California Nursing Home Abuse Lawyer Blog

A study just released by the Inspector General of the Department of Health and Human Services reports that 94% of all nursing homes nationwide were cited for violations of federal health and safety standards during 2007. Approximately 17% received deficiencies or citations for issues which caused "actual harm or immediate jeopardy" to residents. These deficiencies were for such things as bedsores, medication errors, lack of nutrition/dehydration, abuse and neglect of residents.

In total, inspectors received 37,150 complaints nationwide. Surprsingly, only one-fifth of the verified complaints involved the abuse or neglect of patients. The remainder were for adminsitrative issues or those related to the physical premises.

Another telling statistic is that 94% of for-profit nursing homes were cited whereas only 88% of non-profit nursing homes were cited. For-profit also received an average of 7.6 deficiencies per home whereas non-profits averaged 5.7 per home.

The New York Times is reporting this morning that 90% of all nursing homes were cited for violations of federal health and safety standards. Approximately 17% of U.S. nursing homes had deficiencies that caused actual harm. As mentioned in this blog previously, nursing facilities that operate "for-profit" were more likely to have problems than non-profit homes.

Federal inspectors received 37,150 complaints in 2007 about nursing home conditions, the bulk of which involved bed sores, abuse and neglect of residents, medication errors, and nutritional issues. Failure to sufficiently staff was noted as a particular concern in the report, including the allegation that nursing homes “have systematically failed to provide staff in sufficient numbers and with appropriate clinical expertise to serve their residents.” Not surprisingly, researchers learned that elderly patients receive better care at homes with a higher ratio of nursing staff members to patients.

The U.S. has approximately 15,000 nursing homes, housing nearly 2 million people. Under the laws of most states, including California, these homes are inspected once a year.

The elder abuse lawyers at Walton Law Firm LLP, a Southern California law firm, represents individuals who have been impacted by the abuse of elders and dependent adults while under professional care. All consultations are free, and cases are accepted in all Southern California counties.

Elder abuse or neglect in the nursing home is a fear many elderly Americans face. A case unfolding in Illinois is about as bad as it gets.

According to a report from the states Department of Public Health, several suspicious deaths at the Lake of the Hills nursing home may have been the result of a nurse deliberately overdosing troublesome patients. A year-long investigation into the deaths revealed that nurse Marty Himebaugh boasted to coworkers that she gave patients she felt were difficult or had "lived long enough" a drug cocktail that contained morphine sulfate, now suspected as the cause of several deaths.

I one particularly horrible finding, the nurse was reported as telling a coworker that, "those people aren't meant to live that long," referring to an adult resident who suffered from Downs syndrome, "they are meant to die in their teens and I'm going to help him along."

Himebaugh has been charged with criminal neglect, alleging that she gave four residents unsafe levels of drugs, causing all four to die. More on this story can be found here.

This story makes one wonder about the overmedication cases we see. It is not uncommon for a family to tell us that mom or dad was alert and oriented upon admission to a facility, and then in a matter of days or weeks was “sleeping all of the time” or “acting strangely,” usually ending with some injury-causing event. Typically, we approach those cases as accidental overmedication, the result of poor staffing or poor training. But this case will prompt us to look at other, intentional causes.

On Wednesday, the Senate Finance Committee approved two bills which will help prevent neglect and abuse of elderly persons.

A frequent source of abuse are caregivers who are repeat violent offenders. A bill (S 1577), sponsored by Sen. Herb Kohl (D-Wis.), would create a nationwide background check system to screen long-term care employees for a history of abuse or a violent criminal record prior to hiring.

A seven-state pilot program established under the 2003 Medicare law already exists and would be expanded by this bill. The bill would provide as much as $160 million in grants over three years to states which seek to participate in the program. This law would help keep violent offenders from working in nursing homes with particularly vulnerable elderly patients.

The secdon bill (S 1070), sponsored by Sen. Orrin Hatch (R-Utah), would create state and local training and assistance programs for long-term care employees. The legislation would also establish a database used to identify and track elder abuse cases.

Class AA: The most serious violation, AA citations are issued when a resident death has occurred in such a way that it has been directly and officially attributed to the responsibility of the facility, and carry fines of $25,000 to $100,000.

Class A: Class A citations are issued when violations present imminent danger to patients or the substantial probability of death or serious harm, and carry fines from $2,000 to $20,000.

Class B: Class B citations carry fines from $100 to $1000 and are issued for violations which have a direct or immediate relationship to health, safety, or security, but do not qualify as A or AA citations.

Elder Law and Advocacy in San Diego has been providing free legal services for seniors for 30 years, and was profiled in today's San Diego Union Tribune. Whether it's drawing up a will or a power of attorney, helping with a problem landlord, or answering questions about Medicare, Elder Law and Advocacy has assists several thousand San Diego County every year.

Walton Law Firm LLP has worked with Elder Law and Advocacy on cases involving nursing home abuse and neglect and can vouch for the organization's dedication to the plight of senior citizens.

Carolyn Reilly is the executive director of Elder Law and Advocacy, and says that the demand for free legal services for the elderly is rising - keeping her eight lawyers busy - while the funding for those services remains slim. Elder Law operates on a tight budget, with the vast majority of its income coming from grants and individual contributions. This is a worthy organization that deserves the public's support. It is well-known that a large part of our population is getting older, and organizations like Reilly's will only become in greater demand.

To contact Elder Law and Advocacy call (858) 565-1392 or visit its website by clicking here.

The San Diego nursing home abuse and neglect lawyers at Walton Law Firm LLP represent individuals and families throughout Southern California in cases involving nursing home abuse and neglect. All consultations about a case are free and confidential.

Nursing home residents have clearly defined rights when it comes to being transferred or discharged from a nursing facility, and may be evicted or moved under certain circumstances. Under California law, a nursing home may discharge or transfer a resident only if:

1. the resident's health has improved and is no longer need of skilled nursing services;
2. the resident's needs can no longer be met in the nursing home;
3. the health of individuals would be endangered;
4. the resident has failed, after reasonable notice, to pay; or
5. the nursing home ceases to operate.

Any discharge or transfer must be supported by adequate documentation, and the records must contain accurate assessments of the resident's condition. In addition, before any transfer or discharge can be made, the facility must provide written notice to the resident and, if known, a family member.

Unfortunately, nursing homes will frequently try to discharge (or "dump") residents they view as undesirable, for whatever reason. Any person who believes that they or someone they know has been the victim of a wrongful discharge or transfer may file complaint with the California Department of Public Health (Click here for contact information).

Walton Law Firm LLP represents individuals who have suffered abuse or neglect in the nursing home and assisted living setting. Cases are accepted in San Diego County, Riverside County, Orange County, San Bernardino County, and Los Angeles County.