What Nursing Homes Won't Tell You

April 26, 2010 by Walton Law Firm

SmartMoney.com has an article out entitled 10 Things Nursing Homes Won't Tell You. Which has been adapted from the book "1,001 Things They Won't Tell You: An Insider's Guide to Spending, Saving, and Living Wisely," by Jonathan Dahl.

Walton Law Firm thought you might like to see the list:

1. “We’re careless about the drugs we give out.”

The use of antipsychotic medications inside the nursing home has exploded in recent years, and has been discussed at length here. In California, nearly 60% of all California nursing home residents are given psychoactive drugs, a 30% increase since 2000, according to California Advocates for Nursing Home Reform. It's become a real problem.

2. “We’re woefully understaffed.”

Staffing is the biggest problem in nursing homes today. According to Donna Wagner, a professor at Towson University, it is a "crisis." While it is optimal to have one caregiver for three to five residents, some nursing homes have one registered nurse for 50 to 60 residents.

3. “Mr. and Mrs. Smith, meet Sticky Fingers Louie.”

Nursing home charges can be ridiculously expensive. In 2009, a year of nursing home care cost over $70,000 for a semi-private room according to the Department of Health and Human Services.

4. “What you don’t know about your checkbook can hurt you.”

There are too many thefts in nursing homes (frequently by the employees).

5. “If it’s not in the care-plan, we’re not gonna do it.”

California nursing homes must prepare a "plan of care" for every resident, and then update it on a regular basis. The failure to provide a comprehensive care plan was the primary source of deficiencies issued against California nursing homes last year. It is supposed to be detailed, and address the specific needs of the patient, but too frequently is a generic plan that fails to address (and provide) for the residents’ special needs.

6. “‘Neglect’ is our middle name.”

In January of this year, the California Department of Public Health issued a citation to an Orange County nursing home, along with an $85,000 fine. The citation alleged that a resident died after falling and suffering a fatal head injury. The resident of falls, but the nursing home failed to take adequate precautions.

The neglect of a nursing home resident can be revealed in a variety of ailments, including pressure sores / ulcers, dehydration, infections, weight loss, fractures, etc.

7. “We use physical restraints on your loved ones.”

While it is not illegal to use physical restraints, they are supposed to be used only as a last resort, and only with a physician's authorization. In 2008, 10.97% of California facilities that received deficiencies did so for use of illegal restraints.

8. “Take our report cards with a grain of salt.”

Survey reports and nursing home ratings systems rarely tell the true story. It is well known that nursing facilities and tipped off and prepare for their annual visit from state inspectors. The never look or operate as well as they do for the week they are being evaluated.

9. “Fines? Go ahead— give us your best shot.”

Does a citation and a fine sting? Not really. In California, only $1.2 million of the $4.6 million assessed in fines was actually collected. Most homes appeal the citations as far as they can, they agree to a settlement where they pay much less.

10. “We can kick a resident out anytime we want.”

When the resident is too difficult, or requires too much care, the nursing home can always just evict them. This was the No. 1 complaint received by the State Long Term Care Ombudsman for New York in 2009, and is also an issue in California. Facilities must follow strict state guidelines, but beyond that there is no problem discharging residents to different facilities.

Source: SmartMoney.com by Lisa Scherzer and David Stires

The nursing home abuse and neglect lawyers at the Walton Law Firm represent seniors 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 (866) 607-1325 for a free and confidential consultation.

Fraction of Nursing Home Fines Collected

April 22, 2010 by Walton Law Firm

The California legislature has called for an investigation into why only one-third of the fines assessed against nursing homes for negligent care are being collected. The audit that was approved in February is expected to look how the funds are collected and how they're spent.

Mike Feuer, D-Los Angeles told California Watch, “The whole point of having citation accounts and the penalty system is to deter nursing homes from doing anything but provide the highest quality care to residents. If the fines coming in are less than a third of (those) issued, it leaves one to wonder if the state is being as effective as it could be in protecting nursing home residents.”

Records obtained by California Watch reveal that in 2008 state regulators collected only $1.5 million of the $5 million that had been assessed against California skilled nursing facilities. In comparison, the same regulators have collected nearly 80 percent of the fines levied against hospitals. Kathleen Billingsley, the deputy director of the Department of Public Health Center for Healthcare Quality, said nursing homes who appeal fines do not have to pay until the process is completed.

And while nursing homes continue to appeal more and more citations, they also appear to be getting steep discounts. Take the case of Casa Bonita Convalescent Hospital. The facility had been warned about turning off ventilator alarms, but ignored those warnings and allowed a 90-year-old resident died after her ventilator became disconnected and the alarm did not engage. The facility was assessed a $320,000 fine, but after appeals was only required to pay $20,000.

To read California Watch's full nursing home story package, which includes graphics, click here.

The nursing home negligence lawyers at Walton Law Firm 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. Call (866) 607-1325 for a free and confidential consultation.

Nursing Homes Take Millions From State, Then Cut Staff

April 19, 2010 by Walton Law Firm

California Watch is out with a disturbing report alleging that California nursing homes that received more than $880 million in additional taxpayer funds under a law designed to boost care, took the money did the opposite by cutting staff and wages. ["Nursing homes received millions while cutting staff, wages"] In its investigation, California Watch found 232 California nursing homes that either cut staffing, or paid lower wages to workers after receiving money from the state.

It appears that many of the nursing homes investigated used the state money to improve their financial health, not the health of its residents, and those that cut the most staff had, not surprisingly, more deficiencies issued by state inspectors than those facilities that did not cut staff.

“There was an implicit good faith agreement that things would get better … and that was broken,” state Sen. Elaine Alquist, D-Santa Clara, told California Watch. “It was broken for the people of California and for a very vulnerable population – those that need the greatest care and those that can’t advocate for themselves.”

Orange County nursing home company Covenant Care gets special attention. The Covenant Care-owned nursing facilities cut caregivers even though the company received $15 million in additional funding. The average profit a Covenant Care facility was more than $900,000 in 1998, which was three times higher than the other 632 nursing homes evaluated by California Watch.

In addition, the state money has apparently had no impact on the rate at which complaints are made about nursing home care. The California Department of Public Health documented approximately 1,000 deficiencies issued against California nursing homes in 1998, which was a 65 percent increase over 2005, when the additional funding began.

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To read the entire California Watch article click here.

The attorneys at Walton Law Firm represent seniors and dependent adults throughout Southern 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.

Orange County Nursing Home Sued for Wrongful Death

April 13, 2010 by Walton Law Firm

The heirs of an elderly nursing home resident have sued the nursing home for causing the death of their father Oliver Shrock. The lawsuit alleges that caregivers at Kindred Healthcare Center in Orange County ignored the family's warnings that Shrock was at risk for falling, and failing to take appropriate fall precautions, such as using a bed alarm. On July 14, 2008, just two months after his admission into the facility, Shrock fell and struck his head. He died four days later.

The California Department of Public Health investigated the 77-year-old's death and concluded that the resident's death was caused by the nursing home's negligent care. A AA citation was issued, and an $85,000 assessed.

According to the lawsuit, Shrock fell shortly after admission, and that while some fall interventions were taken, they were used sporadically. For example, a bed alarm was used on Shrock, but only occasionally. The visiting daughters would repeatedly after to remind the facility to use it. Sadly, on the day of the fall, the bed alarm was not in place. It was the day Shrock was going to go home.

The lawsuit says that "A nurse assistant discovered Shrock on the floor bleeding from his head and she did not know how long he had been lying on the floor." The family's lawyer Anthony Lanzone said the lawsuit was filed to hold the nursing home accountable.

Source: Orange County Register

The nursing home abuse and neglect lawyers at Walton Law Firm 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.

Nursing Home Worker Convicted of Brutal Elder Abuse

April 9, 2010 by Walton Law Firm

It took jurors only five hours to convict 21-year-old Cesar Ulloa of criminal elder abuse for his brutal treatment of residents at the Calabasas nursing home where he worked. According to prosecutors, Ulloa would laugh as he attacked his victims, many of whom were to demented to be able to call for help. He faces life in prison.

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In one of the assaults, a fellow employee witnessed Ulloa jump on the chest of a non-verbal 78-year-old woman's chest, and throwing her on the bed as she struggled. To another elderly male resident, Ulloa jumped off a dresser and landed with both knees on the man's abdomen, seriously injuring the man. He apparently would laugh with delight while brutalizing the patients.

Suspicion over Ulloa actions was raised after the wife of a resident received an anonymous phone call the day after her husband's funeral. The call said that her husband had been abused, and that his death may have been related to the abuse, something the family suspected. The police were notified, and the victim's body exhumed for an autopsy that revealed more than 24 fractures. The man's death was determined to be caused by blunt force trauma.

According to the L.A. Times, when the widow testified at trial, jurors, and even the court reporter cried.

The case was especially shocking because the facility, Silverado Senior Living, was considered a high-end nursing home. But any nursing home neglect and abuse lawyer will tell you that the way the facility looks, or the price, is rarely an indicator of quality of care. In fact, prosecutors in the Ulloa cases argued that Silverado (like most facilities) are vulnerable to abuse because "caregivers there... generally take the floor with little more than a high school education and just a few days of training."

Source: Los Angeles Times

The nursing home abuse and neglect lawyers at the Walton Law Firm represent seniors 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 (866) 607-1325 for a free and confidential consultation.