California Nursing Home Abuse Lawyer Blog

American Academy of Neurology Says Doctors Should Routinely Screen Patients for Abuse

Tue, 31 Jan 2012 12:33:15 -0800

The American Academy of Neurology’s most recent position statement on abuse and violence recommends that neurologists screen patients for abusive treatment as part of their regular routine. As our North County elder abuse lawyers know, seniors are at serious risk of being mistreated or abused. Unfortunately, abusers often turn out to be the people we expect to be able to trust the most, including nurses, group home staff, and other caretakers.

California elder abuse law prohibits commonly known types of abuse—such as physical or sexual abuse—as well as the negligent failure of caretakers to exercise reasonable caution in the care or custody of an elderly person. That includes providing proper care for a senior’s medical and mental health needs and protecting elders from health and safety hazards. The American Academy of Neurology’s position statement defines elder abuse as abuse or neglect of a person 65 years or older, or of an individual who is physically or mentally disabled.

According to the American Academy of Neurology, the American Medical Association encouraged physicians in 2008 to ask patients about family violence histories on a regular basis because such information is crucial to effective diagnosis and care. Failure to do so can lead to further physical or emotional harm and treatment failure. The authors of the position statement, Elliott A. Shulman, M.D., and Anna DePold Hohler, M.D., state that identification of a patient’s abuse history, if any, is important because it can influence the assessment and treatment of presenting health concerns.

The position statement identifies a relationship between abuse and neurological diseases. Specifically, it explains that abuse can affect the development of neurological disease. For example, more than 90% of intimate partner violence injuries occur to the face, head, and neck and may be associated with traumatic brain injury. Adults who experience verbal abuse suffer from higher rates of depression, irritability, and somatization (a chronic condition in which an individual has physical symptoms involving multiple parts of the body, but no physical cause can be found). Sadly, the position statement also notes that persons with physical disabilities, such as Parkinson disease or stroke, or mental disabilities, such as Alzheimer’s, are at a higher risk of being abused.

Many elders may not even realize they are being abused, or may not want to acknowledge it, particularly if the abuser is a friend, family member, or caretaker. Our San Diego nursing home abuse attorneys know that abusers frequently employ emotional abuse (such as bullying, isolating behavior, or financial abuse) as a way to control their victims. California, like all U.S. states, requires reporting of abuse of the elderly and disabled. In California, Adult Protective Services and the California Department of Public Health are excellent resources if you are concerned that a loved one is suffering from neglect or abuse.

Prompt reporting is essential to preventing further abuse. The San Diego area elder abuse attorneys at the Walton Firm know that any unexplained injury or death could be the result of abuse or neglect. Reporting abuse or neglect helps ensure the safety of all California seniors.

See Our Related Blog Posts:

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California Elder Financial Abuse Continues Into the New Year

Wed, 25 Jan 2012 08:08:46 -0800

Elderly victims of financial abuse, like those suffering from other forms of abuse, are usually reluctant to report their abusers. In the case of financial abuse, many California elders may not even be aware they are being victimized. Our North County elder abuse lawyer knows that financial abuse makes up a significant portion of all elder abuse cases reported each year. Despite increasing awareness of elder financial abuse, many instances of this conduct are still occurring as California’s elderly population grows.

Two recent news articles again have shed light on the problem of California elder financial abuse. The Napa Valley Register reports that a Calistoga woman pled guilty to California elder abuse and tax evasion. The 51-year-old bookkeeper had been hired to manage an elderly woman’s financial affairs relating to the operation of the victim’s bed and breakfast in St. Helena. Instead, the bookkeeper embezzled more than $250,000 from the Yolo County woman over the course of 7 years, transferring the victim’s assets to other accounts to pay her own bills. The crimes apparently were discovered after the 80-year-old victim became ill and her family realized her assets had been depleted.

The Yolo County District Attorney’s Office decided to prosecute the Calistoga woman after learning that she had used the victim’s money to pay personal bills and purchase rental property in Santa Rosa and vacation property in Oregon. Although the woman will not be sentenced until March, she has already agreed to forfeit more than $300,000 in cash and property to pay restitution to the victim.

In another instance of California elder financial abuse, the San Jose Mercury News reports that a Clayton man allegedly attempted to defraud his elderly parents out of their $300,000 home. The man ultimately pled guilty, agreeing to a deal that will end his career as a licensed real estate agent. According to the article, the man forged his name on a check worth more than $28,000. Although the forgery charge was eventually dropped as part of the man’s plea deal, he was caught because a new fraud notification program in Contra Costa County sent an automated letter to the victims when the man’s signature appeared on a grant deed saying the taxpayer of the home had changed. Our San Diego nursing home abuse lawyer believes this story shows that successful measures can be taken to catch perpetrators of elder abuse and financial crimes.

In many instances of elder financial abuse, criminal charges are brought, but a civil lawsuit also may be filed. Under California law, any person age 65 years or older is considered an elder. A California elder abuse lawsuit can bring financial relief and a sense of justice to those wronged by perpetrators of elder abuse or neglect. The lawyers at the Walton Firm understand the long-term effects of elder abuse. Victims of financial abuse often feel they cannot trust anyone and suffer from psychological turmoil as a result. Sadly, we are only a few weeks into 2012 and there have already been several instances of California elder financial abuse. However, if you have been a victim of San Diego financial abuse, you are not alone. Help is just a phone call away.

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Government Report Finds Errors At Hospitals Frequently Go Unreported

Tue, 17 Jan 2012 07:20:22 -0800

Only 1 out of 7 errors at hospitals are recognized and reported, according to a new report released by the federal government. A New York Times article reports that federal investigators scrutinized errors, accidents, and other events that harm Medicare patients while they are hospitalized. Our North County elder abuse lawyer knows that entrusting a family member to a hospital’s care sometimes can be scary, especially if invasive procedures such as surgery are necessary. Unfortunately, there are a number of problems that can occur when a loved one is hospitalized. For example, painful bedsores can occur when a patient lies in the same position for long periods of time without being rotated by a nurse. Patients who need extra attention are at a serious risk of falling and injuring themselves if left unsupervised. Serious infections can also set in, and a delay in treatment could mean the difference between life and death for an elderly loved one.

Our San Diego elder abuse attorney knows that incident reporting systems ensure that hospitals hold their doctors and other staff members responsible for adverse events. According to the New York Times, an adverse event is any significant harm a patient experiences as a result of medical care. In order to qualify for payment under Medicare, hospitals must keep track of medical errors and adverse patient events. They must then analyze the causes of those errors and make efforts to improve their care.

However, the government report notes that even when hospitals investigate preventable injuries and infections reported by staff, they rarely alter their practices to stop the repetition of such adverse events. Daniel Levinson, inspector general of the Department of Health and Human Services, stated the investigation uncovered that some of the most serious problems, including those that caused a patient’s death, were never reported. Independent doctors reviewed patient records in order to uncover unreported events. According to Mr. Levinson, more than 130,000 Medicare beneficiaries experienced one or more adverse events in hospitals in a single month.

There could be many reasons that a hospital fails to report adverse events, including:
• Employees are afraid to admit mistakes
• Employees do not recognize what signs or symptoms constitute patient harm or do not realize that particular events harmed patients and should be reported
• Employees assume someone else will report the adverse event
• Employees believe an incident of harm is so common that it does not need to be reported
• Employees believe an adverse event is so isolated in nature that it is unlikely to recur

In order to address the underreporting of hospital errors, Medicare officials plan to develop a list of “reportable events” that hospitals and their employees can use. They also advise that hospitals should give their employees “detailed, unambiguous instructions” regarding which types of errors warrant reporting.

Hopefully, this report will serve as a wake up call for California hospitals. All hospitals must identify and accurately report adverse events. California is already 1 of 27 states required to publicly report hospital infections. Such accountability measures are crucial in guaranteeing that California seniors receive competent and professional medical care.

No one should ever have to wonder whether the death of a family member or friend was preventable. Our San Diego nursing home abuse lawyer can help you seek financial compensation for mistreatment or wrongful death of an elderly loved one.

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New Requirements For California’s Adult Day Care May Mean Only Half of Prior Participants Will Qualify

Wed, 11 Jan 2012 11:31:03 -0800

Uncertainty about the future of California’s Adult Day Health Care system continues even though the program was saved from elimination at the end of last year. Since the 1970s, California has been a pioneer in the field of adult day health care, creating a system designed to provide health and social services to the elderly and disabled. The Adult Day Health Care (ADHC) system was established to respond to instances of California nursing home abuse. However, recent state budgeting challenges led lawmakers to cut all Medicaid funding for the centers in order to save approximately $85 million.

California elder abuse advocates quickly sued the state to halt the massive funding cuts. Communities across the state also voiced outcry over the cuts, including concern that elimination of the program would lead to more elder abuse and neglect. A settlement was reached at the last minute, according to an article in Kaiser Health News. The settlement will require the state to continue to fund a scaled-down version of the program for those who need it most. Under the terms of the settlement, California must still pay for the services through its Medicaid program but only for those who have severe illnesses, disabilities, or dementia. Strict new eligibility requirements will determine who may receive care.

The San Diego nursing home abuse lawyers at the Walton Firm know that many Californians may be concerned about the new ADHC program. The new eligibility rules will bring some changes. For example, to determine who will qualify for the scaled-down program, 200 state nurses have begun visiting centers around the state to review patient records. The state has guaranteed services to more than 9,000 Californians already. The remaining 26,000 prior participants will be evaluated on a case-by-case basis. State health officials have estimated that only about half of the 35,000 participants will qualify under the new rules, which were established to control Medicaid costs. But the number of former participants that could still qualify may actually be much higher, meaning that the state may not save very much money after all.

In the past, the California ADHC program served as an important lifeline for many elderly residents and their families. It provided approximately 35,000 senior citizens with access to meals, health evaluations, exercise, and group activities. In tough times such as these, daytime activities can bring much needed relief to familial caretakers. Peer companionship for seniors also brings hope and high spirits for those who need long-term care.

One of the reasons the proposed elimination of the ADHC program was so concerning is that California elder advocates were afraid it could lead to the very abuse the plan was originally designed to prevent. Nursing home abuse or neglect often goes unreported and can be difficult to detect. Friends and family members of elders who are being abused may not always recognize the signs.

The Walton Law Firm frequently handles San Diego elder abuse and neglect cases and San Diego wrongful death suits. If you suspect a loved one died as a result of nursing home abuse, California law provides legal avenues your family can pursue.

See Our Related Blog Posts:

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Newport Beach Nursing Home Fined $100,000 For Fall Death

Wed, 04 Jan 2012 10:36:05 -0800

The San Diego nursing home abuse lawyers at the Walton Firm know that falls due to a lack of adequate supervision can be a life-threatening problem for California seniors. Serious falls in custodial settings can result in death or drastically alter the quality of a loved one’s life.

A Newport Beach nursing home was recently fined in connection with the death of a senior after the resident was left unsupervised and suffered a serious fall. According to the Daily Pilot, the state investigated the woman’s death and found that the facility failed to properly supervise the ailing resident. The woman suffered from dementia and osteoporosis. She was also recovering from hip replacement surgery.

The woman was left unattended after she asked for privacy while using the restroom. While alone, she fell and was later discovered by an employee. She was face down, had no pulse, and was not breathing. Although the elderly woman was revived by medics, she was left with a fractured spine and remained brain dead. Her family later decided to remove her from life support.

The California Department of Public Health fined the nursing home $100,000 following the state’s investigation. Inquiry indicated that staff at the facility noted the woman needed constant supervision. The woman’s medical condition likely put her at a high fall risk. The investigation revealed that when the woman asked for privacy, nurses would typically crack the bathroom door in case she had any trouble.

On the day of the woman’s death, however, the nurse in charge of the patient was approximately three minutes away from a lunch break. Instead of monitoring the woman, the nurse allegedly left the woman unattended and went in search of someone to replace her. While the nurse was absent, the woman fell, apparently resulting in her death. State investigators concluded that the nurse should have waited until the woman was finished and safely back in bed before leaving to find a replacement nurse.

Negligent nursing practices such as a lack of appropriate supervision can have serious, negative outcomes for nursing home residents. They can shorten a life or significantly impair a loved one’s quality of life. Those who commit nursing home negligence must be held accountable for their actions. Even when a loved one’s physical wounds heal, it is important to ensure that all California seniors are treated with the respect they deserve. Our North County nursing home neglect lawyers know that for each family that comes forward to share their story of neglect, other potential victims are spared harm by the changes in protocol that often result.

In this case, the fine levied by the California Department of Public Health—$100,000—is the heaviest possible fine that the agency can issue. The Newport Beach nursing home is contesting the fine.

Our North County nursing home attorney has successfully sued nursing homes and other care facilities in civil courts for injuries caused by falls in the custodial care setting. Our lawyers know how to successfully navigate all stages of a California nursing home abuse lawsuit, including pre-trial discovery, trial, and/or settlement negotiations.

If you are concerned that a loved one is suffering elder abuse or neglect, please call our San Diego nursing home abuse attorneys for a free and private consultation today. Our legal professionals can be reached toll free at (866) 607-1325 or locally at (760) 607-1325.

See Our Related Blog Posts:

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California Elder Abuse Typically Goes Unreported

Death Certificates in Nursing Home Deaths Often Contain Incorrect Information

Fri, 30 Dec 2011 05:50:23 -0800

Our San Diego nursing home abuse attorneys know that for every senior death in California, a number of them are suspicious deaths which should be investigated, but rarely are. Since these deaths typically are not analyzed appropriately, the death certificates in such cases frequently contain incorrect information. Theses mistakes can act to cover up instances of serious California elder abuse or mistreatment.

For more than a year, reports ProPublica, an investigation has been ongoing into senior deaths across the nation. The results of the investigation are appalling. ProPublica reveals that when it comes to senior deaths, “the system errs by omission.”

For example, Joseph Shepter, a retired U.S. government scientist, resided in a nursing home in Mountain Mesa, California, for the final years of his life. Nothing about Mr. Shepter’s death seemed unusual. A stroke and dementia had left him significantly impaired. When he passed away in 2007 at age 76, the nursing home’s chief medical officer listed his death as natural, which meant there would be no further investigation.

A tip from a nursing-home staffer later prompted state officials to re-examine Mr. Shepter’s death. They found that he actually died of a combination of ailments often related to poor care, including an infected ulcer, pneumonia, dehydration, and sepsis. Mr. Shepter’s death may have also been accelerated by the inappropriate administration of powerful antipsychotic drugs. Such evidence indicates that Mr. Shepter likely died from nursing home negligence, not from natural causes.

Mr. Shepter’s situation is an example of a persistent and troubling problem. If a senior dies under suspicious circumstances in California, there is no guarantee that there will ever be an investigation. Not only that, but in such cases, death certificates for seniors often report an inaccurate cause of death.

This national investigation into senior deaths has revealed a number of systemic flaws. For example, when treating physicians report that a death is natural, coroners and medical examiners almost never investigate further. But doctors do not always get it right every time. Additionally, doctors without training in forensics may experience difficulty determining which cases should be referred to a coroner or medical examiner.

Second, in most states, doctors are permitted to fill out a death certificate without ever seeing the body. This can be a convenient way for nursing homes to cover up San Diego elder abuse and neglect. For example, it means that a doctor may never see bruises, cuts, or restraint marks, all signs and symptoms of abuse. This also means that a doctor may inaccurately report the cause of death.

Finally, as the senior population in America has boomed, autopsies of individuals over 65 have become increasingly rare. A government analysis found that the share of autopsies performed on seniors dropped from 37% to 17% between 1972 and 2007.

Many suspicious senior deaths that would have gone unreported are only investigated when concerns are voiced by relatives or whistleblowing staff. Our San Diego elder abuse lawyers encourage all those involved in these situations to ensure that the passing of loved ones at these facilities is properly analyzed to ensure that mistreatment is not swept under the rug.

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Family Sues Nursing Home Over Mother’s Tracheostomy Tube Death

Tue, 20 Dec 2011 14:53:07 -0800

Unfortunately, every day brings new stories about horrific instances of elder abuse and mistreatment. While any form of elder abuse is unacceptable, our San Diego nursing home abuse attorneys know that many instances of abuse or neglect may go undetected because they may not seem to be obviously caused by mistreatment. For example, our lawyers recently explained the important connection between nurse staffing ratios, quality of care at long-term nursing facilities, and elder abuse. It is tragic when one’s loved ones are harmed when the people entrusted with their care fail to adhere to the standard of care.

Under California elder abuse law, caregivers must provide the degree of care that a reasonable person in a similar position would exercise. This includes providing medical care appropriate for a senior’s physical and mental health needs. It also includes protecting elders from health and safety hazards. Skilled nursing home facilities typically have written care plans or nursing care protocols they must follow in order to ensure they are complying with the standard of care. The 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, not all nursing home workers follow the protocols established to ensure the safety of their patients. According to Wood TV, a family is suing a nursing home facility over the death of their mother. The elderly woman died when her tracheostomy tube got caught around a bed rail and became dislodged. A tracheostomy tube provides an air passage to help a person when the usual route for breathing is obstructed or impaired in some way. Because of her size, the woman was supposed to have the help of two nursing home assistants to ensure that her tracheostomy tube did not dislodge. However, when the accident occurred only one assistant was helping the woman.

When the nursing assistant decided not to follow protocol, she put the elderly woman’s life at risk. As she was being moved, the woman warned the assistant that she was stuck. Eventually, the assistant called for help. A registered nurse who responded to the call stated that the elderly woman looked fearful and was saying that she could not breathe. At some point, the woman’s tracheostomy tube came out completely and her condition deteriorated. She later died at a local hospital.

Our San Diego elder abuse lawyers understand how upsetting it can be to realize that a parent or relative may not be receiving appropriate or adequate care. Our attorneys can help you understand the signs and symptoms of elder abuse and mistreatment so your family can make the best decision possible about a loved one’s care. We have successfully sued nursing homes and other care facilities in civil courts for injuries caused in a custodial care setting. If your loved one has suffered elder abuse or neglect, we are here to help your family get the justice you deserve and to ensure that such abuse will not happen again.

To report suspected elder abuse, mistreatment, or exploitation in California, please contact your local Adult Protective Service agency. To report suspected elder mistreatment in a long-term care facility, call 1-800-231-4024. As always, if it is a medical emergency, please call 911 immediately.

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Low Quality of Care at For-Profit Nursing Homes May Lead to More California Elder Abuse

Mon, 12 Dec 2011 11:14:29 -0800

America’s largest for-profit nursing homes deliver significantly lower quality of care, according to a new study conducted by the University of California San Francisco (UCSF). The UCSF-led analysis of quality of care at nursing homes around the country is the first-ever study focusing solely on staffing and quality at the 10 largest for-profit chains.

The reason for lower quality of care at large for-profit nursing homes, the study reports, is that such facilities usually have fewer staff nurses than non-profit and government-owned nursing homes. Our San Diego nursing home abuse lawyers know that lower staff numbers typically mean less one-on-one care and personalized attention. It can also mean that when such homes are short-staffed, important tasks may be rushed or paperwork may be missed.

The study, which will be published in Health Services Research, found that poor quality of care is prevalent at many nursing homes. However, the worst offenders are the largest for-profit chains because that is where the most serious problems generally occur.

According to one author, Charlene Harrington, RN, PhD, the top 10 nursing home chains employ a strategy that fails to make quality care a priority. They keep labor costs low in order to increase profits. Importantly, low nurse staffing levels are considered the strongest predictor of poor nursing home quality. Poor nursing home care can lead to California elder abuse or neglect, such as lack of supervision, painful bed sores, or infections. Large nursing home chains keep costs low by reducing staff, particularly RN staff.
The top 10 largest for-profit chains control approximately 13% of the nation’s nursing home beds. This is particularly concerning since California’s adult care budget repeatedly has been slashed and more and more families are being forced to institutionalize their elderly loved ones due to a lack of services in the community.

The study reports that the 10 largest for-profit chains in 2008 were HCR Manor Care, Golden Living, Life Care Centers of America, Kindred Healthcare, Genesis HealthCare Corporation, Sun Health Care Group, Inc., SavaSeniorCare LLC, Extendicare Health Services, Inc., National Health Care Corporation, and Skilled HealthCare, LLC.

If you’re wondering why a study such as this one is so important, attorneys practicing in this area know that the 10 largest for-profit chains were cited for higher percentages of deficiencies, as well as higher percentages of serious deficiencies, than the best facilities. Additionally, the 10 largest for-profit chains in 2008 had the sickest residents, yet had total nursing hours that were 30% lower than non-profit and government nursing homes.

The UCSF study recommended “greater accountability and quality oversight mechanisms” because they would “help improve nursing home care, along with effective funding incentives and sanctions for low staffing and poor quality.”

San Diego Nursing Home Abuse Attorneys Warn Seniors About Common Scams Targeting Elders

Mon, 05 Dec 2011 10:31:34 -0800

Our San Diego nursing home abuse lawyers know that the holidays are a great time to check in on loved ones, including seniors. It can be easy to get caught up in the holiday hustle and bustle, but a simple phone call to your loved ones to let them know you are thinking about them can go a long way. The holidays can also be a good time to check on the medical care your loved ones are receiving and to make sure they do not have any concerns about their finances.

Unfortunately, the holidays are also a time when unscrupulous scammers target senior citizens. A recent news article in the Mission Times Courier describes several common scams that often target elders. California elder financial abuse is a growing concern across the state, as well as across the nation. The article provides several examples offered by the San Diego Police Department of the kinds of schemes to which seniors are particularly vulnerable.

The Grandparent Scam

This common scheme involves a scammer posing as a grandchild in distress and asking his or her supposed grandparent for monetary assistance. Typically, a senior will receive a call from an unknown person who will immediately say “Grandma” or “Grandpa” after the victim answers the phone. The victim then will respond by stating the name of his or her grandchild (for example, “John” or “Jane”) to which the caller will say, “Yes, this is your grandson, John.” The caller will say they have gotten into trouble in a foreign country. For example, they may claim to need emergency surgery or that they have been arrested. The caller then will ask the victim to immediately wire money in the name of an unknown third party.

All seniors should be wary of such schemes. If this occurs, the senior should call a “good” phone number for his or her grandchild or confirm with the grandchild’s parents that the grandchild is in fact out of the country before wiring the money. Once the money is sent and received, it is gone for good!

The “International Lottery” Scam

Our San Diego elder abuse attorneys have also learned that the “International Lottery” scam is another common telephone scam. The caller will inform the victim they have won a substantial amount of money from the lottery of another country, usually Jamaica or Canada. The victim then will be instructed to wire money to cover the “taxes” associated with the lottery prize.

If the victim sends money, he or she often will receive several more calls asking for additional money to cover other expenses, such as insurance or fees. The reality is that the victim will never receive any winnings because it is a violation of federal law to participate in an international lottery. Again, once money is wired and received, it will be gone for good!

As a general rule of thumb, offers that sound too good to be true usually are. When determining the authenticity of such offers, common sense can go a long way. It is a good idea to be on the lookout for suspicious offers and to warn seniors about schemes such as the ones described above.

Please remember that elder financial abuse cases should be reported at your local Adult Protective Services agency and law enforcement agency immediately. Also, if you are worried that an elderly loved one has been taken advantage of, please consult a qualified legal professional as soon as possible. The lawyers at the Walton Firm are well versed in San Diego elder abuse law and know how to protect the rights of California’s seniors.

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Nursing Home Where Maggots Infested Patient Also Cited For More Serious Violations

Mon, 28 Nov 2011 15:04:05 -0800

Our San Diego nursing home abuse lawyers know that neglect in assisted living facilities is a serious form of elder abuse. When those responsible for caring for our elderly fail to provide adequate care or violate health or safety standards, they must be held accountable.

Recently, a Michigan nursing home was investigated because maggots were discovered on a female patient. According to an article on AnnArbor.com, staff members at the home told a state inspector they had observed flies on or near the woman approximately two weeks before the maggots were discovered. The maggots were originally discovered because the 66-year-old woman had a catheter for a unitary tract infection. An incident report created by the nursing home stated that the woman was offered a shower when the maggots were found. According to the report, the woman refused the shower, so she was immediately given a bed bath by staff.

However, interviews with a state inspector provide a somewhat different version of events. During those interviews, staff members stated that the woman did not receive a shower because the nursing home did not have enough staff. One aide reported being instructed to document that the woman refused showers. A nurse manager also stated that she was instructed to report the discovery of maggots on the incident report as debridement, which is the medical removal of dead, damaged, or infected tissue. Doing so can increase the potential that the remaining healthy tissue will heal. The nurse manager reported that she was not allowed to put down “maggots” on the incident report.

The story reported that maggots were still present in the woman’s genital area three days after the initial discovery. At that point, the woman was still unable to get out of bed on her own. The woman was later hospitalized. She was diagnosed with septic shock secondary to a urinary tract infection, chronic skin ulcers, and kidney stones. She also had a broken hip due to bone thinning, as well as extensive skin changes due to poor hygiene and refusing to be turned. The patient did admit that she refused showers, but stated she did not refuse bed baths and received them from the staff. However, she stated that she reported the presence of flies in her room, but that staff members did nothing about it. She also stated that she requested that they clean her catheter, but that there were long periods when it was not cleaned.

Serious incidents such as the one here should not occur when nursing home residents are receiving proper medical care and attention. Such care includes adequate staffing so that residents can be checked on regularly and receive appropriate grooming. Generally unsanitary conditions of a facility or residents are signs of a negligent nursing home. As shocking as this incident was, the report revealed that the Michigan nursing home had also been cited for other, more serious violations. For example, violations included the failure to supervise residents confined to a wheelchair, which resulted in the residents being injured. The citations also included: failure to provide a sanitary, comfortable and orderly interior; failure to adequately monitor the fluid intake and output for a patient who became dehydrated; and failure to maintain complete staff personnel files and complete required certification, license, and background checks.

Negligent nursing home practices such as the violations that occurred at this nursing home would almost certainly violate California elder abuse law. If you believe that a loved one is experiencing elder abuse or neglect, please contact a qualified professional immediately. Our San Diego elder abuse attorneys have successfully sued nursing homes and other care facilities in civil courts for injuries caused in a custodial care setting. Our attorneys can be reached toll free at (866) 607-1325 or locally at (760) 607-1325.

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Elderly Sex Offender Assaults Fellow Nursing Home Residents

Mon, 21 Nov 2011 05:12:32 -0800

Less than one month after a convicted sex offender was committed to a nursing home, he began sexually assaulting fellow residents. According to a report in the Des Moines Register, state officials claim that medical experts did not consider 83-year-old William Cubbage to be sexual predator when they recommended moving him to the Pomeroy Care Center.

Yet since he moved into the nursing home facility, Cubbage—who previously had been convicted of sexual assault against both child and adult victims, including several young family members—has been accused of at least three separate sexual assaults involving different victims.

Our San Diego elder abuse lawyers know that sexual abuse can cause life-long trauma for victims and their families. In this case, it is particularly troubling that a convicted sex offender who still showed signs of sexual aggressive was placed in a facility where he could easily prey on vulnerable residents. Cubbage was committed to the nursing home by a judge against the advice of two state psychological examiners.

The first incident occurred when an elderly resident complained that Cubbage stuck his hands in her pants. In a separate incident, a nursing home worker had to intervene when Cubbage allegedly took a different resident into the bathroom and tried to pull off her pants. Workers at the facility also described other occurrences during which Cubbage and another sex offender, who also lives at the Pomeroy Care Center, accosted other residents or chased after school children volunteering at the center.

The most recent incident occurred when a young girl reported to police that she saw Cubbage in an elderly woman’s room with his hands between the woman’s legs. The victim was apparently yelling “No, no, no!” The child’s allegations were corroborated by the physical injuries the elderly woman sustained and by statements from workers at the home.

State inspectors fined the nursing home $10,000. Cubbage apparently still lives at the facility.

According to the National Institute of Justice, victims of elder sexual abuse in assisted living situations face a lower likelihood than those living independently that charges will be brought and the perpetrator found guilty. Perpetrators are more likely to be charged when their victims display signs of physical trauma. However, the older a victim is, the less likely it is that the perpetrator will be convicted.

It is terrible to think that one’s loved ones could become a victim of abuse, especially in a setting where they should receive appropriate care and attention. Unfortunately, California elder abuse is common and frequently goes unreported. Abuse or neglect can take many forms, and it can be committed by a caretaker or even by another resident, as was the case here.

If you are concerned that your elderly friends or loved ones may be at risk for sexual abuse, be on the look out for the following signs and symptoms:
- Suspicious or unexplained cuts or bruises on their bodies
- Signs of anxiety or depression; mood swings
- Isolating themselves from other residents
- Weight loss or gain
- Signs that they are fearful or less forthcoming than usual

Every senior deserves to be free from abuse. The San Diego nursing home abuse attorneys at the Walton Firm know how to present a strong case and protect your loved one’s rights. We do everything we can to get nursing home abuse victims the justice they deserve.

See Our Related Blog Posts:

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California Adult Day Health Care Program Again Threatened With Elimination

Mon, 14 Nov 2011 09:18:33 -0800

Last summer, our San Diego elder abuse attorney explained that state budget cuts threatened to do away with California’s Adult Day Health Care (ADHC) system. The system was established in the 1970s, partially as a response to stories of nursing home abuse or neglect. According to a report in the San Jose Mercury News, the cuts that many seniors, their caretakers, and elder advocates have feared for months will take effect on December 1, 2011.

The cuts will eliminate funding for day programs for thousands of seniors and the disabled. Some relatives fear that they now will have to institutionalize their loved ones. Others worry that they will have to quit their jobs or reduce their workload in a job market that is not tolerant of the need for flexibility. At the same time, an increase in San Diego elder abuse or neglect could occur as many seniors are institutionalized or transitioned into programs where initially caretakers will not be familiar with individual residents’ needs.

California’s ADHC system was initially designed to be a cost effective way to keep elders healthy while still enabling them to remain in the community. Seniors involved in the program typically attend adult day care centers a few days per week, which allow them to participate in group activities and exercise. Qualified personnel such as nurses, physical therapists, occupational therapists, and social workers are generally present to help address any medical needs.

The threat of budget cuts has already caused 23 adult day care centers to close this year. Three others plan to close by the end of November. At the end of the year, according to the San Jose Mercury News, the state will end $169 million in annual Medi-Cal funding for 35,000 people in 287 adult day health care programs throughout California, that is, unless a pending lawsuit blocks the state’s plan.

Despite the concerns of staff currently working at adult day care programs, state leaders say there are alternatives to institutionalization or to family members bearing the entire burden of caring for their loved ones. State leaders are transitioning elders and disabled individuals into Medi-Cal managed care plans. They also hope to expand programs that help coordinate care and provide in-home services and other support. Norman Williams, spokesman for the California Department of Health Care Services, stated that the department’s “top goal is to make sure recipients are transferred into services that meet their needs and allow them to remain in the community.”

However, Disability Rights California and other groups have sued the state, seeking a preliminary injunction to block the budget cuts. The lawsuit alleges that the plan will deprive people of their rights under the Americans with Disabilities Act (ADA) because it fails to do enough to enable them to remain in the community and to avoid institutionalization. The ADA prohibits discrimination based on disability and provides protections for Americans who suffer from a “physical or mental impairment that substantially limits a major life activity.” As seniors are shuffled around in order to accommodate state budget cuts, North County elder abuse lawsuits also may be filed if elders are harmed during the transition.

Understaffing Cited as a Major Source of California Nursing Home Abuse

Mon, 07 Nov 2011 08:58:43 -0800

According to a recent report by All Voices, understaffing is a prevalent problem in local nursing homes. Our San Diego nursing home abuse attorneys know that understaffing at California nursing homes is a serious issue because it has consistently been shown to lead to increased instances of elder abuse or neglect. For example, at facilities where there is understaffing, caretakers may become frustrated and impatient with residents who need extra care and attention. When nursing home employees are overworked due to understaffing, residents often face a higher risk of injuries—e.g. from wandering or falls—due to inadequate supervision.

The latest report listed California as one of the states with the highest rate of elder abuse. Approximately 33% of nursing homes have been reported for abuse. According to the report, 89% of those abused in nursing homes never report their abuse. Tragically, per the reasonable standards laid out by a variety of organization, a tragic 90% of nursing homes do not have adequate staffing. Clearly, it is a problem that can have serious implications for California nursing home residents and their loved ones. Specifically, understaffing can lead to many significant problems, including: low staff to patient ratios, under training, high levels of staff stress and burnout, high staff turnover, false charting, and under- or over-medication.

According to the Center for Disease Control’s 2004 report on nursing homes, the current nursing staff to patient ratio is 1 nursing staff member for every 1.64 residents. Low staff-to-patient ratios mean that employees must undertake too many tasks, so there is not enough time for staff members to spend adequate time with residents. The result is that the amount of time recommended per day for staff to spend with residents is not being met. For example, the federal government suggests that staff members should spend 3.45 hours per day with a resident. Nursing home experts recommend even more face time with staff at 4 hours per day. The U.S. Department of Health and Human Services recently proposed requiring nursing home aides to spend a minimum of 2 hours per day with each resident, but 53% of nursing homes presently do not meet this standard.

Another serious effect of understaffing is that nursing home staff may be undertrained. Since staff-to-patient ratios are often so low, employees are frequently faced with completing tasks that they have not been trained to perform. Our San Diego elder abuse lawyers previously explained that facilities where staff members feel supported and well trained also report better rates of satisfaction from their residents. When understaffing occurs, however, nursing home employees usually experience high levels of stress and burnout, which frequently leads to high rates of staff turnover. Staff turnover disrupts patient care and also contributes to the problem of inadequate training. If staff members are stressed out and burnt out, they can lose compassion and respect for their residents, which can lead to California elder abuse.

Fall While Receiving California Home Care Leads To Elder Abuse Lawsuit

Tue, 01 Nov 2011 12:00:18 -0800

Falls are a serious problem in California nursing homes and can have serious health consequences for elderly residents. The attorneys at the Walton Law Firm know that a nursing home with 100 beds will have approximately 200 falls a year, many of which will go unreported. Nursing facilities should prevent falls for their residents whenever possible. Serious falls in custodial settings can result in death or drastically alter the quality of living for California seniors.

To prevent falls, nursing home residents should be evaluated for their fall risk when they are admitted, and that assessment should be updated as a resident’s condition changes. Caretakers should consider a resident’s medical conditions and other possible risk factors, such as a resident’s overall mobility or access to fall prevention devices such as bed or tab alarms.

According to a report at Petaluma360.com, a Petaluma woman has filed a California nursing home abuse lawsuit, alleging that her 80-year-old mother suffered from malnutrition, dehydration, and infection that resulted in hospitalization due to nursing home negligence, neglect, and misrepresentation. The woman claims that her mother sustained several injuries, including a broken hip, while receiving home care from Accentcare Home Health of California, Inc.

Nursing home falls can occur for a number of reasons such as inadequate fall risk assessment upon admission, inadequate staffing, and/or inadequate supervision. The Petaluma lawsuit alleges that the senior fell while at home because home health care workers left her unattended even though they knew she suffered from dementia and was at risk for falls. Improper monitoring is a common mistake that caretakers in nursing home facilities make. As our attorneys know, those facilities must make provisions for adequate staffing in order to prevent dangerous falls which includes noting the residents that require close observation.

After her fall, the senior in this case lived at Petaluma Health and Rehabilitation where she was to receive more intensive care. While living there, however, the elderly woman was allegedly denied appropriate care and treatment that included food, hydration, wound care, monitoring, and assessment. As a result, she was hospitalized for malnutrition, dehydration, and serious infections. The elderly woman is now in hospice care.

The allegations against the Petaluma Health and Rehabilitation include failure to provide an adequate number of qualified staff to carry out all functions at the facility. The family of the injured woman claims that an employee misrepresented the quality of care that their mother would receive at the facility, namely that their mother would receive the care and services of specialists and staff that did not exist at the facility.

Debate Over $91.5 Million Nursing Home Abuse Verdict Continues

Tue, 25 Oct 2011 09:10:06 -0800

Our San Diego nursing home abuse lawyers help families every day who are concerned about the care their loved ones are receiving at California nursing facilities. We know that seniors are valued members of our society and that they deserve the best possible care. We also strongly believe that poor care should not be tolerated under any circumstances.

Recently, a large verdict was awarded in a serious elder abuse case in West Virginia. According to reports in the Charleston Daily Mail and The State Journal, earlier this year, a jury awarded $91.5 million to the family of 87-year-old Dorothy Douglas, finding that the nursing home’s serious neglect caused the elderly woman’s 2009 death. The plaintiffs’ claimed that Ms. Douglas died as a result of severe dehydration and neglect from the nursing home. After less than three weeks at the facility, the elderly woman was in a comatose state, unresponsive, not walking, and not able to feed herself. According to the family, Ms. Douglas’ son worked tirelessly to have his mother transferred out of the facility, but paperwork problems prevented the transfer. Sadly, Ms. Douglas passed away from complications from dehydration before a change could be made.

The jury decided that the family should receive $11.5 million in compensatory damages as well as $80 million in punitive damages, indicating that the jurors wanted to send a strong message to the nursing home. When the verdict came down, debate ensued due to the size of the award and regarding whether state medical liability caps should apply. Medical liability caps are sometimes created because state legislators fear increased insurance costs and diminished availability of professional liability insurance. In this case, the jury returned a verdict that 20 percent of responsibility for the negligence claim dealt with medical professional negligence and 80 percent was ordinary negligence. That likely means that 20 percent would fall under the legislation, but 80 percent would not. At the time, West Virginia Association for Justice President Paul T. Farrell Jr. explained that $11 million was awarded for the death and $80 million was awarded to punish the nursing home for intentional misconduct.

Debate has again arisen because a circuit judge recently entered a judgment order reducing a portion of the $91.5 million jury award, according to the Charleston Daily Mail. The judge’s order reduced a $5 million segment of the award to a maximum of $4,594,615, but did not significantly reduce the total jury decision as the defendant nursing home had hoped.

Large verdicts in San Diego nursing home negligence lawsuits are not only possible, but can often be appropriate. Such verdicts can call attention to improper care in nursing homes and send a message that when nursing facilities in California and elsewhere fail to comply with health care standards, tragic consequences can occur. Unfortunately, it is often the people who are responsible for caring for our elderly loved ones who commit acts of abuse or neglect—whether it is emotional, physical, sexual, or financial abuse.