California Nursing Home Abuse Lawyer Blog

An 89-year-old nursing home patient in Australia was bitten by mice, which shredded parts of his ears, head, and neck. According to reports, this victim of elder neglect was bedridden, and had the tops of ears severely chewed. A federal official, who has launched an investigation into the matter, said it was "extremely disturbing and traumatic" for the resident and his family. We couldn't agree more.

Here's a video report:

The San Diego elder abuse and neglect attorneys at Walton Law Firm LLP provide free consultations to individuals and families who believe a loved one has been abuse or neglected in the nursing home or assisted living setting.

A Pico Rivera nursing home has been issued a $100,000 fine and an AA citation for the death of one of its residents in December. The California Department of Public Health announced that the citation was given to Riviera Healthcare Center on Telegraph Road after a 64-year-old man lit himself on fire while trying to light a cigarette.

According to reports, the resident, who was confined to a wheelchair after suffering a stroke, was left unattended in the dining room. When he caught fire, staff was alerted, but panicked, and failed to use a fire extinguisher and fire blanket that was just six feet a way.

The man was rushed to the nearby hospital with third-degree burns to his legs, groin, butt and hand. Skin grafts were attempted, but failed to take and the man died 18 days later.

This is Riviera Healthcare Center's first fine this year. Earlier it was issued a $20,000 find for an administrative violation.

The Los Angeles nursing home malpractice lawyers at Walton Law Firm LLP provide free consultations to individuals and families who believe a loved one has been abuse or neglected in the nursing home or assisted living setting.

A lawsuit alleging that Orange County based nursing home chain singled out Spanish speakers when enforcing an English-only policy has been settled. Skilled Healthcare Group was ordered to pay up to $450,000 for punishing Spanish speaking employees for violating the policy, but not enforcing it against other non-English speakers.

According to news reports, Latino workers in the nursing facility were prohibited from speaking Spanish to Spanish-speaking residents, and were also subject to disciplinary action if they spoke Spanish on their breaks, even in the employee parking lot.

In one case at the Royalwood Care Center in Torrance, she said, a resident told her in Spanish that she needed to use the restroom. When Schilling responded in Spanish, she said, she was told by a supervisor that she would be written up or fired if she continued to speak that language.

Yet some of the supervisors and charge nurses would speak a different language, such as Tagalog, she said. She left the firm after less than a year.

English-only workplace policies are permitted under the law if there is a business necessity for them. Under the settlement ordered by the EEOC, the company will pay $180,000 for distribution among 53 claimants, and offer English classes. If the class is completed, each employee will receive an additional $2,500.

The nursing home malpractice attorneys at Walton Law Firm LLP represent seniors and dependent adults who are victims of neglect, abuse, mistreatment, and malpractice in the nursing home, assisted living, and residential care setting. Cases in all Southern California counties are accepted, including San Diego, Los Angeles, Orange, Riverside, San Bernardino, Ventura, and Imperial.

Walton Law Firm LLP has filed an elder abuse lawsuit against Vista Hospital of Riverside, it’s owner Vista Healthcare, LLC and Dr. Joel Pengson. The complaint alleges that Shirley Buffa was admitted to Vista Hospital of Riverside on May 16, 2008 and died on May 27th, 11 days later. The complaint alleges that Mrs. Buffa's death was a direct result of the the Defendants' neglectful failure to provide her with the medical care which she required, including but not limited to, the failure to provide dialysis.

The Summons and Complaint can be viewed on the Riverside Superior Court's website HERE.

A study of bed sore rates in nursing homes with a high concentration of Hispanic residents found that Hispanics were more likely to have bed sores (or pressure ulcers) than nursing homes with less Hispanic patients. The researchers looked at two data sources, the Minimum Data Set, federally mandated health evaluations required for every patient, and the Oscar database, a collection of health information of nursing home residents.

"A systemic evaluation of the difference in the process of care between high- and low-quality nursing homes is warranted in order to reduce nursing home disparities," said Michael Gerardo, adjunct assistant professor at Brown University.

Only nursing home residents living in free-standing nursing facilities in Arizona, California, Colorado, New Mexico, and Texas were included in the study.

The elder abuse and neglect attorneys at Walton Law Firm LLP provide free consultations to individuals and families who believe a loved one has suffered from abuse or neglected in a nursing home or residential care setting.

Elder Abuse and Neglect: On February 26, 2009 the Department of Health & Human Services, Center for Medicare & Medicaid Services released the results of the most recent survey of Vista Hospital of Riverside, located in Perris, California. The results reveal shocking examples of neglect.

The California Department of Public Health, the agency charged with surveying the facility for Medicare, reported "serious deficiencies." As a result, the Department of Health & Human Services determined that:

"the deficiencies, either individually or in combination, substantially limit the hospital's capacity to render adequate care to patients or are of such character as to adversely affect patient health and safety . . ."

Examples of some of the deficiencies found were:

- Vista Hospital of Riverside is only licensed to care for 8 ICU level patients, yet on the date of the survey, June 24, 2008, there were 10 ICU patients.

- Staffing reports for 20 random shifts indicated the facility failed to have at least two trained and experienced nurses present in the MSU (medical surgical unit) when ICU patients were present, "resulting in the potential for inadequate patient care due to insufficient numbers of specially trained personnel."

- A 78 year old woman was admitted with diagnoses that included end stage renal disease. Prior to admission she had been receiving dialysis three times per week and this was noted on admission. However, the patient did not receive dialysis until 5 days after her admission.

- The same patient was supposed to receive a medication, Procrit, for treatment anemia. The medication was not given due to "not available."

In fact, there are many, many deficiencies noted within the report for the failure to give medications as ordered by the physicians due to "not available." When the Pharmacist In Charge was interviewed by the surveyors, he stated that "he was not aware of the above issues regarding unavailability of medications and missed doses."

- On May 26, 2008 a "Code Blue" (emergency due to loss of heart beat or breathing) was called for a 78 year old female patient at 7:57 p.m. The on-call physician was called at that time. The nurses' notes indicate that the physician was called with an update at 8:30 p.m., 33 minutes later. There was no indication in the record that the physician ever responded to the "Code Blue."

- On May 15, 2008 a Code Blue was called at 8:11 p.m. for a 62 year old male patient. The physician responded. A second Code Blue was called for the same patient at 8:24 p.m. However, the Code Blue sheet indicated, "The Dr. did not return." When interviewed, the nurse stated that she did not know why the physician did not respond to the second Code Blue.

These are but a few of the numerous deficiencies outlined in the Department's 199 page report.

Walton Law Firm LLP has been retained by the family of one of the patients referred to in the report to investigate allegations of malpractice, abuse and neglect. The patient died 11 days after admission to Vista Hospital of Riverside and, it will be alleged, due to the neglect of Vista Hospital of Riverside.

To see the Department of Health & Human Services letter click HERE

For the fourth congress in a row, a bill designed to protect seniors from elder abuse has been reintroduced. Sen. Orrin Hatch, R-Utah, and Blanche Lincoln, D-Ark, submitted the bill with the goal of protecting elderly Americans from physical, financial, and psychological abuse.

The bill would order the federal government to collect data on elder abuse; penalize failure to report abuse in long-term care facilities; provide Adult Protective Services grants with $100 million annually for four years; and create a council to coordinate federal, state and local response to elder abuse.

Hatch noted that more that 500,000 elderly Americans are subject of domestic elder abuse, and that the government currently spends almost $7 billion a year on child abuse, but only $163 on elder abuse. He stated that the growing number of elders demands that action be taken.

The nursing home elder abuse attorneys at Walton Law Firm LLP represent individuals and families throughout Southern California, including case of San Diego elder abuse, Orange County elder abuse, and Riverside elder abuse, who have suffered due to abuse or neglect in the nursing home and assisted living setting.