California Nursing Home Abuse Lawyer Blog

The Walton Law Firm elder abuse and neglect lawsuit filed against Vista Hospital of Riverside was the subject of a front page story in the Press Enterprise newspaper today.

The lawsuit arises out of the improper care provided to 78-year-old Shirley Buffa, who died after the hospital failed to administer dialysis treatments necessary to treat her diabetes. According to her son, Marine Corp. veteran Robert Buffa, his mother became increasingly sick in the days after she was admitted to the hospital, but the hospital attributed the decline in her health to a reaction to antibiotics. When the mistake was realized, it was too late.

At that point, she couldn't even talk," Robert Buffa said. "I said, 'Mom, I love you. How come you can't open your eyes?'"

The Perris hospital has been under scrutiny by both the state and federal government. The Centers for Medicare & Medicaid Services, which regulates hospitals, investigated the hospital and found numerous violations, including:

● Delayed response or non-response to life-threatening emergencies
● Improper writing of a patient's "do not resuscitate" order
● Failure to track medical errors
● Failure to dispense and track medicines
● Inadequate infection control
● An inadequately staffed intensive-care unit
● More intensive-care patients than the hospital's license allowed
● Use of improperly serviced medical equipment
● Conversion of a trailer for medical use without state approval

Vista Hospital of Riverside was warned that it risked losing Medicare funding. It did not respond to the reporter's calls for comment.

To read the entire article click here.

The neglect and malpractice attorneys at Walton Law Firm LLP provide free consultations to individuals and families who believe a loved one has suffered medical negligence, abuse or neglect in the hospital, nursing home, or residential care setting. For a free and confidential consultation call (866) 607-1325.

The California Advocates for Nursing Home Reform (CANHR), a statewide advocacy organization dedicated to improving care for California seniors, has launched a weekly radio program for seniors. The show is called Elder Issues and Answers, and his hosted by Pat McGinnis and Prescott Cole. The show airs Saturday mornings at 9:30 am, can be heard online at KTRB860.com. (Click here to listen)

McGinnis and Cole are leaders with CANHR, and are experts in the areas of elder care. Upcoming shows will feature guests, and will cover such topics as trust mills, nursing home abuse and neglect, financial elder abuse, reverse mortgages, resident's rights, and Medi-Cal Recovery. Tune in.

In the news today is an article from the BBC about a nursing home nurse who was found guilty of assaulting an 80-year-old patient who suffers from dementia. According to the article (found here), the perpetrator "twisted the hand" of the resident, causing the resident to scream and cry. The assault was witnesses who reported the offense, leading to the prosecution and deportation of the caregiver.

But that was in Britain. Do we have such abuse in Southern California nursing homes? The answer is a resounding yes. Is it an epidemic? No, but there is enough of it to raise concerns. Our firm currently represents a San Diego nursing home resident who suffers from dementia, and who, while resisting care (something people with memory impairment diseases sometimes do), was punched in the face by a caregiver. Immediately after the battery, there was an attempt to cover up the abuse, but thankfully witnesses stepped forward just as they did in the case in Britain.

We advise family members and caregivers to be aware of sudden changes in condition of the patient, and to look for unusual marks or bruising that might indicate abuse. Sadly, many cases go unreported because either the resident cannot complain because of advanced disease, or will not, because of fear of retribution. If an assault and/or battery is suspected, the authorities must be contacted right away.

The elder abuse and neglect 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 conservatorship is a protective court proceeding which is held in the Probate Division of the San Diego Superior Court. A general conservatorship can be a critical vehicle used to assist someone who has suffered a debilitating accident or injury that impairs their ability to care for themselves physically or financially. A conservatorship proceeding can also become necessary to protect an elder who is losing his or her ability to care for themselves properly or who is subject to undue influence.

In a conservatorship of the person, the court-appointed conservator manages the personal care of a person who cannot properly provide for his or her personal needs regarding physical health, medical care, food, clothing or shelter. The conservator may also decide where the conservatee lives, and must ensure the environment selected is the least restrictive choice available.

In a conservatorship of the estate, the court-appointed conservator manages the financial affairs of a person who is substantially unable to manage his or her financial resources, or to resist fraud or undue influence. Depending on the particular individual’s needs, the court may grant a conservatorship of the person, the estate, or both.

In addition, conservatorships can come into play when a developmentally disabled person becomes an adult at age 18. “Developmental disabilities” include Down syndrome, autism and cerebral palsy. This type of conservatorship is called a “limited conservatorship,” and enables the parent or other trusted person to make decisions regarding the developmentally disabled adult’s medical care, schooling, place of residence, social contacts, etc.

This blog was provided by Encinitas attorney Toni Taylor Buck. If you have any questions about whether a conservatorship is right for your situation, please feel free to contact Toni at (760) 942-2290 for a free and confidential consultation.

A nursing home in suburban Chicago has been sued for failing to protect a 69-year-old resident from a sexual assault by a 21-year-old mentally ill man. According to the lawsuit, which alleges nursing home negligence and elder abuse, the skilled nursing facility tried to cover up the rape by telling authorities that it was consensual sex.

This case highlights the dangers in mixing elderly residents with younger patients who suffer from mental illness. The lawyer from the victim contends that a profit motive drives homes to mix residents.

"The only possible reason that you would be in this situation is a profit motive," said Pete Flowers, attorney for the woman. "You want more residents in your facility, but you're unwilling to pay for the necessary elements to protect all the residents."

According to the Chicago Tribune, the 21-year-old resident was missing at bed check, but no effort was made to find his whereabouts. Later in the evening, a night shift nurse heard the elderly woman moaning and entered her room to find the victim crying in her bed. Incredibly, the rapist was in the facility for bipolar disorder with aggression and told the staff shortly after his admission that he was sexually frustrated.

The nursing home 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.

The California Advocates for Nursing Home Reform (CANHR) have issued a press release addressing a Santa Monica nursing home that has neglected residents with impunity, and contending the state has done little to correct the problems. In the release, CANHR contends that a resident died while staff ignored breathing problems, another died from an infected bed sore, and a third was hospitalized with a neglected pressure ulcer, yet the home received no serious penalties from the California Department of Public Health who verified the neglect.

CANHR's concern about this is shared by many, including this law firm. We have had several cases of outrageous acts of abuse and neglect that have confirmed by the state investigation, but no serious penalties issued. Take for example a case we recently accepted. An elderly Alzheimer's patient is given a bath by caregivers at the nursing home where she resides. Because of her disease, she tends to resist care, and did resist when five caregivers tried to put her in the bath. One caregiver got so angry that she punched the resident in the face, causing a black eye and severe bruising. The resident couldn't complain because she cannot speak (because of her disease).

When the family asked why mom had a black eye, the facility lied and said she fell. It was only after one of the caregiver's conscious got the best of her when the incident was reported to the state. The state investigated and confirmed the abuse, but did the state issue a citation? Of course not; only a deficiency, and not for the physical abuse itself, but for the failure to report the abuse. But maybe the State didn't think the resident was actually “punched” or “struck” by the nursing; it doesn't use those words in its investigation report. Instead it says that the nurse "put her fist to the patient's face." No punch, no citation, no fine.

We have several more examples of this, as I am sure CANHR does, and most other nursing home abuse and neglect lawyers in California. As CANHR says:

It is common for DPH to issue very small fines for severe neglect and abuse. Of equal concern, DPH only collects a small percentage of the fines it issues to nursing homes. According to its records, it has collected less than a third of the fines it has issued in the last three years. Although California law and a court order obtained by CANHR require DPH to begin onsite investigations within 10 working days of receipt, the investigations of the two bedsore complaints were conducted 15 to 18 months after the complaints were filed.

To read the press release and to see copies of the DPH reports click here.

In the promotion of an HBO series called "The Alzheimer's Project," The San Diego Union Tribune featured an interview with Dr. Paul Aisen, director of the Alzheimer's Disease Cooperative Study at UCSD, who is also featured in the series. Dr. Aisen is, if anything, very optimistic about the development of Alzheimer's treatments, and says that there are several excellent candidate drugs in clinical trials.

Do you think finding effective treatments, even a cure, for Alzheimer's is no longer hopeless?

I do. I think the likelihood is that in the foreseeable future, we will make very major progress in controlling the disease. The science has advanced to the point where we have highly promising targets for drug development, excellent candidate drugs in clinical trials. One or more of these current programs will be successful.

There are already some drugs on the market, though their benefits are fairly modest and symptomatic. They improve a little bit the cognitive symptoms of Alzheimer's without changing the disease or its course.

It will be different with the next generation (of drugs). They will target not the symptoms but rather the underlying pathology. Specifically, we recognize that Alzheimer's is driven by a specific molecule – the amyloid peptide. If we discover how to control the accumulation and toxicity of this molecule, we ultimately may be able to halt the progression of the disease. We're already making excellent progress at recognizing the disease at a very early stage.

For those impacted by this devistating (and incurable) disease, Dr. Aisen offers more than a glimmer of hope. It seems to just a matter of time before these treatments are available.

For the entire interview with Dr. Aisen click here.