California Nursing Home Abuse Lawyer Blog

Heritage Rehabilitation Center in Long Beach has been sued for a sexual assault that occurred there just last month. According to the lawsuit, filed by James Morgan, the victim "Jane Doe" was suffered elder abuse and neglect when a man entered her room through an unlocked window and assaulted her. The suit also claims there may be other victims.

The suit alleges that the nursing facility was chronically understaffed. According to Morgan, "This was an active time of the day and there was nobody anywhere, which supports our theory they didn't have enough staff in there to look after residents or see people coming in from the outside."

Heritage Rehabilitation Center is a 161 bed facility that has been in operation for more than 35 years. It currently maintains a three star (out of five) on Medicare's "Nursing Home Compare" website.

Source: Contra Costa Times

The Los Angeles elder abuse and neglect lawyers at the Walton Law Firm represent seniors and dependent adults who have been abused or neglected in the skilled nursing facility, residential care facility for the elderly, and assisted living setting. Call (760) 571-5500 for a free and confidential consultation.

The healthcare reform bill signed by President Obama this week will have an impact on nursing homes and long-term care. The most dramatic change will come in the form of long-term care insurance, and provision that was long championed by the Senator Edward Kennedy. Under the Community Living Assistance Services and Support Act (CLASS), all Americans will automatically be enrolled in a long-term care insurance program, but will have the option to opt out.

Under the Act, individuals will start paying a premium immediately, and will be able to use the benefit after five years of contribution to the program. The benefit, though, is not much, as it is expected to be about $50 per day to offset other long-term care costs.

The healthcare reform bill will also start to close the "donut hole" in Medicare Part D coverage for prescription drugs. Patients will immediately begin receiving a rebate for drug costs that fall into the gap, and drug manufacturers will be required to provide a discount on brand name drugs. Over time, the gap in coverage will be phased out entirely.

The Nursing Home Transparency and Improvement Act is also part of the bill, and will require nursing homes to provide consumers with more information about nursing homes and the quality of care they provide. It will also provide better weapons for enforcing quality standards in nursing facility, and encourage homes to improve on their own. AARP has called the transparency bill "one of the most significant nursing home reform initiatives" in two decades.

Finally, the bill contains the Patient Safety and Abuse Prevention Act, which will create a national system of background checks, to keep nursing home workers with criminal histories out of the long-term care setting.

Sources: SeniorJournal.com and HealthLeadersMedia.com.

The nursing home abuse and neglect lawyers at the Walton Law Firm represent seniors and dependent adults throughout California who have been abused or neglected in the skilled nursing facility, residential care facility for the elderly, and assisted living setting. Call (760) 571-5500 for a free and confidential consultation.

Last year, the U.S. Drug Enforcement Administration began investigating allegations that some nursing homes were dispensing powerful narcotics to nursing home residents without a physician order. Because of the new scrutiny, however, nursing home and hospice trade organizations are arguing that many patients are now being left without pain medication as the nursing facilities try to find ways to comply with DEA regulations. Congress has also taken notice, and the subject will be addressed at a Senate hearing today.

The DEA intensified its efforts to battle abuse of prescription drugs in nursing home, after numerous reports of overmedication of patients in nursing facilities, many without prescription, and frequently used as a "chemical restraint," not to treat a specific illness. In a letter to Congress last December, attorneys for the DEA said that allowing nurses to dispense medications without a doctor's order, "trivializes the doctor-patient relationship and weakens the quality of care for the frail and infirm."

Nursing home trade organizations, however, say that long-term care facilities don't make available enough doctors to issue prescriptions every time. The DEA's requirement on "hard copy prescriptions," it says, places burdens on prescribers, pharmacists and nurses, and can lead to extended delays in the administration of pain medication."

Source: Wall Street Journal

The nursing home abuse and neglect lawyers at the Walton Law Firm represent elders and dependent adults throughout Southern California who have been abused or neglected in the skilled nursing facility, residential care facility for the elderly, and assisted living setting. Call (760) 571-5500 for a free and confidential consultation.

The Sacramento Business Journal is out with an article accusing the State of California of exposing elderly nursing home residents to dangerous caregivers because state regulators have failed to implement a 2006 law that requires the creation of a centralized database for background checks on all long-term caregivers.

According to the article, an investigation by the state's Senate Office of Oversight and Outcomes discovered at least 20 incidents where individuals who lost their certification as nursing assistance because of wrongdoing were cleared and hired in a different facility.

“There is no excuse for allowing people with known histories of abuse to work in residential care facilities for the elderly or as caregivers in any other setting,” said Michael Connors, an advocate with California Advocates for Nursing Home Reform, a non-profit that advocates on behalf of nursing home and residential care residents.

One San Diego example provided in the report involved a certified nursing assistant who tried to transfer an 81-year-old nursing home resident by herself from bed to the shower. The resident's care-plan required two CNAs for all transfers. The resident fell, but the CNA never told a supervisor of the fall (presumably out of fear she would get in trouble). The resident's left hip was fractured in the fall, which went undiagnosed for an extended period of time. The resident died two months later. (Walton Law Firm has handled this very type of case - fall with undiagnosed fracture - many times.)

The regulation of nursing home workers has become a serious issue in California, with the growing number of elderly, and the explosion in growth of residential care facilities for the elderly. As of 2008, there were 7,648 RCFEs in California, an 18% jump in just four years.

To read the entire report from the Senate Office of Oversight and Outcomes click here (.pdf).

Source: Sacramento Business Journal

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, long-term care, residential and home care setting. Call (866) 607-1325 for a free and confidential consultation.

A former aide at a home for the disabled has been arrested and charged with molesting two female residents. Curtis Cortez, age 59, is being held on $100,000 bail after his arrest, and is expected to be charged with seven felony counts of lewd and lascivious actions by a caretaker upon a dependent person.

From news accounts, it appears the man has confessed his crimes to police, at least partially. When police confronted Curtis about the allegations, he offered a "Hawaiian defense." He told authorities that he gave frequent hugs to people because it was part of his Hawaiian culture. He then volunteered that he was having problems with his girlfriend, and that he did touch one of the disabled woman's breasts and genitals.

From a civil liability standpoint it is an interesting case. Curtis himself would obviously be liable for sexual assault and battery, but probably unable to pay a civil judgment. The question is, would the home be liable? Generally speaking, an employer is not liable for the intentional criminal acts of its employees, unless the acts were engendered by, or arose out, the employee's duties. This one would be a close call.

What could hook the employers is a letter found in Curtis' employment records, which was an admonition to him to stop engaging in hugging or backrubs with clients in the home. The letter was written in November 2009. If the alleged molestations occurred after the letter was sent, the home could be negligent for keeping Curtis in its employ.

Source: MercuryNews.com

The Walton Law Firm represents seniors and dependent adults who have been abused or neglected in the nursing home, assisted living, or home health care setting. Call (866) 607-1325 for a free and confidential consultation.

A 76-year-old patient at the Ridgecrest Nursing and Rehabilitation Center in DeLand died after falling to the floor and lying there for 12 hours. Barbara Fasold fell out of her bed at approximately 5:00 a.m. and a fractured both legs and her shoulder, and was not discovered on the floor until a shift change at nearly 5:00 p.m. later that day. When discovered, Ms. Fasold was rushed to a local hospital, but was so badly injured in her fall that she died less than a week later.

It is estimated that a nursing home with an average of 100 beds will experience between 100 and 200 falls every year. More concerning is that nearly 2,000 nursing home residents will every year from injuries related to a fall, and fall victims who survive often suffer debilitating injuries.

Nursing homes are required to prevent falls by providing adequate care-planning. Not all falls can be prevented, but if the nursing facility does an adequate job of assessing the risk of falling on a patient-by-patient basis, and then provide regular reassessments and interventions on an ongoing basis, particularly after a fall, many more falls would be prevented.

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

All licensed nursing homes in California are licensed and certified by the California Department of Public Health, which conducts an annual inspection of every licensed skilled nursing facility in the state. In addition, the DPH is charged with the duty to investigate complaints of neglect or abuse, and issue the results of its investigation. Here is some general information about making a complaint against a nursing home.

First, who can make a complaint? Under California law, any person can make a complaint about a nursing home; it does not just have to be the resident, family member, or responsible party. Complaints may be made anonymously.

When is a good time to make a complaint? A complaint should be made whenever one considers the treatment problems to be serious enough to report. It is usually a good idea to express your complaints to the facility first, but if you feel like you're not being taken seriously, call DPH.

Where are complaints made? Complaints should be made at the nearest district office of the DPH. There are several offices in Southern California, and contact information can be found at the Walton Law Firm website by clicking here.

What information should I give DPH? In short, everything. Before you speak to an investigator, it's a good idea to write your complaint down so you don't forget anything. Focus on the facts, and not your own opinions about the situation.

As a complainant, you will be notified of the name of the investigator assigned to your complaint within two days of the date the complaint is made. In addition, the nursing facility may not retaliate against a resident for a complaint that is made. In fact, any type of discriminatory treatment made against a nursing home resident within 180 days of a formal complaint is presumed to be retaliatory.

For more information about making a complaint against a nursing home, visit the website of California Advocates for Nursing Home Reform. The CANHR page How To File A Complaint can be found by clicking here.

The nursing home abuse and neglect lawyers at Walton Law Firm LLP provide free consultations to individuals and families who believe a loved one has been abused or neglected in the nursing home or assisted living setting. Cases are accepted in all Southern California counties, including San Diego, Orange, Riverside, Los Angeles, San Bernardino and Ventura. Call (866) 607-1325 for a free and confidential consultation