California Nursing Home Abuse Lawyer Blog

The State of California has announced that healthcare providers, namely nurses, that have abused drugs will face more stringent guidelines to maintain their licenses. After treatment, the nurses will be required to pay for regular drug testing. After a negative test, the nurse will be able to return to work, but during the first year, will be required to undergo 104 drug tests. The new guidelines state that a single failure of a drug test will result in an immediate suspension of the nursing license. In addition, the state will be permitted to publically identify nurses who are being subject to this increased supervision.

These new regulations follow an L.A. Times investigation earlier this year (and blogged about here) that found several problems in the licensing, certification, and regulation of California nurses. In that investigation, it was revealed that numerous nurses with documented drug problems were allowed to continue working without consequence, and that nursing complaints were taking years to resolve.

The new regulations can be found here.

Source: McKnight's

The nursing home abuse and neglect lawyers at the Walton Law Firm represent seniors and dependent adults who have been abused or neglected in the nursing home and assisted living setting. Call (866) 607-1325 for a free and confidential consultation.

Ninety-two-year-old Robert Doscher was admitted to Valley Gardens Health Care, a for-profit nursing home, on May 18, 2007. He came from a hospital where he was being treated for a mini-stroke, and other heart issues. Upon admission to the nursing home, he needed the use of a walker, and the plan was to stabilize his health, and transfer him to an assisted living facility.

He required the use of a walker when he was admitted, and it was initially planned that he could be discharged to a board-and-care facility when his condition stabilized. The admission assessment at Valley Gardens determined that Doscher was at "high risk" for falling, and the care plan ordered the he be checked "every one to two hours." He was also instructed not to get up without assistance, and a tab alarm was placed on his clothing to monitor his movements.

On May 21st, only three days after he was admitted to the nursing home, Doscher fell and struck his head on the floor. He was found by staff on the floor. According to the investigation, there was no evidence that Valley Gardens was checking on Doscher every one to two hours, nor did they place him near the nursing station, as had also been recommended upon admission.

Approximately three weeks later, on June 12, Dosher was again found on the floor, and, according to the medical records, Doscher "rapidly developed a change in condition manifested by agitation and then a decrease in his level of consciousness." The following day he was taken to the hospital in a comatose state, and died within 24 hours.

The California Department of Public Health was called to investigate Doscher's death, and issued a "AA" citation and a $90,000 fine for inadequate care that it found led to Doscher's death.

Valley Gardens is owned by Kindred Healthcare Inc. of Louisville, Ky. Kindred had revenue of more than $4 billion as of June 30, 2009 and operates 222 skilled-nursing facilities nationwide.

Source: Recordnet.com

The nursing home neglect lawyers at Walton Law Firm LLP represent seniors and dependent adults who have been victims of abuse or neglect in the nursing home and assisted living setting. Call (866) 607-1325 for a free and confidential consultation.

George Washington once said:

Discipline is the soul of an army. It makes small numbers formidable; procures success to the weak, and esteem to all.

Letter of Instructions to the Captains of the Virginia Regiments [July 29, 1759]. The advocates of consumer rights, viewing the resources of defense firms and corporate defendants, can relate to the trepidation felt by the out-numbered and out-gunned Continental Army. Because of that disparity in resources, Consumer Attorneys of California ("CAOC") consolidates the voices of consumer attorneys throughout the state to (1) preserve and protect the constitutional right to trial by jury for all consumers, (2) champion the cause of those who deserve redress for injury to person or property, (3) encourage and promote changes to California law by legislative, initiative or court action, (4) oppose injustice in existing or contemplated legislation, (5) correct harsh, unjust and oppressive legislation or judicial decisions, (6) advance the common law and promote the public good through the civil justice system and concerted efforts to secure safe products, a safe workplace, a clean environment, and quality health care, (7) uphold the honor, integrity and dignity of the legal profession by encouraging mutual support and cooperation among members, (8) promote the highest standards of professional conduct, and (9) inspire excellence in advocacy. This post is a multi-blog effort to inform consumer attorneys about CAOC's value and encourage participation in CAOC through membership.

CAOC works tirelessly to protect or advance those causes of import to consumers and their attorneys in California. Often those efforts, though valuable, receive little fanfare. For example, CAOC recently sponsored SB 510, which affects the re-sale of what are known as "structured settlements," in which victims receive financial compensation over a period of time for medical expenses and basic living needs, as determined by a jury. Before SB 510 was signed by the Governor, Courts expressed frustration at their inability to prevent the sale of structured settlements on terms that might ultimately lead to long-term financial hardship for the victim. Now, SB 510 gives judges the information they need to make a reasoned decision about the propriety of a structured settlement sale.

Measures like CAOC-sponsored SB 510 help protect the most vulnerable members of our society and ask for nothing in return. They exemplify the spirit of CAOC. However, CAOC is only as effective in its mission as its membership allows it to be. When consumer attorneys join the ranks of CAOC, its voice gains in power and clarity. But if consumer advocates sit on the sidelines, hoping to benefit from the work of others, CAOC is stretched thin, and we are all at risk as a result.

Now, consumer advocate bloggers from across the state are combining their voices to call upon each and every lawyer and firm that regularly represents plaintiffs to join CAOC, thereby strengthening the consumer's first line of defense. The blogs participating in this unified call to action are:

• The Complex Litigator (H. Scott Leviant)
• The UCL Practitioner (Kimberly Kralowec)
• TrialLawyerTips.com (Mitch Jackson and Lisa Wilson)
• California Injury Blog (John Bisnar)
• San Diego Injury Lawyer Blog (Ross A. Jurewitz)
• San Diego Car Accident Lawyer Blog (Ross Jurewitz
• California Nursing Home Abuse Lawyer Blog (Walton Law Firm LLP)
• San Diego Injury Law Blog (Walton Law Firm LLP)
• Bailey Class Action Daily (Matt Bailey)
• California Employee Rights Blog (James J. Peters)
• An Appeal to Reason (Donna Bader)
• California Personal Injury and Insurance Blog (Jonathan G. Stein)
• California Debt Blog (Jonathan G. Stein)
• California Personal Injury Law Blog (Norman Gregory Fernandez)


• Biker Lawyer Blog (Norman Gregory Fernandez)

Show your support of consumers' rights by supporting CAOC. Together we can make an impact that we cannot make alone.

As America's elderly population continues to explode (it will double by 2030), an important question that has received little attention in the national healthcare debate is how the U.S. will be able to deal with 78 million aging baby boomers. Those of us who practice elder abuse and neglect law regularly see the costs associated with long term care, and let me tell you, it ain't cheap.

For many nursing home residents the story goes like this: there is an event that causes them to be hospitalized, whether it's an injury such as a fractured hip, or an illness. It is determined that after the hospitalization, nursing home rehabilitation is in order. The hospitalization and the first 100 days of nursing home care will generally be covered by Medicare. When the 100 days is up, and the person is determined to be too frail to return home, the financial obligation falls upon the resident, or his or her family. At $5,000 - $10,000 per month, this can quickly be financially devastating. If there is no money, or the resident's spends it all in the first months of care, they are typically qualified for Medi-Cal, and the taxpayers foot the rest of the bill, even if the patient spends the next five years in the nursing home.

This article at NewAmericanMedia.org addresses this very question.

Unlike any other economically advanced country, continuing-care coverage available to older Americans and people with disabilities is available mainly through Medicaid, a poverty program forcing people to "spend down" until they are poor enough to qualify. Private long-term care insurance is generally unreliable and covers only 6 percent of older Americans.

That's true. We rarely see clients with long term care insurance. As stated, the vast majority are Medi-Cal recipients, many of whom ended up there after spending down all their assets for prior care.

The high costs of long term care is an important issued that has been lost in the national debate over the capacity of the U.S. economy to handle the cost of comprehensive health care reform. Even though conservatives and the cable media have instilled fear in the American public that modest reforms would break the Treasury if they hit a staggering $1 trillion over 10 years — that amount would represent merely three percent of the $30 trillion projected over the coming decade in U.S. health care spending.

To read the entire article Health Care Reform's Missing Piece: Elder Care click here.

The elder abuse and neglect lawyers at the Walton Law Firm represent seniors and dependent adults who have been abused or neglected in the nursing home and assisted living setting. Call (866) 607-1325 for a free and confidential consultation.

A nursing home called Valley Gardens Health Care and Rehabilitation in Stockton, California has received an “AA” citation from the California Department of Public Health due the neglect of one of its residents. The AA citation is the most severe penalty that can be levied by the state, and is issued only when a patient's death has occurred in a way that can directly attributed to the conduct of the facility. A $90,000.00 fine was also issued.

According to news reports, which are currently scant on facts, the facility failed to ensure a resident was adequately supervised, resulting in a serious fall, which caused the resident to die.

The California Department of Public Health has the statutory authority license and certify all of California's nursing homes. Part of its authority is to inspect the homes annually, and respond to consumer complaints. If investigations into substandard care are substantiated, the CDPH has the authority to issue citation, and impose fines. Typically, the fine depends on the significance and severity of the substantiated violation.

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Source: KCRA

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. Cases are accepted in all Southern California counties.

In a strongly worded report, the California Senate Office of Oversight and Outcomes recommended major reforms to the California long-term care ombudsman program. The responsibility of the Ombudsman program is to investigate and resolve complaints made by individual residents in nursing homes.

According to the California Advocates for Nursing Home Reform (CANHR), nursing home and assisted living facility residents in California at an increasing risk of elder abuse because ombudsman funding has been severely cut and the state ombudsman office has established unreasonable restrictions on ombudsman reporting of abuse.

The state report, entitled California’s Elder Abuse Investigators: Ombudsman Shackled by Conflicting Laws and Duties, revealed that ombudsman complaint referrals to the nursing home licensing agency dropped by a stunning 44 percent in the last year after the Governor Schwarzenegger slashed funding to the fledgling ombudsman program. Assisted living facilities have been affected as well. During the same period, complaints by ombudsman to California's Community Care Licensing regarding assisted living and residential care facilities also dropped by more than 40 percent.

According to CANHR:

The California Department of Aging operates the state ombudsman office, which is going to extreme lengths to prevent the proper investigation of abuse and neglect. The report states that the state ombudsman office will not even release the names of elder abuse witnesses to law enforcement or licensing agencies that are investigating the abuse, despite laws directing it to do so.

Source: California Advocates for Nursing Home Reform

The Walton Law Firm represents the elderly victims of neglect or abuse in the nursing home, residential care, or assisted living setting. Cases are taken in all Southern California counties. For a free and confidential consultation call (866) 607-1325, or fill out an online form.

Starting yesterday, new California regulations will require finger printing and a criminal background check for all new in-home caregivers before the caregivers can get paid. The law, enacted to help prevent fraud and elder abuse, is not being well received by many providers.

Many counties have complained that the new mandate from the state has been poorly explained, and most are unprepared to implement it.

"We've been working with the counties since the budget passed to talk through these very significant changes. We understand that the timelines are very aggressive," said Lizelda Lopez, spokeswoman for the state Department of Social Services. "But we must comply with the law."

Many counties workers have said the new laws have created chaos. For example, while the new law requires criminal background checks, most county employees are not authorized to conduct such background checks. Plus, an orientation video provided by the state is in English only, causing problems in certain communities.

The California In-home Supportive Services program has been the subject of much debate in Sacramento. Governor Schwarzenegger contends that the program is riddled with fraud, and Democrats see it as a humane and cost-effective alternative to nursing homes.

Source: TheCalifornian.com

The nursing home abuse and neglect lawyers at the Walton Law Firm represent individuals and families who have been abused or neglected in nursing homes, assisted living facilities, or by in-home caregivers. Call (866) 607-1325 for a free consultation.