• Suspect nursing home abuse or neglect?
  • KNOW THE SIGNS
  • KNOW YOUR RIGHTS
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According to a recent article from Kaiser Health News and NPR, proposed federal rules are aiming at “modernizing” nursing home safety requirements across the country. What does modernization mean in this context? Given that the proposal contains “hundreds of pages of proposed changes,” which “cover everything from meal times to use of antipsychotic drugs to staffing,” it looks like modernization would require quite a bit of effort. In all likelihood, such modernization is deeply needed to help prevent nursing home neglect at facilities in California and throughout the nation.

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Better Technology Requires Revision to the Rules

If approved the proposed rules will require nursing homes comply in order to qualify for payments from Medicare and Medicaid. Medicare officials also think it’s time for a change. According to Dr. Shari Ling, the deputy chief medical officer for Medicare, “the existing regulations don’t even conceive of electronic communications the way they exist today.”

In addition, as Ling explains, the rules need to be revised since “there have been significant advances in the science and delivery of health care that just weren’t imagined at the time the rules were originally written.” For instance, Ling points out, “the risks of antipsychotic medications and overuse of antibiotics are now clearly known, when previously they were thought to be harmless.” Given such shifts in technology and knowledge, the proposed regulations have a specific section about how electronic health records should be managed.

Making Nursing Homes a Safer Place to Live

What else, specifically, will nursing homes need to do in order to prevent patient injuries and to help make these facilities safer and healthier places to live? While we can’t detail the information in the hundreds of pages that make up the proposed revisions to the rules, we can provide you with some of the highlights, including but not limited to the following:

  • Strengthening infection control;
  • Minimizing antibiotics and antipsychotic drugs;
  • Promoting individualized care to “help make nursing homes feel more like home” by allowing residents to have snacks and meals at “non-traditional times or outside scheduled meal times”;
  • Allowing nursing home residents to choose their roommates;
  • Training nurses in dementia care;
  • Training nurses in elder abuse prevention; and
  • Reporting of staffing levels, which will be reviewed by Medicare officials.

Commentators suggest that elder advocates won’t be pleased that the proposed changes don’t address a specific nurse-to-resident ratio, and that revisions to the rules won’t involve specifics on enforcement.

However, requiring additional training for nurses can go a long way in helping to reduce the number of injuries caused by nursing home abuse and neglect. While deepening the skill sets of staff members won’t necessarily change the number of nurses at each facility, officials believe that better training can help “to provide the nursing care a resident needs rather than a static number of staff hours of nursing care that does not consider resident characteristics.”

And changes such as those allowing residents to choose the person or persons with whom they’ll room can have a big impact on someone’s daily well-being. As the proposed rules explain, given that nursing facilities aren’t just medical-care centers but also homes, it’s important for residents to feel the same way. The roommate provision “would provide for a rooming arrangement that could include a same-sex couple, siblings, other relatives, long term friends, or any other combination.”

Officials are hopeful that changes to the rules will make enforcement easier by making violations clearer to investigators. In the meantime, if you have concerns about nursing home abuse or neglect in a Southern California facility, you should contact an experienced San Diego nursing home abuse lawyer as soon as possible.

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California’s Senior Legislature Wants to Continue its Advocacy Work

Chemical Restraints and Nursing Home Abuse

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According to a recent article from Kaiser Health News, until recently, a California law permitted nursing homes to make decisions—include about end-of-life care—for nursing home residents who have been declared incompetent. However, a state court recently held that the law, which was enacted more than twenty years ago, is unconstitutional.7750519890_1720d30f09

Nursing Homes Cannot Violate Patients’ Rights

The law remained in effect until Alameda County Superior Court Judge Evelio M. Grillo ruled that the law is unconstitutional in a decision that came down at the end of last month. As the judge explained, “the law violates patients’ due process rights because it doesn’t require nursing homes to notify patients they have been deemed incapacitated or to give them the chance to object.” While Grillo indicated that he knows the decision “is likely to cause problems” for regular nursing home operations, it’s more important to put nursing home patients’ rights above practical logistics.

Initially, legislators saw the law as a tool to allow nursing facilities to “give medical treatment to their incapacitated residents without having to wait up to six months for state approval.” Yet elder rights advocates have been pushing to move away from the tenets of that law for quite some time. To be sure, the California Advocates for Nursing Home Reform (CANHR) filed a lawsuit against the California Department of Public Health in 2013 alleging that “nursing homes used the law to administer anti-psychotic drugs, place residents in physical restraints, and deny patients life-sustaining treatment.” In other words, advocates have voiced serious concerns about whether the law is being used as it was intended.

Patients need to have input in end-of-life decisions, in particular, Judge Grillo’s ruling emphasized. In making his decision, the judge cited a 2013 case in which a nursing home resident who had been deemed mentally incapacitated was taken off life-sustaining treatment without his input. He died shortly thereafter.

Acknowledging Rights, Regardless of Capacity

Citing the recently overturned law, backers of the CANHR underscored that, with Grillo’s ruling, “residents are finally going to have their rights acknowledged and honored.” Indeed, as one CANHR advocate clarified, “what nursing homes used to do was routinely make decisions big and small for their residents without really any regard to due process.” The Alameda decision will hopefully change that. And advocates hope that Grillo’s ruling will also make nursing home residents without representatives more of a priority for the California Department of Public Health.

The ruling may pose difficulties in certain nursing home situations, however. As one commentator pointed out, we need to think about scenarios in which nursing home residents lack mental capacity but don’t have representatives, and they object to certain treatment. How are facilities supposed to handle such a situation? And while allowing patients who lack capacity to object to antipsychotic medication may be useful in facilities alleged to be overmedicating, what if a patient who “truly needs” an antipsychotic drug objects to taking it? Such a scenario could pose safety issues to staff and other residents.

While Judge Grillo did note the possibility of certain difficulties in nursing homes given his recent ruling, he nonetheless emphasized that “informing patients and allowing them to object is not likely to result in any significant burdens on nursing homes.”

Contact a San Diego Elder Abuse Lawyer

Nursing home abuse and neglect are serious problems at California nursing homes and assisted-living facilities. In many cases, signs of neglect aren’t always strikingly obvious. If you have concerns about whether your elderly loved one’s rights have been violated in a nursing home, it’s important to discuss your case with an experienced San Diego nursing home abuse attorney. Contact the Walton Law Firm today to learn more about our services.

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A common blood-thinning drug, Coumadin, has been cited as the cause for numerous deaths in nursing homes, according to a recent article in the Washington Post. What’s the problem with Coumadin? In short, it requires that a very precise amount be administered to patients, and either too much or too little of the medication can result in fatal injuries to the elderly.12175858204_36c6287934

What is Coumadin?

According to WebMD, Coumadin is the brand name for the generic drug Warfarin. It’s generally used to treat blood clots, or to prevent clots from forming (and thus to help reduce a patient’s risk of a stroke or a heart attack). This medication often is described as a blood thinner, but as WebMD explains, “the more correct term is anticoagulant.” Coumadin, when used properly, can decrease the clotting proteins in your blood, which ultimately can help blood to flow better if there’s a risk of clotting.

But this medication comes with very serious risks. As the Washington Post article articulates, failing to maintain a “delicate balance” of Coumadin can lead to death. Indeed, “the drug must be carefully calibrated: too much, and you can bleed uncontrollably; too little, and you can develop life-threatening clots.”

Nursing Home Fatalities Caused by Coumadin

Between 2011 and 2014, “at least 165 nursing home residents were hospitalized or died after errors involving Coumadin or its generic version, warfarin.” During that period, 18 residents in California nursing homes suffered fatal injuries from the drug. And studies suggest that thousands of injuries each year likely occur as a result of using Coumadin, but those injuries aren’t investigated. As such, they don’t show up in the data reported.

According to Rod Baird, the president of Geriatric Practice Management, Coumadin is “an insidious problem.” To be sure, Baird described it as “the most dangerous drug in America.” While nursing homes have been under scrutiny for the overuse of antipsychotic medications—particularly among patients who suffer from dementia—these facilities haven’t seen much scrutiny over the ways in which Coumadin is administered and patients are monitored. Although Coumadin can benefit nursing home patients, it has also resulted in serious and fatal injuries.

For instance, and 85-year-old nursing home patient on Coumadin was discovered with bruises covering his body and blood oozing from his gums. That patient had been taking Coumadin because of abnormal heart rhythm, but the drug wasn’t calibrated properly for him and led to severe bleeding. An 89-year-old grandmother in San Diego, Dolores Huss, also recently suffered internal bleeding from the drug. Her injuries proved fatal. Huss received an antibiotic that “multiplied the effects of Coumadin,” and she didn’t have additional blood tests done to determine the rate at which her blood was clotting.

Nearly eight years ago, a study in the American Journal of Medicine suggested that “nursing home residents suffer 34,000 fatal, life-threatening, or serious events related to the drug each year,” and Coumadin often accounts for more medical errors in nursing homes than other drugs. Yet the problems with this drug aren’t obvious to those who haven’t been affected, since officials aren’t making clear the risks that come with taking Coumadin. Although many of the facilities in which patients have been harmed by the medication have received fines, thousands of seniors continue to take Coumadin, and they may not be receiving the kind of monitoring that is necessary to prevent severe or deadly injuries.

If your elderly loved one recently suffered injuries after taking Coumadin, you should discuss your case with an experienced San Diego nursing home abuse attorney. Contact the Walton Law Firm today to learn more about how we can assist you.

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Campaign Against Elder Abuse in California

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When the costs of nursing home care are too high to provide families with seemingly decent options, do the risks of nursing home abuse and neglect become more prominent? According to a recent article from The Associated Press, elderly Americans are realizing that, if they require care in a nursing home, they’ll quickly outlive the amount of money they’ve managed to save. Indeed, “for the two-thirds of Americans over 65 who are expected to need some long-term care, the costs are increasingly beyond reach.” But will lower-cost options result in a lower quality of care?5846273434_ffcbff26a6

Unreachable Costs of Care

How much does it cost to receive long-term care? According to the article, “the median bill for a private room in a U.S. nursing home now runs $91,000 a year,” and “one year of visits from home-health aides runs $45,760.” Those numbers are even higher in California.

Based on data collected by Genworth Financial, the annual cost of a home health aide in our state is $52,624, while the annual cost of a private room in a nursing home is $104,025. While the cost of home health care isn’t expected to rise drastically in the coming years, Genworth does predict a 5-year annual growth of 4 percent when it comes to nursing home care in the state. And when we look at the numbers for San Diego in particular, we see even higher costs of nursing home care. For a private room in San Diego, the current annual cost of nursing home care is $127,750, and Genworth predicts a 5-year annual growth of 7 percent.

Even when seniors get a Social Security check each month, they’re still in need of thousands of dollars to cover the remaining cost of care in the average facility. Does the gap between ability to pay and cost of care result in elderly Americans seeking out options that cost less but provide a lower quality of care?

Bridging the Gap Between Income and Cost

For middle-class Americans between 55-64, the median balance in retirement accounts is $104,000. When you take into account that Medicare won’t cover long-term stays in nursing homes, you have to figure that most seniors who are firmly in the middle class and require this level of care will end up paying hundreds of thousands of dollars out of pocket. To be sure, they’re unlikely to qualify for Medicaid based on income and savings. However, their retirement accounts probably don’t have enough to cover the cost of a multi-year stay in a nursing home.

Some people save money by switching to shared rooms, which run, on average, “$11,000 a year less than a private room.” But when people can’t pay their bills at nursing homes, they can be evicted. Indeed, the article tells the story of a resident whose added dementia care and frequent trips to the emergency room—costs that weren’t covered by Medicaid—resulted in a 30-day notice to “find a new home.” When this happens, seniors can receive inadequate care, and they can sustain serious and even fatal injuries.

No matter what kind of care your elderly loved one receives, it’s important to know that older adults have rights. Regardless of the cost of a facility or of home care, elderly Californians should not become victims of elder abuse or neglect. If you are worried about the health or safety of your parent or loved one, contact an experienced San Diego nursing home neglect attorney today to find out more about how we can help.

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Campaign Against Elder Abuse in California

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The Centers for Medicare & Medicaid Services (CMS) recently proposed a rule forbidding nursing homes from “requiring residents to sign binding arbitration agreements,” and according to a recent article in Modern Healthcare, the rule is “long overdue.” While California currently requires nursing homes to use only voluntary arbitration agreements—something that the American Health Care Association has been seeking—even voluntary agreements can pose problems for nursing home residents in the event of an elder abuse claim.6337308344_52480361a7

Are Voluntary Agreements Always Voluntary?

To have a better understanding of why even voluntary arbitration agreements might not be so great, it’s important to recognize why nursing homes and other facilities use them in the first place. In short, they “help nursing homes avoid costly litigation.” In other words, if a patient (or her family) thinks about filing a nursing home neglect lawsuit, an arbitration agreement can prevent her from doing so. Instead, she’ll have to go through arbitration. And many arbitration agreements—even voluntary ones—appear amidst a lot of other paperwork that appears when a patient enters a nursing home.

It’s clear that mandatory arbitration agreements are detrimental to patients. But given that California already requires voluntary agreements, do those ultimately end up working any differently? According to one California elder law advocate, “every one of us could tell you horror stories about these arbitration agreements because they’re used for the wrong reasons all the time.” To be sure, the proposed rule “might not solve the issue of residents feeling as if they have no choice but to sign even voluntary agreements.”

The proposed rule does include language about requiring facilities to ensure that, when residents sign a voluntary arbitration agreement, they know what they’re signing. In particular, the drafters of the rule are concerned about the unequal bargaining power between nursing homes and residents who need care. To contend with that possibility, the rule instructs facilities to explain the language in an arbitration agreement “to the resident in a form, manner, and language that he or she understands, and have the resident acknowledge that he or she understands the agreement.”

Looking Out for the Patient’s Side of the Story

But even if a nursing home must explain an arbitration agreement in plain language to a resident, can we really trust that the resident truly understands what she’s signing? According to Stephen Ware, a law professor at the University of Kansas, “you can imagine the nursing home’s witness giving his or her side of that story, and you can imagine the resident or resident’s child giving his or her side of that conversation.”

Ware also has concerns about “who might be assigned to explain the agreements to residents.” Indeed, “detailed training would be needed” to ensure that elderly patients have a grasp on the language they’re hearing. The University of Kansas professor suggests that a uniform document that explains voluntary arbitration agreements could be particularly useful.

And in California, advocates contend that voluntary arbitration agreements simply look like they’re “part of the admissions packet” to a nursing home. In other words, even if patients aren’t absolutely required to sign, it looks like they’re required based on how the paperwork is presented.

If you are concerned about a loved one’s safety in a Southern California nursing home, it’s important to connect with a San Diego nursing home abuse lawyer about your case. Contact the Walton Law Firm today.

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Chemical Restraints and Nursing Home Abuse

Campaign Against Elder Abuse in California

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For the last 35 years, California’s Senior Legislature has been advocating for the rights of older adults throughout the state. Indeed, according to a recent report from NBC News, the ground has been proposing laws to state legislators aimed at preventing elder abuse throughout its tenure. Now, however, the advocacy group is facing a serious problem with funds and is taking steps to ensure that it retains a voice when it comes to lawmaking and the rights of the elderly in California.Getting from Here to There

Long-Time Group Advocates for Seniors’ Rights

The California Senior Legislature currently has 120 members, all of whom are volunteers. Its members come from a variety of cities throughout the state, from Southern California to the Bay Area. Each of the members, according to NBC News, is elected from separate senior organizations in their respective cities. “Throughout its history,” the report states, “the group has proposed a myriad of laws dealing with topics ranging from elder abuse to senior health issues.” Legislators recall members of the group actually walking through the state capitol in order to personally track down legislators and encourage them to carry proposals created by the group.

Some examples of the group’s work include the following:

  • A proposal to “force public buildings to add rails to staircases”;
  • Creation of a “senior notification system” in the event of a natural disasters; and
  • Proposal to use California’s Amber Alert system “to put out the word for missing seniors suffering from dementia.”

As of now, nearly 200 of California’s Senior Legislature’s proposal have become law.

Increasing Need for Advocacy, Fewer Funds

Given that California’s senior population is growing—and will only continue to grow in the next two decades—the need for the group’s advocacy “is at a premium.” To be sure, according to the California Department of Aging, between 1990 and 2020 California will have seen an increase in the elderly population of about 112 percent.

Despite the need for advocates for the elderly, California’s Senior Legislature is losing funding. The advocacy groups continue to lose money each year, and this year it plans to turn to electronic communication rather than in-person meetings to save on funds. The members hope they’ll be able to stay in business, so to speak, and so do legislators who have seen the positive effects of the group’s work.

According to Lauren Rolfe, a Senior Legislator, the California legislature passed the Amber Alert proposal. During its first year, the system “was activated 189 times,” Role reported. And because of the effectiveness of the system, “all but 10 of the instances resulted in the safe recovery of the missing person.” Indeed, Democratic Assemblyman Marc Levine emphasized that the group certainly is “effective—forceful for their advocates.” He remarked upon each of the members’ impressive level of engagement in state politics. In short, California needs advocates to ensure that nursing home abuse and elder neglect reforms are proposed and put into law.

Do you have concerns about elder abuse at a California nursing home or assisted living facility? While efforts are being made in California to reduce rates of nursing home abuse and neglect, crimes against the elderly continue to be problematic in our state. Don’t hesitate to contact an aggressive San Diego nursing home abuse attorney if you have questions.

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Nursing homes in California continue to receive warnings from the U.S. Food and Drug Administration (FDA) about the use of antipsychotic medications given to elderly residents, yet the use of chemical restraints continues. Indeed, according to a recent news story from ABC News 10, nearly fifty nursing homes in our state “rate below average for the use of antipsychotic drugs.” Does the use of chemical restraints constitute nursing home abuse?3056268889_8235784d86

Dementia and Antipsychotic Medications

Many of us know that elderly nursing home residents, particularly those who have been diagnosed with dementia, may be prescribed antipsychotic medications in order to chemically “restrain” them. For those of us with loved ones residing in these facilities, it can be frustrating to learn that off-label drug use is taking place when it’s unnecessary and could lead to serious harms.

In case you didn’t know the frequency of these antipsychotic medications in nursing homes, the Centers for Medicare and Medicaid Services and the Government Accountability Office report that “one out of every three elderly nursing home residents diagnosed with dementia” ends up being prescribed such drugs.

But these drugs can be deadly, the FDA emphasizes. To be sure, the FDA underlines that they’re “heavy tranquilizers” that “have been linked to heart failure.” As such, the FDA required that a warning label be placed on Haldol, one of the more common antipsychotic drugs prescribed in the nursing-home setting. Why are they still being used if they pose unnecessary risks? And how can we prevent nursing homes from prescribing these medications to our loved ones?

Recent Report of Haldol Death in Sacramento Nursing Home

An investigative report on an elderly resident of a Northern California nursing home suggests that it may be more difficult than we’d like to believe to make sure that older adults—even those without dementia—aren’t prescribed these dangerous medications.

According to ABC News 10, the death of Genine Zizzo, 82, an elderly resident at Roseville Point Health and Wellness Center, illustrates some of the key problems linked to chemical restraints for older adults. Let’s take a look at the facts of the situation. Zizzo was admitted to the facility after suffering a fall at her home. The facility was supposed to provide physical therapy, reported Zizzo’s daughter, Marisa Conover. Yet Zizzo died only 12 days after being admitted to Roseville.

Conover emphasizes that when her mother entered the facility, “she was assessed . . . as a well-developed, well-nourished 82-year-old female complaining of back pain.” Yet less than two weeks later, Zizzo was “being triaged to Kaiser as ill-appearing, obtunded, which is a medical term for being in a vegetative state.” Zizzo slipped from a “vegetative state” into a “coma,” and her death certificate indicates that she died from “multiple organ failures.” Before she was admitted to Roseville, Conover was promised that her mother would not receive any antipsychotic medications. Indeed, Conover recalls, “no antipsychotic drugs were to be used on my mother for any reason or under any conditions.” Yet Conover later learned—after Zizzo’s death—that her Roseville injected her mother with Haldol during her residency.

The Haldol allegedly was used to calm Zizzo, who, according to a nurse’s notes, had been “screaming at the top of her lungs.” As a “quick fix,” Zizzo was prescribed 2 milligrams of Haldol for her “continuous combative behavior and screaming.” Carole Herman, the founder of Foundation Aiding the Elderly, explained that drugs like Haldol are used “to control the patient, to keep them in place.” Indeed, as Herman articulated, “they can’t walk anymore. They’re not mobile, so it’s easier for them to care for them.”

After being given the Haldol, Zizzo “was slumped over in a wheelchair and barely able to tell her what happened.” Conover believes the Haldol caused her mother’s death, and the facility may be liable for nursing home abuse.

Contact a San Diego Nursing Home Abuse Attorney

Do you have concerns about your loved one’s safety in a California nursing home? Do you have questions about the legitimacy of chemical restraints? You should contact an experienced San Diego nursing home abuse lawyer as soon as possible to discuss your case.

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According to a recent article in the Orange County Register, Kerri Kasem has been heavily involved in a campaign against elder abuse that aims to both educate the community and change the laws on visitation. Kasem is the daughter of Casey Kasem, the radio personality who passed away last June. Given Kerri’s concerns that her father was suffering elder abuse at the hands of his wife, Kerri began campaigning for elder abuse awareness in California.9736400153_2289e66888

Family Caregivers Can Be Responsible for Abuse

Back in 2013, Kerri Kasem’s father had been suffering from Parkinson’s disease and was recently diagnosed with Lewy body dementia. He had previously been residing in a nursing home, but his wife, Kerri’s stepmother, soon became his sole caregiver. At that time, Kerri’s stepmother prevented any of Casey’s children from seeing him, and she cut off the former radio personality’s contact with the outside world.

According to Kerri, “she ripped out his phone lines . . . no phone calls or emails returned . . . we couldn’t get in to see my dad, no matter what we did.” According to the National Center on Elder Abuse (NCEA), caring for aging family members—particularly those with dementia—often triggers acts of abuse or neglect. Indeed, such caregiving relationships often become violent, with elderly dementia patients suffering physical harm at the hands of loved ones. In many cases the NCEA attributes this kind of elder caregiver abuse to be caused by the stress of caring for an ailing patient. More than one million elderly Americans suffer abuse from loved ones each year, according to Jennifer Ponce, a prevention education specialist with Laura’s House.

Whether or not caregiver stress plays a role in elder abuse, the patient deserves to be treated with care and respect. And emotional abuse is a serious problem for older adults who are receiving care from loved ones. As in Casey’s situation, one of the primary warning signs of emotional elder abuse is isolation. In other words, when a caregiver isolates the elder and “doesn’t let anyone in the home or speak to the elder,” it’s important to take action.

Changing the Laws Surrounding Emotional Abuse and the Elderly

In response to the emotional abuse Kerri feared her father was suffering, she filed a complaint in court. However, she soon realized that “there was no provision in California state law giving the judge the authority to rule on visitation.” Kerri eventually obtained a conservatorship, which provided her with access to her dad, but “she was outraged by the lack of legally enforceable visitation rights for the relatives of ailing adults.”

Kerri founded the Kasem Cares Foundation, which aims to prevent elder abuse and educate the community about its risks. One of Kerri’s first orders of business was to change the laws surrounding visitation. According to the article, “she proposed a visitation bill to her stepfather, attorney Robert Naylor, who collaborated with attorney Troy Martin, California senator Hannah-Beth Jackson, and California assemblyman Mike Gatto to draft a bill that is now in nine state legislatures.” Since then, versions of the legislation have been passed in multiple states. In California, the State Assembly unanimously passed such a bill, and it’s currently awaiting votes by the Senate.

Kerri believes that, if such a law had been in existence two years ago, her father would still be alive today. If you have concerns about an elderly loved one’s safety or have suspicions about elder emotional abuse, you should contact an experienced San Diego nursing home abuse lawyer today.

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According to a recent story from ABC 7 Eyewitness News Los Angeles, “California’s largest nursing home chain has come under fire from government regulators, facing a flurry of citations and penalties.” Indeed, Brius Healthcare Services will have to account for the numerous elder abuse allegations against its facilities across the state.341653009_14c3f29e39

Serious Violations in Brius Health Services Facilities

Over the course of the past year, Brius facilities have been investigated by the police, they’ve been sued for nursing home abuse, and they’ve been the target of investigations conducted by state and federal agencies that have issued violations. The company has 81 facilities in California, and they cover a wide expanse of the state. Indeed, the facilities stretch from “San Diego to Roseville to Eureka.”

What has led to the current scrutiny over these facilities when they’ve been identified as risky locations for nursing home residents long before now? According to the Sacramento Bee, the “final straw” for government regulators occurred when Courtney Cargill, a suicidal nursing home resident in Pasadena, checked herself out of the facility without any attention from the staff.

After she left the facility, Cargill purchased a gallon of gasoline, doused herself in the liquid, and lit herself on fire. She died less than a day later, the newspaper reported, “with second- and third-degree burns over 90 percent of her body.” After Cargill’s death, government regulators “decertified South Pasadena Convalescent in January and yanked its Medicare and Medi-Cal funding.” And that’s only one of the recent regulatory actions taken against Brius.

Who is to blame for the numerous nursing home abuse and neglect violations in the Brius facilities? Some commentators point to the owner of the chain, Schlomo Rechnitz, and his limited understanding of running residences for the elderly.

Newcomer Nursing Home Owner

Rechnitz has become the owner of many California nursing facilities in a relatively short time. To be sure, he has acquired all of the 81 facilities since 2006, “many of them through bankruptcy court.” The Sacramento Bee reported that Rechnitz’s chain has “grown so quickly that he now controls about 1 in every 14 nursing home beds in California, giving him an outsized influence on quality of care in the state.” With Rechnitz’s relative inexperience in managing these facilities, some elder advocates argue that the owner isn’t ensuring the proper quality of care in the many nursing homes he owns.

According to Molly Davies, the administrator of the long-term care ombudsman program in Los Angeles, “what we’re seeing at the Brius locations is quite concerning.” Davies elaborated about how her program has “seen patterns of poor care, patterns of substandard care in some of these facilities.” To be sure, Davies indicated that members of her staff reported witnessing a “flagrant disregard for human life in some Brius-owned facilities.”

In the last five years, the Centers for Medicare and Medicaid Services has only decertified six nursing home facilities (out of more than 1,200 licensed in the state). Three of those facilities—a whopping 50 percent of the total—belonged to Rechnitz. Decertification is a serious punishment—an “economic kiss of death that is extremely rare.”

Brius is now facing serious sanctions for the violations that have occurred at its facilities throughout California. We’ll need to wait and see whether many of these nursing homes remain in business.

Contact a San Diego Nursing Home Abuse Lawyer

If you have concerns about nursing home abuse and neglect at a Brius facility, you should contact an experienced San Diego nursing home abuse attorney as soon as possible. An advocate at the Walton Law Firm can help with your case.

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Every year on June 15th, the National Center on Elder Abuse (NCEA) and the Administration on Aging (AoA) provide awareness resources and prevention information for World Elder Abuse Awareness Day (WEAAD). According to a press release from the AoA, WEAAD was established in 2006 by several different global organizations that partnered to help stop elder abuse across the world.4015324803_d0e5839192

Elder Abuse and Neglect Occurs Across the Globe

In conjunction with the International Network for the Prevention of Elder Abuse and the World Health Organization at the United Nations, the NCEA and AoA hope to “provide an opportunity for communities around the world to promote a better understanding of abuse and neglect of older persons.” What kind of tools are necessary to help global citizens understand elder abuse and neglect? While age is a primary risk factor for sustaining injuries resulting from elder abuse, nursing home abuse and neglect isn’t limited to just one socioeconomic or ethnic group.

To be sure, the AoA emphasizes that it’s important to look at “cultural, social, economic, and demographic processes affecting elder abuse and neglect.” As the World Health Organization (WHO) points out, “in many parts of the world elder abuse occurs with little recognition or response.” And regions across the globe consider the subject to be taboo, and thus not one that’s open to large-scale awareness and prevention efforts. However, there is hope. WHO emphasizes that in some countries in which public discussions of abuse and neglect previously were avoided, it’s slowly becoming a topic of public health concern.

But don’t go thinking that nursing home abuse or elder neglect only occur in certain parts of the world. Both developing and developed countries have to contend with elder abuse injuries, and elder abuse and neglect are “typically underreported globally.” According to WHO, it’s important for primary health care providers, as well as social services employees, to have proper training for identifying and reporting elder abuse.

Awareness Day Encourages Communities to Help Prevent Nursing Home Abuse

While WEAAD is a great time to get involved in awareness programs in your community, at the same time, the activities in June can serve as a reminder of the kinds of programs we can create year-round. Some ideal activities for San Diego-area residents might include:

  • Helping to develop an educational program about nursing home abuse
  • Creating a press conference to discuss elder abuse problems in Southern California;
  • Volunteering at a local nursing home; and/or
  • Writing an editorial about elder abuse for publication in a local newspaper, such as U-T San Diego.

Remember, contending with the massive elder abuse problems across the country can’t resolve itself with an annual awareness day. However, each step helps, and WEAAD reminds us each year that we need to do more to combat elder abuse in San Diego and to assist elderly Californians who have been injured while residing in nursing homes or assisted-living facilities.

Do you have questions about how you can get involved with nursing home abuse prevention measures in Southern California? Or do you have concerns about an elderly loved one in a nearby nursing home or assisted-living facility? You should speak with an experienced San Diego nursing home abuse lawyer today.

Photo Credit: marcia shields photography via Compfight cc

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