Nursing Home Abuse and Neglect Blog

The City of San Marcos has partnered with Cal State San Marcos to put on the Because I Care resource fair. The fair will be held September 6, 2008 from 9:00 am to 3:00 pm at the San Marcos Senior Center located at 111 Richmar Ave., San Marcos, 92078.

The fair will hold 20 workshops on aging, family caregiving, and living healthy lives. Representatives from the Alzheimer’s Association, the Southern Caregivers Resource Center and the UCSD Shiley-Marcos Alzheimer’s Disease Research Center will be there.

For more information, and the agenda for the day's events, click here.

A Laguna Hills nursing home faces its second lawsuit for elder abuse in three years for the neglect of one of its residents. In both cases the resident died.

Theresa Sperry died in July 2007 after a short stay a Villa Valencia skilled nursing facility. The lawsuit alleges that with two weeks of admission, Sperry developed pressure ulcers on both of her heels that were left untreated, and worsened to the point of spreading to her muscles and exposing bone. The complaint also alleges that Villa Valencia was not adequately staffed to care for its residents.

Pressure ulcers (also called decubitus ulcers or bed sores) are a big problem in nursing homes. Walton Barber LLP has represented numerous nursing home residents who have developed very serious ulcers while under nursing home care. Most sores are a result of a combination of factors: poor nutrition, immobility, and neglectful treatment.

The Orange County nursing home lawsuit seeks unspecified damages.

Yesterday, the U.S. Census Bureau reported the number of citizens age 65 and older will more than double from their current number of 38.7 million to 88.5 million in 2050. The population of 85 and older is predicted to triple in number to 19 million from 5.4 million during the same period.

At the same time, the "working age" population, i.e. those aged 18 to 64 is expected to decrease to 57% of the popoluation from 63% currently. What this means is that there will be fewer people available to care for more elders. Will this cause an increase in nursing home abuse and/or neglect?

As any attorney who represents elders in elder abuse or elder neglect cases against nursing homes will tell you, the number one direct cause of elder abuse is a lack of staffing. Most elder abuse does not occur because the caregivers want to abuse/neglect their residents. It occurs because there aren't enough caregivers to perform all of the necessary tasks.

A University of Chicago study reveals that approximately 13 percent of elderly Americans experience some sort of mistreatment. The most common form of abuse was verbal, experienced by 9 percent of elderly Americans, then financial mistreatment, experienced by 3.5 percent, and then physical abuse, reported by .2 percent of the elderly.

“The population of the country is aging, and people now live with chronic diseases longer. So it’s important to understand, from a health perspective, how people are being treated as they age,” said lead author Edward Laumann, the George Herbert Mead Distinguished Service Professor in Sociology at the University of Chicago.

The study revealed variations in the abuse, depending on age and ethnicity, and females were twice as likely to report verbal mistreatment.

The complete study can be accessed here.

Despite having the same odds at recovery, elderly trauma patients are being steered away from top trauma hospitals while younger patients are getting the better care. A new study finds emergency medical personnel are systematically discriminating against seniors. The study examined 10 years of data from ambulance trips in the state of Maryland and found that nearly half of all patients over 65 were not sent to designated trauma centers for care compared to only 18% of younger trauma victims.

Here’s the video story:

Walton Barber LLP represents people who have been vicimized by elder abuse, elder neglect, mistreatment, and nursing malpractice. Cases are accepted in the counties of San Diego, Los Angeles, Orange, Riverside, San Bernardino, Ventura, and Imperial.

Residential care facilities for the elderly are a largely unregulated in California. Despite the fact that they house more than 100,000 Californians, many with limited mobility, there is currently no requirement that they maintain disaster readiness plan other than a one-page disaster plan. That soon may change.

Last week the California State Senate voted to support a bill promoted by Assemblywoman Lois Wolk that would require care facilities for the elderly to prepare for emergencies such as natural disasters or power outages. Wolk's bill requires a comprehensive plan for emergencies that enables a facility to be totally self-reliant for at least 72 hours. It would also require that the disaster plan be available for viewing by residents and local fire and police.

The bill, labeled AB 749, will be heard by the appropriations committee before debate on the assembly floor.

Elder abuse lawyers have all seen cases of residents being evicted from nursing homes, or refused readmission, for dubious reasons. We sometimes call it Medi-Cal prejudice; that is residents being refused admission to a nursing home for no other reasons than they are Medi-Cal recipients.

One former client of our firm called a nearby nursing home hoping to find a room for her mother, who was about to be discharged from the hospital. The first question from the nursing home was whether her mother was receiving Medi-Cal. Medicare, or private pay. When the daughter told the nursing facility her mother received Medi-Cal, she was promptly told there were no available beds, but that her mother could be put on a waiting list.

Being a nurse herself and believing there were available beds, the daughter called the same facility the following day to see if there was room for her mother. Using a different name, she again asked if there were available beds, and this time, after informing the nursing home her mother received Medicare, she was told there were several rooms available, and that the facility would be happy to provide a tour that afternoon.

The Wall Street Journal reported this week that nursing homes across the country are refusing to admit, or are forcing out, frail and ill patients who are on Medicaid (“Medi-Cal” in California), because the facilities can make more money caring for residents on Medicare or private pay. Over the last decade, the number of complaints over the discharge practices of nursing homes has doubled, and the true number of force evictions is unknown, as it is believed most go unreported.

We are frequently asked how nursing home neglect or abuse can be prevented. There is no magic answer, but there are things one can do to lessen the odds that a loved one will be subject to physical neglect, financial abuse, or suffer the decline in health caused by poor care. The California Advocates for Nursing Home Reform have published a guide for preventing abuse in long-term care facilities. How does one increase the odds there will be no abuse or neglect?

1. Be very supportive of the transfer to a nursing home. Under most circumstances, the initial entrance to a nursing facility will engender feelings of loss or abandonment. Visit frequently to help with the adjustment.

2. Make the most of visits. Visit frequently, and at different times. Also visit during meal time. This will give you a more complete picture of care and the performance of staff.

3. Get to know the staff. Building personal relationships with the caregivers can be an excellent way to ensure good care.

4. Participate in care planning meeting. No one knows your family member better than you. The care plan meeting will give you an opportunity to alter the course of treatment to meet the needs of your loved one.

5. Be an advocate! Do not be afraid to advocate for the rights of your loved one. All residents have basic rights (click here) and you need to fight for them without fear of retaliation.

Don’t try to do this all alone. Enlist other family members and friends to help, and communicate often. Most nursing homes can provide good care; it’s just a matter of making it happen.

The law firm of Walton Barber LLP is based in Southern California, and represents individuals impacted by neglect and abuse in the nursing home and residential care setting. Cases are accepted in all Southern California counties.