Don Crowell explained that the cameras, which currently are not operational, serve a two-pronged function because they protect both the residents and the caregivers. “‘Two different things can happen,’ said Crowell. ‘Somebody has been abused or somebody may think they’ve been abused and they haven’t.’”

Under California law, cameras can be used to monitor residents in common areas such as hallways or dining facilities. For the moment, the cameras installed in patient bedrooms must remain off, according to the California Department of Social Services. One elder advocate stated the cameras in patient rooms are designed to be used as a “look back,” and are appropriate if used in that way. This means the cameras would be rolling, but no one would monitor them in real time. The film would only be reviewed if a problem were raised. However, an appropriate balance must be found between health and safety, and the patient’s right to privacy, said the State Department of Social Services. Michael Weston, spokesman for the California Department of Social Services, said he expects there to be decision regarding the use of cameras in private living areas of licensed community care facilities within the next few months.

The attorneys at the Walton Firm realize that surveillance cameras can provide invaluable evidence in a San Diego or Orange County nursing home abuse lawsuit. In fact, video footage often can mean the difference between catching a predator red handed and never being able to prove that negligence occurred or that a crime took place. (To read a prior post regarding the importance of surveillance footage in an elder abuse case, click here.) But we also understand there are many reasonable objections and potentially negative aspects to the controversial action taken by the Vista Gardens facility.

Aside from patient privacy, a valid concern, the use of video surveillance in nursing homes could cause other problems. For example, many facilities try to cut costs via understaffing, which frequently leads to San Diego nursing home neglect and abuse. Consistent and regular contact with and care from competent staff is crucial to good elder care. If nursing homes are permitted to place video cameras in patient rooms, many facilities might be tempted to use video surveillance to monitor patients instead of employing the appropriate amount of qualified staff.

Before California allows cameras in elderly patients’ rooms, many different factors must be considered, and we must ensure that our state’s seniors are receiving the best care and attention possible.

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Family of Deceased Man Files “Quality of Care” Suit Against Retirement Facility

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Family of Deceased Man Files “Quality of Care” Suit Against Retirement Facility

Mon, 23 Apr 2012 12:58:30 -0800

A lawsuit has been filed against a Redlands retirement facility for allegedly failing to provide the quality of services promised to an elderly resident, reports the Redlands Daily Facts. The complaint also alleges the facility, Mission Commons Retirement Residence, is not staffed or operated in compliance with California law. Our San Bernardino elder neglect lawyers work with families in many surrounding communities and often hear from families that are concerned about the care their loved ones are receiving in California nursing homes and long-term care facilities. It is natural to have such concerns, and while we cannot endorse any one way to locate an appropriate facility, we do recommend doing as much research as possible on the nursing homes in your area and making site visits to those facilities.

According to the lawsuit against the Redlands retirement home, former resident Jack K. Hanson, Sr. lived at the independent and assisted living facility from June 2009 until his death in April 2011. His family says that residents at the facility do not receive the quality of services they pay for. Initially, Mr. Hanson paid $5,000 per month to live at the facility. In exchange, Mission Commons Retirement Residence promised to provide care that complied with California law and the level of care described in its “Admissions Agreement,” which was signed by both parties.

When he first entered the facility, Mr. Hanson was part of Mission Commons’ independent living facility. However, as his condition worsened, his family agreed to pay more money, $5,500 a month, to move him to another part of the facility with the promise of better care. The complaint, filed in the Los Angeles County Superior Court, claims the elderly man suffered a fracture and pressure sores due to the negligent care he received. Those injuries, as well as general neglect, allegedly led to the man’s death.

The agreement between Mr. Hanson and the Redlands facility stated the facility would provide timely assistance in residents’ dressing, grooming, bathing, and other personal hygiene needs, as well as assistance with taking medication and monitoring of food intake. The family alleges none of this was done and that the facility failed to provide them with status reports regarding the man’s condition, including the advancement of his Parkinson’s and dementia.

A California nursing home abuse attorney filed the suit on behalf of Hanson’s family. Apparently, the living conditions and hygiene at the facility were sub-par. The man was allegedly left alone for hours with soiled clothing, spending long stretches of time in his own waste.

Specifically, the complaint alleges violations of California’s Consumer Legal Remedies Act and of the Business Professions Code. The Consumer Legal Remedies Act is intended to protect consumers and to provide them with an avenue through which to pursue legal remedies if they do not receive the services for which they contracted and paid.

The Walton Law Firm takes San Diego elder abuse and neglect very seriously, and we are recognized as a leading law firm in this area of law. If you are concerned that a loved one is suffering from California nursing home abuse, please contact a qualified professional today.

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Highest Court Rules Binding Arbitration Clauses Valid in Nursing Home Agreements

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Highest Court Rules Binding Arbitration Clauses Valid in Nursing Home Agreements

Tue, 17 Apr 2012 06:52:16 -0800

Deciding how to care for an aging loved one likely will be one of the most difficult and emotional decisions you will ever have to make. Our North County nursing home lawyers know that caring for aging family members can cause an enormous amount of stress and emotional turmoil. For example, there often are many daunting tasks involved in caring for an parent, including: taking over a parent’s finances, making medical appointments, navigating through a maze of insurance coverage and claims, and even finding space in your home or locating an appropriate long-term care facility. Unfortunately, a recent Supreme Court opinion may make selecting a nursing home for your loved one even harder.

According to a new high scout decision, nursing homes may freely use binding arbitration clauses in their contracts with residents. Such agreements bar elder abuse victims and their families from suing in court, even in cases involving the most egregious and extreme instances of abuse or neglect. The decision, Marmet Health Care Center, Inc. v. Brown (2012), overturned a ruling by the West Virginia Supreme Court, which allowed families to bring lawsuits against nursing homes despite the existence of binding arbitration agreements. Plaintiffs in three wrongful death suits against West Virginia nursing homes sought compensation despite the fact that they or their loved ones had signed an agreement to settle disputes in arbitration, instead of courts, when seeking to admit their loved ones to a nursing home. As is often the case, such binding arbitration clauses typically are buried in contracts and most people do not understand the implications of agreeing to them. Agreements containing binding arbitration clauses could even be one of many pages included in a pile of paperwork required by a nursing home prior to the admission of a new resident.

The Court’s decision was based on the 1925 Federal Arbitration Act, a law providing businesses with almost unlimited power to include arbitration clauses in contracts. The problem with arbitration is that it puts too much power in the hands of businesses, which typically do not have the interests of consumers at heart, even vulnerable consumers such as soon-to-be nursing home residents. Arbitration proceedings often are secretive and expensive for consumers to pursue. Monetary damages awarded in favor of a plaintiff are generally lower in arbitration than those in court.

Arbitration clauses historically have been very common in credit card and cellular phone service contracts but less so in nursing home agreements. In the nursing home context, their presence is particularly troubling because the health and lives of California seniors is at stake.

What you can do:
• Carefully examine any and all nursing home paperwork, including contracts, before signing or permitting a loved one to sign. If a contract contains a binding arbitration clause, negotiate with the nursing home and demand they remove it.
• Consider speaking with a San Diego, San Bernardino nursing home neglect lawyer or other nearby professionals about any paperwork presented to you by a long-term care facility.

The grounds upon which to challenge the validity of an arbitration clause usually are very narrow, so it is best not to bind yourself in the first place if you think there’s a chance you would rather bring your claims in court if a problem ever arises. Please consider consulting a qualified professional if you have concerns about agreements presented to you by a San Diego nursing home.

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San Diego Nursing Home Abuse Lawyers Discuss the Need to Curb Use of Chemical Restraints

Mon, 09 Apr 2012 11:13:39 -0800

Powerful antipsychotic drugs are frequently used in San Diego County nursing homes to address behavioral issues caused by dementia or Alzheimer’s disease, including aggression, agitation, and delirium. However, these drugs can have serious consequences for elders and can easily be misused or incorrectly prescribed. According to the Consumer Voice, when antipsychotic drugs are prescribed for elderly persons with dementia, serious medical complications can occur such as loss of independence, over-sedation, confusion, falls, and even death. Recently, nursing home advocates and those of us working in North County elder abuse law have been concerned about the misuse of antipsychotic drugs in nursing homes and residential facilities. Finally, however, the government is taking notice, and a federal agency has announced a new initiative to address this so-called “drugging epidemic.”

According to an elder care statement released by the Consumer Voice, the federal campaign has been launched in order to bring about the end of the use of antipsychotic drugs as chemical restraints for seniors. Unfortunately, some nursing homes in the San Diego area and across the nation improperly use strong antipsychotic medications to control elderly residents by effectively drugging them into submission.

Last year, the U.S. Department of Health and Human Services Office of Inspector General reported that the overwhelming majority of Medicare claims for antipsychotic drug were inappropriate. Michael Connors, Long-Term Care Advocate with California Advocates for Nursing Home Reform, stated that “[t]oo many nursing homes use antipsychotic drugs as a way to control residents when they don’t have enough well-trained staff who know their residents well and can give them the time and attention they need.” Additionally, many facilities fail to obtain the proper consent from residents or their families. Another elder care advocate asserted that chemical restraints are just as dangerous for residents as physical restraints, which frequently are a sign of abuse.

The federal initiative is being led by the Centers for Medicare & Medicaid Services. The agency is developing a national action plan to raise public awareness about the misuse of antipsychotic drugs. The plan will also address the need for regulatory oversight, technical assistance, and research.

Federal law already prohibits the inappropriate drugging of nursing home residents, but as our Orange County elder abuse attorneys know those laws often are not enforced or are not enforced firmly enough. This can jeopardize the lives of residents who are counting on doctors and staff at nursing facilities to provide them with the care necessary to address their medical needs and make their lives comfortable and safe.

Good care at California nursing homes is certainly possible, and, indeed, is crucial. The North County nursing home abuse lawyers at the Walton Firm firmly believe that nursing home staff should get to know their residents well so that no more medication than necessary is prescribed. Your loved ones deserve the best treatment and attention possible. Patients should never be reduced to a zombie-like state simply because a facility does not have the necessary, well-trained staff to appropriately care for all nursing home residents.

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Routine Hernia Surgery Results in Death for Elderly Man

Mon, 02 Apr 2012 16:17:52 -0800

Routine surgeries or hospitalizations can sometimes have unexpected and negative outcomes due to hospital or medical staff negligence. Under California law, a wrongful death suit may be filed when a loved one passes away due to suspected San Diego nursing home abuse or neglect. The Walton Law Firm has successfully prosecuted nursing homes and residential facilities for neglect and abuse for years. We know how to spot the signs and symptoms of neglect and abuse crucial to proving your case.

Unfortunately, even simple surgeries or procedures can turn deadly due to medical negligence. For example, the widow of a successful businessman has filed a wrongful death lawsuit against the doctors and hospital allegedly responsible for her husband’s death, reports the Scranton Times-Tribune. The man died at the hospital in July 2011 after a hernia surgery that ultimately led to complications. In early July, the elderly man entered the hospital for surgery on a recurrent hernia. Just three days later he returned to the hospital complaining of hiccups, shortness of breath, and wheezing and underwent a series of tests and doctor consultations. The next day, he was transferred to the intensive care unit. Doctors reported that the man was showing signs of signs of septic shock. He later went into cardiac arrest and died shortly thereafter.

As our San Diego and Riverside elder abuse attorneys know, sepsis is a condition that can rapidly become worse or even lead to death if not treated properly. Essentially, sepsis is the body’s response to infection. Sepsis is often referred to as blood poisoning and is characterized by inflammation and the presence of a known or suspected infection. Severe sepsis is typically treated in the intensive care unit with intravenous fluids and antibiotics. Aside from inflammation, patients suffering from severe sepsis often suffer from fever and vomiting.

Sadly, however, there is no universal set of symptoms associated with a septic infection, but knowing some of the warning signs can help you identify the presence of sepsis before it is too late. Infection, overwhelming inflammation, and fever are typical signs. Elderly patients may experience shaking chills instead of a fever. Pain, irritability, and confusion may also be signs. Most importantly, if you see a loved one exhibiting some or all of these symptoms, please take your loved one to an emergency room right away so that medical staff can provide a proper diagnosis and the necessary treatment.

The widow’s lawsuit alleges that the negligence of the defendants caused or increased the risk of harm of her husband’s symptoms, condition, and resulting death. In short, it alleges that the hospital’s negligence turned her husband’s hernia deadly.

If you believe that a loved one is suffering from elder abuse or neglect, please get them help immediately. Common signs of San Diego nursing home abuse or elder neglect include bed sores, dehydration, suspicious bruises, and infection. Other indications of poor care at nursing homes can include understaffing, unclean facilities, and a lack of appropriate supervision. If you have questions, our qualified professionals can help provide the answers, and we are happy to help you find the resources you need to ensure that your loved ones are receiving the care and attention they deserve.

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GAO Studies the CMS Nursing Home Rating System

Tue, 27 Mar 2012 15:27:39 -0800

Making the decision to place a loved one in a nursing home is always a difficult and emotional process. The San Diego nursing home neglect lawyer at our firm appreciate that the process is made even more difficult by the fact that most families do not know where to begin when choosing a home. With stories of nursing home mistreatment shared frequently, it is not easy to confidently select a facility where a loved one’s quality of care will be prioritized.

There are no fool-proof ways to chose a long-term care facility without having any risk at all of a senior suffering from neglect or mistreatment. However, one great resource to start with is the “Nursing Home Compare” website supported by the Centers for Medicare and Medicaid (CMS). The website offers various tools which allow those throughout the country to get an idea of how certain nursing home stack up against one another on a wide range of variables. Combining various data sets (mostly based on federal regulatory information), the website also gives virtually all nursing homes in the country a uniform rating of between one and five stars. The rating is perhaps the easiest way to get a split-second estimate of the level of care likely to be provided at any given facility.

This week the Government Accountability Office (GAO) released the results of a study into the CMS rating system. The study was called for by the Patient Protection & Affordable Care Act. The research examined the history of the nursing home rating system and the ways that the system might be altered in the future.

The star rating system has actually only been around for the last five years. In 2008 a CMS contracted company joined with a nine member “expert panel” to put the rating system together. The nine member panel was comprised of various shareholders, all of whom were deemed experts in long-term care research. Together they made various methodological decisions to put the current system into place. Perhaps of most importance, the group determined how measures of various individual factors—like staffing levels and numbers of citations—would combine to create the final star rating value.

The GAO continued by explaining that future changes to the rating system can be instigated in one of three ways. First, a stakeholder can share concerns about the system and ask for possible alterations. Second, routine monitoring by CMS could give rise to modifications. Finally, availability of new data sets might require inclusion into the ratings program. The report recommended that more planning be conducted to assess exactly how any possible change in the system might affect the actual goals of the program. By clearly laying out what is hoped to be achieved by the five star rating system, CMS officials will likely be better positioned to determine whether a suggested modification does or does not help reach those goals.

If you are going through the process of choosing a nursing home for a loved one, our North County nursing home neglect attorneys recommend taking a look at the resources online. However, no matter what location is chosen, it is important to keep eye on the care being provided after move-in. Mistreatment or negligent conduct is never acceptable and should be called to account if it occurs.

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El Dorado County Nurses Criminally Charged in Elder Neglect and Nursing Home Record Falsification Case

Mon, 19 Mar 2012 14:50:43 -0800

Many California seniors seek care in nursing facilities across our state when they find that they can no longer care for themselves or, simply, if they do not wish to continue to live on their own. When deciding to reside in a long-term care facility, no one expects that they will become the victim of neglect or abuse. Unfortunately, as the attorneys at the Walton Law Firm know, elder abuse perpetrated by caregivers is very common.

For example, two El Dorado County nurses have recently been charged with felony elder abuse involving the 2008 death of 77-year-old Johnnie Esco. Our Orange County elder abuse lawyers previously discussed the elderly woman’s tragic death because her case revealed the shocking and negligent practice of record falsification at California nursing homes. The 77-year-old suffered from Alzheimer’s disease and was recovering from pneumonia. Her death was caused by staff negligence. Nurses were supposed to closely monitor the patient because her medications gave her chronic constipation, according to an article in the San Jose Mercury News. Their failure to do so left the elderly woman with severe fecal impaction, and she died the day after arriving at a local hospital. Doctors also discovered unexplained bruising on the woman’s body.

The nursing staff’s failure to monitor the elderly woman amounted to nursing home negligence. Prosecutors involved in the case stated in court documents that both defendants “clearly neglected” their patient, causing her to suffer “unjustifiable pain.” Those of us working in San Diego area elder abuse understand there is nothing worse than knowing a loved one died in pain. Even worse, in this instance, the staff at the El Dorado County nursing home attempted to cover up their actions and allegedly altered their patient’s medical records to hide their neglect and abuse.

Record falsification can include providing false information in a patient’s chart or alteration of information in medical records, likely either to demonstrate the patient received adequate care or to conceal mistakes staff members may have made. In this case, the elderly woman’s bowel ailments went untreated and unrecorded. Furthermore, suspicious and irregular charting during her stay at the nursing facility led to a decline in her health. Allegedly, “rote charting”—quickly copying information from a previous shift instead of filling in accurate information—also played a role in the woman’s death.

Making false statements in medical records is against the law in California. Victims are put at serious risk and have the right to bring a San Diego nursing home lawsuit for civil monetary damages. In some instances, criminal charges may also be brought. Under California law, negligent care provided by any person having the care or custody of an elder or dependent adult is prohibited.

The elderly woman’s husband has spent the past four years seeking justice for his wife’s death. For him, the filing of criminal charges in the death of his wife of 60 years came as a welcome relief. “It’s been a quest of mine. It’s all I can think about,” the man reportedly said.

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Federal Report Finds State Oversight of California Nursing Homes Deficient

Mon, 12 Mar 2012 11:33:40 -0800

Last week, the federal government issued a new report that scrutinizes California nursing home inspections. The report finds those inspections lacking because inspectors fall far short in following up on their own investigative findings into problems at nursing facilities across the state. The California Department of Public Health is responsible for inspecting the state’s 1,150 nursing homes. Our San Diego County nursing home abuse lawyers have successfully sued nursing homes and residential facilities for neglect and abuse for years, and our firm is recognized as a leader in this area of law. As a result, we are familiar with how important it is for state officials to conduct thorough and accurate nursing home inspections.

The Department of Public Health (DPH) enforces both state and federal regulations that govern California nursing homes. However, the state and federal systems follow different rules and can levy different fines and sanctions when nursing homes commit violations. According to the DPH, it receives about 19,000 complaints and facility-reported issues each year. The DPH instructs inspectors to first examine problems in light of state laws that allow them to levy fines of $1,000 to $100,000. Those fines can be levied for a number of reasons, including, for example, a finding of San Diego elder neglect or abuse.

The recent federal report examines how well state inspectors from the DPH enforce federal regulations. When state inspectors fail to follow up on their inquiries, it can potentially enable sustained neglect or lax practices that can injure residents, according to a report from California Watch. The federal report, which was issued by the Department of Health and Human Services’ Office of Inspector General, examined the handling of 178 findings of deficiencies at three nursing homes that send a high rate of patients to nearby hospitals with painful bedsores and severe infections. The inspector general found that nursing home regulators underestimated the severity of problems in 13% of the findings.

For example, one patient was sent to a hospital for evaluation because she had blood in her urine, but she was sent home without medication after a day. The hospital instructed the woman to follow up with a doctor within two to three days. A week later, the nursing home determined that the resident’s problem persisted and merited another hospital visit. Clearly, something was missed, resulting in two hospitalizations for the elderly resident instead of one or none at all. Thus, in this case, the inspector general concluded that the problem should have been classified as one that caused “actual harm,” rather than the potential for harm. The failure to appropriately classify a problem at a nursing home or long-term care facility is considered “non-compliant” behavior, and could be an indication of larger problems.

When state inspectors fail to properly assess the severity of problems at California nursing homes, their evaluations have the potential to skew ratings on Medicare’s Nursing Home Compare website, which provides detailed information about every Medicare and Medicaid-certified nursing home in the U.S. Nothing beats visiting and judging the quality of care at a nursing facility in person, but the website can be a useful tool to help you get started if a loved one is considering moving into a nursing home.

One elder advocate states the federal report shows that state inspectors are creating a system that does not hold nursing homes accountable for making meaningful changes after problems are found. California authorities say they are strengthening their staff training on federal guidelines in an effort to address the problems identified in the report. Our San Diego County nursing home abuse lawyer believes these issues must be dealt with immediately to ensure the well-being of all of our area seniors.

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High Numbers of San Diego Abuse Cases for Disabled Adults, but Few Prosecutions

Mon, 05 Mar 2012 08:54:13 -0800

Despite high numbers of substantiated patient abuse cases at California institutions caring for disabled adults, a recent article in the San Diego Union-Tribune reports that there are very few subsequent prosecutions. This disparity came to light after California Watch, a watchdog agency that frequently focuses on issues such as the public’s health and welfare, blew the whistle. The agency published a series of reports about flawed investigations conducted by a police force responsible for scrutinizing instances of potential abuse or death at state institutions for disabled adults. Our San Diego elder abuse lawyer has handled several cases against state-run facilities for the developmentally disabled, so our firm understands the unique and complex issues that such cases raise. For example, in cases involving dependent adults, many victims may not be able to adequately describe the abuse they have suffered making it crucial for their advocates to investigate all issues suggesting a pattern of neglect or abuse.

The Office of Protective Services (OPS) is a police force dedicated to investigating patient deaths and suspicious injuries at state-run facilities in California. However, since 2006 there have been 327 substantiated patient abuse cases and 762 unexplained injuries at five state-run institutions, yet few of those cases have led to prosecutions. The board-and-care institutions—located in Sonoma, Los Angeles, Riverside, Tulare, and Orange counties—are home to approximately 1,800 patients with cerebral palsy, severe autism, and intellectual disabilities. The relatively few prosecutions, as well as suspicious circumstances in certain cases, suggest that the OPS investigations are seriously flawed.

In one instance, a 50-year-old patient at Fairview Developmental Center in Orange County was found on his bedroom floor with a broken neck in 2007. The man died six days later. In spite of the suspicious circumstances, including the man’s relatively young age, police at the institution did not collect physical evidence from the scene while investigating the Orange County suspicious patient death. They also waited five days before beginning to interview potential witnesses. No arrests were ever made in the case, and it is possible that it will never be clear exactly what happened due to the shoddy investigative work.

The family hired an Orange County nursing home abuse attorney and sued the state, ultimately winning an $800,000 wrongful death settlement. A San Diego wrongful death suit is intended to compensate the heirs of the victim for their own losses, including the loss of their loved one.

California lawmakers say they plan to hold public hearings and conduct on-site investigations into the Office of Protective Services. One lawmaker, Senator Carol Liu, stated that the reports issued by California Watch indicate that the police force’s “‘inability to handle complex investigations has resulted – literally – in people getting away with murder.’”

One advocate for the developmentally disabled said she hopes the hearings will create public pressure regarding the issue of patient deaths or suspicious injuries at state-run facilities.

While the numerous mistakes of OPS has led to grave consequences, the attorneys at the Walton Firm are glad to hear that steps are being made to scrutinize and address the flawed tactics. However, it is clear that OPS has a long way to go before its investigations will provide abuse victims and their families with the justice they deserve.

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(Photo courtesy of Alan Cleaver)

Better Access to Primary Care Can Help Prevent Hospitalizations for San Diego Seniors

Mon, 27 Feb 2012 10:44:15 -0800

Data released by a new statewide study shows that better access to preventive and primary health care could have kept thousands of Californians out of hospitals, according to the North County Times. Earlier this month, the Office of Statewide Health Planning and Development released the study, which found that high numbers of “preventable hospitalizations” are an indication of systemic shortcomings related to access to quality primary care. With all of the recent uncertainty surrounding California’s Adult Day Health Care program, our San Diego elder abuse lawyers know that many local families are worried about finding affordable access to medical care for their loved ones.

The statewide study found that there were more than 335,000 adult hospitalizations in California that could have been avoided if the patient had seen a doctor sooner. Good primary care up front can prevent future hospitalizations. Seniors are particularly vulnerable to receiving poor care and should visit doctors regularly to help maintain their current health. Although the data on preventable hospitalizations does not necessarily indicate poor hospital care, the study did report 334 incidents in some type of surgical equipment was left inside a patient’s body, as well as 8,230 cases in which patients were accidentally cut or punctured during their hospital stay. At least some of those accidents were probably the result of negligent care, in which case a San Diego medical malpractice lawsuit likely would be appropriate.

A lack of preventative health care also takes a large financial toll on state resources, as well as on family members. For example, the Centers for Medicare & Medicaid Services published a report last year that noted that 26% of all patients who are eligible for Medicare and Medicaid had avoidable hospitalizations. The total cost to taxpayers in 2011 was more than $7 billion.

While these figures appear stark, our Orange County elder abuse lawyers know that in some ways California is in a better position than a lot of states. California had fewer preventable hospitalizations among all patients who are eligible for Medicare and Medicaid than the national average. However, those hospitalizations still cost California an estimated $3.6 billion per year.

Some have advocated for a greater emphasis on primary care. Yet many adults may not have regular and affordable access to primary care. Many adults do not have health care or may not be able to get the care they need in a timely manner. Such systemic failures result in preventable hospitalizations, which ultimately end up costing the California health care system. Unfortunately, funds for health prevention are becoming more and more scarce. Considering that the population is aging steadily, more and more seniors are likely to find themselves splitting smaller and smaller pools of state and federal resources.

In these troubling economic times, many families also have had to bear the burden of caring for aging parents and relatives, or have had to trust nursing homes to help care for their loved ones. Sadly, entrusting your loved ones to a nursing home or residential care facility is no guarantee that they will receive adequate care. Over the years, we have seen far too many cases of elder abuse and neglect at California nursing homes. Our attorneys frequently handle San Diego elder abuse and nursing home neglect lawsuits. If you are concerned that a loved one has been abused, we can help by discussing your concerns and helping you explore your legal options.

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Nursing Home Falls Usually Caused By Systematic Negligence

Tue, 21 Feb 2012 11:04:21 -0800

Learning that a loved one has been harmed in a custodial setting due to neglect or abuse is a horror that hopefully most San Diego families will never have to face. But as California’s elderly population ages, the number of seniors living in nursing homes and assisted living facilities is sure to increase. When our San Diego nursing home abuse attorneys evaluate a case involving the custodial treatment of an elderly person, we investigate all issues that might suggest a pattern of neglect instead of what might initially appear to be a single negligent act. Doing so ensures that we obtain all the evidence necessary to make the best case possible. It also can help prevent similar occurrences at the same or other facilities, so that other families do not have to endure the pain of knowing that a loved one was harmed at a California nursing home.

Last week, a jury acknowledged the suffering that families endure when their loved ones are hurt at nursing homes. The jury awarded $8 million in damages to the estate of an elderly man who died shortly after his legs were broken when he was improperly transferred from a chair into his bed. The Courier-Journal reports that the man, who was in his mid-80s, was staying at a nonprofit nursing home.

After the man’s death, his estate hired a nursing home abuse lawyer to sue the negligent facility. The man’s injuries occurred because he was transferred without a lift and was moved by only one nursing assistant, in violation of the nursing home’s care plan, which required two assistants. Most qualified nursing homes maintain a “care plan” for each resident. Care plans should address falls, mobility, pain management, nutrition, bladder and bowels, among other things. Care plans should be updated on a regular basis to accommodate the changing needs of a patient and should be strictly followed. Failure to follow a care plan can lead to serious injury or death, and can be the basis of a San Diego elder neglect lawsuit.

Sadly, the nonprofit home’s negligence did not stop at its failure to follow an appropriate care plan or its internal policies. After the man’s legs were broken, he was placed into bed as though nothing had happened. Employees were ordered to change medical records and cover up the incident. Because of a stroke, the elderly man could not describe the extreme pain he was experiencing. After it was discovered that the man’s legs were broken, he was treated at a hospital and later transferred to a different nursing home. He died approximately six weeks later.

Those of us working on San Diego County Orange County, Riverside County elder abuse and senior neglect throughout this area know that fractures and broken bones should not occur while an elderly person is under the watch of a professional care provider. If you believe your loved one is a fall risk, be sure to advise the caregivers. Proper planning should address this risk. However, if your loved one does experience a fracture or break while in the care of a nursing home, please consider contacting a professional to learn more about your legal options. At the Walton Law Firm, we have successfully sued nursing homes and residential facilities for neglect and abuse for years.

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(Photo courtesy of neovain)

Patient Dies After Wandering Away From Nursing Home In the Cold

Mon, 13 Feb 2012 15:53:01 -0800

A nursing home patient with a history of wandering died in the cold, reports the Belleville News Democrat. Last month, the 77-year-old man walked away from the home where he was staying and later died. He had also wandered off two other times in the weeks and months prior to his final disappearance. Our San Diego nursing home abuse attorneys know that wandering can lead to serious injury or even death for people with memory impairment such as Alzheimer’s disease or dementia.

The state health department reported that despite the man’s previous wandering behavior, the senior—who suffered from dementia, kidney failure, and heart disease—was not wearing a patient monitoring device. The care plan established by the nursing facility also failed to address the man’s prior attempts to leave the home. The man’s body was found in a creek one block south of the nursing home. The temperature dropped to below freezing on the night he disappeared. He died of hypothermia, likely several hours after he wandered off.

Approximately an hour after the man was last seen, the police were contacted, and an extensive search was undertaken. The police immediately searched around the facility, conducted a second search at midnight, and then conducted a third search by helicopter in the early morning hours. Despite these efforts, the man’s body was not found until two days later.

Although nursing home staff reported that the man was last seen at approximately 7:30 p.m., the coroner maintains that the man actually disappeared around 3:00 p.m., nearly five hours earlier. It is unclear how the elderly man managed to leave the home undetected. It is also not clear whether the nursing home’s alarms were on that night. The man was not wearing a patient monitoring device because staff had removed the device. Additionally, the man’s psychiatrist did not feel he was a risk to wander off, but it is unclear why the staff and nursing home psychiatrist would make such decisions when the man had been caught wandering several times not long before his final disappearance.

Sudden changes in mood and functioning are some of the challenges facing individuals living with Alzheimer’s or dementia. Thus, their behavior is often unpredictable, making it essential for nursing home staff to monitor patients closely and to be aware of their behavioral history. Our Orange County nursing home lawyers know that a number of resources can help families and nursing home staff effectively care for seniors living with memory impairment diseases, including medic-alert bracelets, support groups, and web-based tracking systems that employ GPS.

The man’s disappearance and death likely could have been avoided if the nursing home had been more vigilant in monitoring him. Facilities that employ negligent nursing home practices are usually assessed fines and/or receive citations from the state. Nursing homes often must also develop a corrective plan of action to address their deficiencies. The man’s family has hired a nursing home abuse lawyer, but has not yet filed a lawsuit against the facility.

Those working in the area of San Diego elder abuse law understand that a nursing facility’s failure to address wandering behavior may constitute negligence or even gross negligence. Wandering is a serious risk for elderly patients and should never be ignored by nursing home staff.

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California Nursing Home Abuse Investigation Uncovers Prescription Errors

Mon, 06 Feb 2012 09:23:09 -0800

A state investigation conducted by health officials has uncovered a widespread problem in California nursing homes, reports a recent article in The New York Times. Officials found that pharmacists responsible for reviewing the medication of California nursing home patients routinely allowed inappropriate and potentially deadly prescriptions of antipsychotic medications. The California Department of Public Health (CDPH) found that in 18 out of 32 investigations between May 2010 and June 2011 pharmacists failed to note cases in which elderly patients were inappropriately given powerful antipsychotic drugs.

In one instance, an elderly woman with a history of seizures was prescribed Seroquel, a strong antipsychotic drug (often used to treat schizophrenia), even though research shows that seniors who take antipsychotic drugs are more likely to experience seizures. She was also prescribed Trazodone, an antidepressant that has been linked to an increase in seizures in elderly people, as well as a second antipsychotic drug called Risperdal. Such a combination is potentially lethal, according to state investigators, because they can cause life-threatening heart arrhythmias. Our San Diego nursing home abuse lawyer knows it is essential for caretakers and doctors to be aware of the ways in which certain medications can impact elderly patients. Otherwise, dangerous side effects may occur, or medications that likely should not be combined with other drugs may be prescribed by mistake.

Under California nursing home abuse law, consulting pharmacists who work for nursing homes must review patients’ charts monthly. They then make recommendations to treating physicians about whether medications should be ceased, reduced, or changed, if they pose potential hazards or are causing harmful side effects. The CDPH discovered that California pharmacists failed to identify the misuse of antipsychotic medications in 90% of cases. The CDPH also found a “probable correlation” between faulty druggist reviews and the amount paid to pharmacists: in 59% of the cases involving defective reviews, nursing facilities had been cited for accepting pharmacy services below cost. The average pay rate for pharmacists in California is approximately $56 per hour, but instances were uncovered where pharmacists were paid as little as approximately $23, $16, or $11 per hour.

Such statistics are concerning and suggest that in many cases the independence of particular pharmacists may have been compromised. Rather than making drug recommendations based on the needs of elderly patients, pharmacists instead may be making them based on financial incentive.

The CDPH’s investigation very well could lead to medical malpractice suits against California nursing homes because inappropriate drug prescriptions can lead to harmful side effects and even death. The North County elder abuse lawyer at the Walton Firm knows that California elders are frequently targets for physical, financial, and emotional abuse. Our attorneys have also successfully handled wrongful death suits against California nursing facilities.

Thankfully, the practice of pharmacists overlooking or approving the actions of doctors at nursing homes who prescribe drugs at questionable levels or in unsafe combinations has been uncovered, which hopefully will prevent further deaths or dangerous side effects. As a result, countless lives of California seniors may have been saved.

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