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Holidays a Good Time to Check in on Loved Ones

December 22, 2010 by Walton Law Firm
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This is the time of year that families crisscross the country to see each other and celebrate the holidays, but it's also a good time to check in older relatives who might be living alone, and under the care of someone. It is estimated that up to two million American seniors have been mistreated or abused by someone they rely on to provide car. For every case of elder abuse reported to Adult Protective Services, five cases go unreported.

Experts couldn't agree more. Holiday visits, they say, offer a perfect opportunity to assess the needs and health of elderly relatives, whether they're living independently or in a care facility. "You should visit with a checklist in your head," says San Francisco social worker Mary Twomey. She advises people "to look for red flags: Has your parent lost weight, are they no longer interested in things they once enjoyed, are there any signs of physical abuse?"

Read more here from the LA Times here.

The elder abuse and neglect lawyers at Walton Law Firm provide free consultations to individuals and families throughout Southern California who believe a loved one has been abused or neglected in the nursing home, assisted living, board and care, or home health care setting. Call (760) 571-5500 or (866) 607-1325 for a free and confidential case evaluation.

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Posted In: Elder Abuse , Southern California Elder Abuse

Study Shows Narcotic Painkillers Increase Risk of Fractures in Elderly

December 15, 2010 by Walton Law Firm
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From the New York Times:

A study from the Archives of Internal Medicine found that elderly people who take narcotic-based drugs for pain face an elevate risk of bone fractures, heart attacks and death than those who take a non-narcotic pain reliever. In what is considered the first large-scale effort to examine the safety risks associated with narcotic pain relievers, researchers concluded that narcotics were more dangerous than non-narcotics, contrary to popular belief.

“Doctors should not assume that opioids are a safer alternative,” said Daniel H. Solomon, the study’s researcher, said in a telephone interview on Monday. “They seem to carry profound risks to cardiovascular system as well as increased risk fractures and appear to be associated with increased risk of death.”

In the study, Dr. Solomon examined Medicare recipients in both New Jersey and Pennsylvania who were examined after a six-year period to have osteoarthritis or rheumatoid arthritis. Researchers divided those patients, most of whom were women with a mean age of 80 years, into three groups based on their pain medications - narcotic-based, nonsteroidal anti-inflammatory drugs (like Advil), and coxib drugs (Celebrex and Vioxx).

The researchers discovered that the overall risk of death was twice as high for patients taking narcotic painkillers, when compared to the other drugs. When digging into the details, the patients were found to be four times more likely to suffer a compound bone fracture, usually because of a fall, and they were twice as likely to have a heart attack. As if that weren't bad enough, the study also found that the rate of gastrointestinal bleeding among patients taking narcotics was about the same as those taking drugs like Advil and Aleve.

Source: New York Times

The nursing home elder abuse and neglect lawyers at Walton Law Firm provide free consultations to individuals and families throughout Southern California who believe a loved one has been abused or neglected in the nursing home, assisted living, board and care, or home health care setting. Call (760) 571-5500 or (866) 607-1325 for a free and confidential case evaluation.

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Posted In: Hip Fracture , Medication Errors , Nursing Home Falls

San Diego Police Investigating Elder Neglect Related Death

December 10, 2010 by Walton Law Firm
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Homicide detectives in San Diego were investigating the death of an elderly woman from the Palm City area. According to reports, the woman was being cared for by a professional "caretaker." When a relative of the 83-year-old victim called police to check on the victim, police went to the woman's home and found her dead in the bathroom.

According to police, there were no signs of trauma but that elder abuse was suspected. Police arrested caretaker Maria Moore on suspicion of elder abuse and booked her into county jail. A cause of death has not been determined.

News accounts do not state where Moore was employed by a home health agency or whether or she was working on her own. If is determined that the victim's death was due to neglect, Moore and the agency she works with (if there is one) may face civil liability under California's Elder Abuse and Dependent Adult Civil Protection Act.

Source: 10News.com

The San Diego nursing home abuse and neglect attorneys at the Walton Law Firm represent seniors and dependent adults who have been victims of physical abuse in the nursing home, and those who have been neglected or received substandard care. Call (866) 607-1325 or complete on online for for a free and confidential consultation.

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Posted In: Elder Abuse , Home Health Care , San Diego Elder Abuse

Pomona Nursing Home Resident Dies After Attack by Fellow Resident

December 9, 2010 by Walton Law Firm
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Peer-on-peer abuse in the nursing home setting is a problem that gets very little attention, but occurs with more and more frequency. A horrific example of this occurred two weeks ago at Chino Valley Health Care Center in Pomona. On November 23rd, John Lazzaro, a 91-year-old resident of the rehabilitation hospital, was killed after being attacked by fellow resident Matthew Harvey, who was only 47.

The details of the attack are kind of sketchy, but according to news accounts Lazarro was found in his room with severe wounds to his arm and face. So severe were the wounds to his arm it required amputation. It is very likely that Mr. Lazzaro couldn't survive the surgery and died shortly thereafter.

Harvey, a man with purported "diminished mental capacity," was not arrested, but was taken to a lock-down facility for his safety and those of other residents. No decision has been made whether to press charges.

This case raises all kinds of liability questions. For starters, what is the 47 year old doing in the skilled nursing facility, and what were the disabilities that caused him to be there? If it was due to his diminished mental capacity, what was the cause? Most important, was there a history of violence with this resident, and what did the facility do (or not do) to protect the other residents.

Our law firm has handled several resident-on-resident attack cases, and frequently there is a history of aggressive behavior by one of the parties (yes, sometimes the victim is the instigator) that this nursing home is aware of, but fails to properly address in the care plan. Nursing homes have an obligation to prepare a plan for this situation, and staff appropriately to fulfill the needs of the plan. If it cannot, it has a duty to remove the resident from the facility.

Source: L.A. Times

The Riverside County elder abuse and neglect lawyers at Walton Law Firm provide free consultations to individuals and families who believe a loved one has been physically abused or neglected in the nursing home, assisted living, or home health care setting. Call (866) 607-1325 for a free and confidential case evaluation.

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Posted In: Elder Abuse , Peer Abuse , Physical Abuse , Riverside Nursing Home

Skilled Healthcare Case Settles for $62.8 Million

December 2, 2010 by Walton Law Firm
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The nursing home industry (and nursing home lawyers) was stunned earlier this year when a Humboldt County jury returned a class action verdict against the nursing home chain of $677 million dollars. The plaintiffs alleged, and the jury believed, that Skilled Healthcare, the owner of many nursing homes in several states, routinely understaffed its California nursing facilities, compromising patient care in an effort to maximize profits.

The case was a battle. ”Everything was fought tooth and nail,” Timothy Needham, lead trial lawyer for the team of plaintiff lawyers told the Times-Standard. The trial lasted six months. But the verdict was so big it created practical problems for the victors, and potentially fatal concerns for Skilled Healthcare, a publically traded company. Because of the size of the verdict, Skilled Healthcare could not afford to pay such a huge judgment and could not appeal the result (appeals require the posting of a bond, which is a percentage of the verdict), and the plaintiffs really didn't want to take over the company. So, smartly, everyone agreed on a settlement.

It was announced yesterday that the verdict of $677 million was settled for $62.8 million.

As part of the case, the court granted an injunction, which will require that the nursing facilities maintain at least 3.2 hours of nursing care per patient, per day, as required by law, and requires that a third party be hired to monitor all of the nursing homes implicated in the lawsuit. The injunction will last two years.

For advocates on behalf of nursing home victims this was great news.

”From an advocate's standpoint, it's great. I would hope this makes a real difference in these patients' lives, and becomes a standard in the future,” said Pat McGinnis, executive director of California Advocates for Nursing Home Reform, adding that the agreement was the most substantial injunction the state has ever seen. “It's just so unusual. They've never had anything like this.”

Source: Times-Standard

The nursing home elder abuse and neglect lawyers at Walton Law Firm provide free consultations to individuals and families throughout Southern California who believe a loved one has been abused or neglected in the nursing home, assisted living, board and care, or home health care setting. Call (760) 571-5500 or (866) 607-1325 for a free and confidential case evaluation.

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Posted In: CANHR , Nursing Home Abuse and Neglect , Staffing

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