California Nursing Home Abuse Lawyer Blog

Every year, nursing homes throughout the state of California are fined for deficiencies found in state investigations, frequently related to nursing home care. The fines range anywhere from a Class B fine of $1,000 to an AA citation of $100,000, as was recently issued against the Encinitas nursing home Aviara Healthcare.

But California officials concede that collecting these fines can take years, if they are collected at all. Nursing homes have a right to appeal fines that are issued, and most do. In the year 2007, the state issued more than $2 million in fines and to date has collected less than 10 percent.

The California Department of Public Health is charged with the oversight of skilled nursing facilities, and is the state department that issues and collects nursing home penalties. They simply don't have the manpower to get the job done.

"Because the department doesn't have enough attorneys, their appeal system is broken right now, they don't even have enough administrative law judges to process the appeals," says Pat McGinnis, director of the California Advocates for Nursing Home Reform."

The nursing home industry is using the system to its benefit. Because of under funded enforcement, nursing homes know that appealing any penalty presents an opportunity to either negotiate the fine down to a negligible amount, or will simply drag the matter on for years.

The nursing home malpractice lawyers 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.

By 2050, 1 is 6 people in the world will be 65 or older, forcing the countries of the world deal with an aging population. The number of senior has jumped an astounding 23 percent in the last decade.

According to studies, the world's population has been graying for decades due to declining birthrates and an increase in longevity. Italy, Japan, Germany and Monaco have the most senior citizens, with more than 20 percent of their respective populations over 65 years of age.

Here in the United States, residents who are 65 or older represent approximate 13 percent of the overall population, but that number is expected to double in the next 40 years. This raises serious concerns as to how we are going to be able to handle the growth.

"The 2020s for most of the developed world will be an era of fiscal crisis, with a real long-term stagnation in economic growth and ugly political battles over old-age benefits cuts," said Richard Jackson, director of the Global Aging Initiative at the Washington-based Center for Strategic and International Studies.

For example, at current aging rates, Medicare is projected to become insolvent by 2017.

The nursing home abuse and neglect lawyers at Walton Law Firm LLP represent individuals and families whose loved one has suffered injury or neglect in the nursing home, assisted living, or residential care setting. For a free and confidential consultation call (866) 607-1325.

State investigators issued a $100,000 fine to nursing home Aviara Healthcare Center in Encinitas after finding that a resident's death was caused by neglect. The resident died of blunt force trauma after a fall.

According to reports, the resident was at the nursing home to rehabilitate a broken hip, and suffered a fall on May 9 when trying to get out of bed. The following morning at 3 a.m., the resident got out of bed and stumbled into the hallway. A nurse saw him grab onto a large Hoyer lift (a large mechanical lift), which toppled over on top of the resident. The lift struck him in the head, causing a deep cut and a severe brain injury. He died three days later.

Investigators concluded that Aviara Healthcare was negligent for storing the large mechanical lift in the hallway outside the resident’s rooms, and received statements from several employees who stated that the lift was supposed to be stored elsewhere. As a result, a Class AA citation was issued.

Based in Carlsbad, the nursing abuse and neglect lawyers at Walton Law Firm LLP provide free consultations to individuals and families whose loved one has been injured or killed in the nursing home or assisted living setting. Call (760) 607-1325 for a free and confidential consultation.

A Westlake nursing home called Lakewood Manor North was issued the state's most severe fine after an 83-year-old resident died in January 2007.

According to reports, the patient, who was totally dependent on staff, lost his balance and fell when he was being transferred to his wheelchair, striking his head on a bed rail. Shortly after his fall, nurses noted bluish discoloration on the left side of his head. His condition continued to decline throughout the day, and the man complained of not feeling well. During the evening, after consulting with a physician, the man was transferred to a local hospital at 9:30 p.m., where he was diagnosed with severe bleeding on the brain. He died five days later.

Investigators with the California Department of Public Health faulted the nursing home for failing to take action earlier, when it was clear the resident was suffering a significant change in condition.

“Failure of the facility staff to immediately notify the physician and to provide the necessary care and services to [the resident]... presented a substantial probability that serious harm would result, and did result in the resident's death,” the report said.

Another serious matter not discussed in the article is why it took so long for the CDPH to complete its investigation. The resident died nearly two-and-a-half years ago and only now it has completed its investigation. If the family was just now learning about the wrongdoing of this nursing home it would not likely be able to bring any legal action against it because of statute of limitation problems.

Walton Law Firm LLP represents 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.

A report published by the National Nursing Home Survey finds that between 1999 and 2004 the number of nursing home beds and nursing home residents declined in the United States. The number of nursing home beds dropped more than 10%, or 200,000 beds, and there are approximately 100,000 fewer nursing home residents.

The survey also found that more nursing facilities are certified for both Medicare and Medicaid, and that the vast majority of caregivers were not licensed nurses, but Certified Nursing Assistants. Also, it was found that a small fraction of nursing home residents are independent, and need no help with their activities of daily living, which a slight majority, 51.1%, needed assistance with all daily activities.

To read the entire survey, click here. (.pdf)

Walton Law Firm LLP is a personal injury law firm that represents individuals throughout Southern California in all types of injury and accident cases, including wrongful death and nursing home abuse and neglect.

The California Department of Public Health has issued fines to two Orange County nursing homes after concluding that negligent nursing care lead to the deaths of two residents. Alamitos West Health Care Center in Los Alamitos was fined $100,000.00, and Huntington Valley Healthcare in Huntington Beach was fined $80,000.00.

Investigators found that Alamitos West failed to give an 82-year-old female resident adequate fluid, causing her to suffer dehydration and kidney failure. When the woman was finally transferred to a hospital, her dehydration had caused an altered mental status. The woman died a week later, on Christmas Day.

The case against Huntington Valley involved the failure to call 911 as a patient was dying. According to reports, the caregiver thought the resident did not want resuscitation if life saving treatments was needed, but the resident had actually stated in his chart "I Do Want C.P.R." The resident died in the nursing home.

Alamitos West has said it will appeal the citation, while Huntington Valley told news reporters that it has not decided whether or not to appeal.

The nursing 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 a Southern California nursing home or assisted living facility.

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.

California law allows the creation of "family councils" by relative of a nursing home resident to help influence the quality of care given to a resident. Not merely gripe sessions, these councils can facilitate communications between families and residents with the nursing home staff and caregivers, and also offer peer support for friends and relatives of the resident, and help prevent substandard care.

A nursing home may not prohibit the formation of a family council, and must allow the council to meet on the grounds of the facility at least once a month. In addition the home must designate a staff member who is responsible for assisting the council, and to respond to all written requests made by the council.

The California Advocates for Nursing Home Reform provides excellent resources for the creation and maintenance of a family council, and advice as to how the make the council an effective tool to promote high quality care. (Click here to access the CANHR site)

CANHR also provides an excellent video about family councils, and how they can make a big difference:

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

When Doris Weaver saw her mother's black eye at the local hospital emergency room where she had been taken from a nursing home, she was stunned.

"She had a bruise from her temple all the way down to her lower earlobe," said Weaver. "Her eye was black and was swollen."

Weaver demanded to know what caused her mother's injury, and even filed a police report, but to date she has gotten now answers...from anyone, even her mother, who cannot speak. [Read the entire story here]

Like elder abuse victims all over the county, Weaver's mother is unable to tell her story because of her advanced dementia. Because of memory impairment problems caused by dementia and Alzheimer's disease, many aging Americans under professional care are unable to communicate, and unable to tell family members when they are subjected to abuse or neglect. Our firm has one such case right now, involving a non-communicative Alzheimer's disease patient who was struck in the face by nursing caregivers, but unable to tell her horrible story.

Any unexplained incidents of bruising or dramatic changes in mental status should be reported to the resident's physician right away, and the local ombudsman office.

The elder abuse and neglect lawyers 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. All case consultations are free and confidential.

There is a short but solid article in a New Jersey paper today addressing the signs of elder abuse. New Jersey attorney Victoria Dalton lays out the real world signs and symptoms of elder abuse, which she defines simply as taking advantage of the elderly.

Physical Abuse

Physical abuse is simply the use of physical force which causes bodily injury, pain or some other type of impairment. It can also include hitting, shaking, slapping, kicking, or pinching. The signs to be aware of include bruises, broken limbs, welts, cuts, burns or marks.

I would add neglect to this list. Neglect is the failure to provide case and often reveals itself in incidents of malnutrition and dehydration, pressure sores, untreated infections. In realty, any unexplained injury, infection, or death can be a sign of physical abuse or neglect.

Financial Abuse

Financial abuse is more subtle, and is essentially the improper use of the senior's funds, property or assets. A common indicator of financial abuse is when the elder's contribution to household services is disproportionately high when compared to an adult child living in the home. Another tell-tale sign is a change in banking habits. Be aware of any large withdrawals by a person accompanying the senior.

Emotional Abuse

Emotional abuse typically includes intimidation, humiliation and harassment. Degrading remarks, or treating the elder like an infant, giving the older person the silent treatment, are also examples of emotional elder abuse.

Elder abuse can be stopped, Dalton writes, if we are simply more vigilant.

The nursing home malpractice lawyers 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.