California Nursing Home Abuse Lawyer Blog

Many assisted living or nursing home facilities emphasize structure and rules to provide stability for residents and ease of care for staff members, but some facilities are trying new and unique approaches. Our San Diego nursing home attorney knows how important it is for your loved ones to receive personalized attention and care, as well as top-notch medical treatment. Two stories recently caught our interest not only for the unique treatments they presented, but also for their positive perspective on providing innovative elder care.

At some facilities, “therapy dogs” and other animals are used to bring joy to nursing home patients. According to a local ABC news station in Ohio, residents at a skilled nursing facility recently received a visit from Gremlin, a 7-year-old pit bill rescue and certified therapy dog. Gremlin, a former a bait dog in a dog-fighting ring, was terribly abused before she was rescued. She can no longer bark and is partially deaf. Although the pit bull may seem intimidating at first, residents quickly warmed to Gremlin’s sweet demeanor and face licks. A staff member reported that residents’ faces lit up as soon as the dog walked into the room and that the dog’s presence prompted most residents to come out of their rooms and be social. One resident marveled at Gremlin’s ability to give love after being so horribly abused, reminding patients and staff alike that love and affection truly can be the best medicine.

Another nursing home also uses a form of alternative therapy. Beatitudes, a nursing facility located in Arizona, has an unusual philosophy: “To let patients do what they want.” The facility was originally created to provide care to seniors who prefer independent living options, but Beatitudes also provides more advanced care if needed, such as home care services and assisted living.

For Alzheimer’s residents in particular, Beatitudes offers a unique approach because residents are encouraged to pursue the activities they prefer and enjoy, which could include playing the piano, eating what they wish, or participating in arts and crafts. According to a local NBC station in Arizona, experts at the Beatitudes facility say that one of the mistakes caregivers often make is not incorporating Alzheimer’s patients’ previous passions into their everyday lives.

The staff at Beatitudes is trained to listen to their patients, to let them make their own decisions, and to show them love and support. They also aim to create positive emotional experiences for Alzheimer’s patients, which, research suggests, reduces stress and behavioral problems. For example, if an Alzheimer’s patient asks where her deceased husband is, a staff member may respond that “he can’t be here right now” instead of “he died four years ago.” Such a response answers the patient’s question without forcing her to relive the pain.

Residents at Beatitudes still receive the medical treatment ordered by their doctors. However, the staff attempts to remove discomforts (e.g. deep-seated wheelchairs that make it more difficult for patients to stand up) and reviews residents’ biographies in order to make them feel at home.

Unlike many negligent nursing homes, Beatitudes has also drastically reduced the distribution of antipsychotics and certain medications. The staff also tries to encourage activities that will foster group participation and interaction between patients, staff, and family members, such as block building and coloring. Under the Beatitudes approach, residents and their families report a better quality of life, less staff turnover, and lower costs.

Continue reading "Unique Alternative Therapies for the Elderly: Animal Therapy & A Positive Attitude May Go A Long Way" »

Our San Diego nursing home abuse lawyers know that both federal and state law guarantee elderly patients certain rights and protections, including the right to adequate medical treatment and care, as well as the right to be treated with dignity and respect. Those protections include the right to be free from physical or chemical restraints that nursing home staff may wrongfully use to control or discipline patients.

On the other hand, some unscrupulous staff members may deny elderly residents treatment or take medications from their patients. According to the Atlanta Journal Constitution, a forty-year-old registered nurse, Amy M. Armstrong, was recently caught stealing pills from an elderly hospice patient. The nurse was employed by a hospice agency to provide care for the patient in the patient’s home. A family member of the victim suspected that the nurse was stealing the medication and alerted police. Police set up video cameras in the victim’s home so they could catch the nurse in the act.

While police watched, the nurse removed the victim’s narcotic painkillers from the victim’s home. When officers moved in to arrest the nurse, they discovered the narcotic painkillers and anti-depressants on the nurse’s person. The nurse was charged with two counts of felony theft by taking, two counts of California elder abuse, and two counts of possession of controlled substances. She is currently being held on bond.

Thanks to the diligence of the police and the elderly patient’s family member, this negligent caretaker was caught red handed. Unfortunately, abusers often target the most vulnerable members of our elderly population. In this case, the nurse—who had been hired to provide care and comfort—was stealing the medication necessary to ease the pain of an elderly hospice patient. As a result, the nurse faces both criminal and civil sanctions.

In other instances, San Diego negligent nursing homes may overuse medication to manage “hard-to-control” patients, particularly those with dementia. This type of elder abuse is often referred to as using medication as a chemical restraint. Caregivers may attempt to take the easy way out instead of providing each patient with the attention and individualized treatment he or she deserves. Family members should be aware of important warning signs such as if your loved ones are unusually lethargic or disoriented for no reason. They could also appear confused at times or extremely forgetful.

If you suspect that a loved one is being abused in any way, one way to help stop abuse in its tracks is to check in on your loved ones frequently. Calling or visiting elderly relatives or friends can alert family and friends to the signs of abuse. Family members should feel free to check in with their loved ones’ doctors or caretakers and to either support their loved ones as they voice complaints or concerns about care or raise such concerns themselves. Many facilities permit and encourage residents or family members to recommend changes in policies or services to facility staff.

If your concerns go unaddressed, family members should not hesitate to report abuse. Reporting elder abuse is essential to preventing the abuse from escalating. Our San Diego elder abuse attorneys know how to walk you through the process and how to help you protect your loved ones.

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A California nursing home in Los Angeles County was fined $75,000 after state investigators concluded that a patient’s feeding tube had been inserted incorrectly. The 78-year-old patient, who suffered from Alzheimer’s and was also recovering from a stroke, died six days later.

The Los Angeles Times reports that the patient, who was admitted into the Whittier facility in 2008, complained of abdominal pain and of having trouble breathing after the tube was inserted. Shortly after the man arrived at the emergency room, doctors discovered that the man’s stomach was inflamed. The man underwent an operation and was put on a ventilator, but could not be saved.

Feeding tubes are usually categorized by their intended use and the site of insertion. One of the most common types is the gastric feeding tube (also know as a gastrostomy tube or g-tube), which delivers food and medication into a patient’s stomach. Feeding tubes are frequently used when a patient cannot eat or drink because he or she cannot swallow. Though usually rare, a variety of complications can occur, including a loosening of the tube, leaking at the insertion site, which can lead to infection, and irritation at the insertion site. Improper insertion of a feeding tube can lead to serious complications, however, and even death.

All California nursing home facilities are required to comply with applicable state and federal laws and regulations governing health care facilities. According to health care standards, nursing home workers must check for proper placement before using a feeding tube for any reason. Proper monitoring by nursing home staff after the tube is inserted also greatly reduces the chance of complications. Failure to comply with those standards can lead to legal liability for negligent nursing homes and their staff.

In the Whittier nursing home case, the feeding tube misplacement caused inflammation, respiratory failure, and septic shock because it was mistakenly inserted into the patient’s peritoneal cavity, a fluid-filled gap between the wall of the abdomen and the organs contained within the abdomen, instead of directly into his stomach.

After the man’s death, the California Department of Public Health (CDPH) launched an investigation. CDPH ultimately concluded that the nursing home had improperly inserted the 78-year-old’s feeding tube.

Our firm, which handles elder abuse and neglect cases, knows that negligent facilities deserve to be exposed. As a result of CDPH’s negative findings, the nursing home will have to pay a hefty fine of $75,000. In addition, the facility received a “AA” citation, the most severe category under California law. The Whittier facility, which plans to appeal CDPH’s decision, has been cited by the state a staggering 63 times in the last five years. They currently also have a low rating in the federal Nursing Home Compare rating system: 2 out of 5 stars.

If you have questions or concerns about the care your relatives or friends are receiving from their caretakers or in a nursing home or assisted living facility, our San Diego nursing home attorney can help you find out the answers to your questions.

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Feeding Tube Misplacement Can Cause Serious Injury or Death

At a time when reports of elder abuse are on the rise across the nation, our San Diego elder abuse attorney knows it is important to be aware of the various types of abuse and the associated signs and symptoms.

Typically, elder abuse or neglect is often thought to be physical or sexual. For example, at negligent nursing homes some indicators of physical abuse may include unexplained bruises or signs of use of restraints such as rope burns or other suspicious marks. Neglect can include untreated infections, serious bed sores, or a lack of proper supervision.

Elder financial exploitation is also common. According to the San Jose Mercury News, 563 reports of financial abuse of people over 65 were filed in one central California county in 2010 alone.

Generally, elder financial abuse is defined as the improper or illegal use of a senior’s monetary funds, property, or resources. Common examples include: telemarketing fraud, identity theft, unusual banking account activity, or financial scams.

For example, The Monterey County Herald reports that a scheming contractor solicited home repair and remodeling projects from elderly residents in several California towns. The contractor never completed the promised services and then disappeared with the elderly victims’ money. Losses ranged from just over $1,200 to as much as $65,000.

In other instances of elder financial abuse, caretakers, nursing home workers, or others who are close to older victims may take advantage of an elder’s vulnerability and trust. For example, someone close to the victim may remove money from a senior’s bank account without his or her knowledge or consent.

Although the U.S. Administration on Aging states that the number of reports of financial abuse has been on the rise since the downturn of the economy, some elderly victims may be reluctant to report the abuse because of their personal relationship with the abuser. At other times, the senior may not even realize he or she is being victimized. Family members and friends of seniors should be on the lookout for unexplained bank withdrawals and “lost” or “misplaced” credit cards or checkbooks. The disappearance of valuables may also be a sign. Other warning signs include changes in a loved one’s behavior like appearing depressed, angry, or unusually secretive.

Unfortunately, elder financial exploitation also frequently occurs in connection with other forms of abuse and neglect. In fact, in some instances, financial exploitation and emotional abuse of elders may go hand-in-hand. A senior may be afraid to say no to a caregiver when he or she is threatened, intimidated, or made to feel guilty about receiving care. Those taking advantage of an elder may isolate the elder so that he or she has limited contact with others, leaving him or her feeling alone.

Thankfully, our California elder abuse lawyer can guide you to the right resources so that you can recognize the signs and symptoms of all forms of abuse or neglect. If you suspect that a friend or loved one has been neglected or abused, please contact the appropriate authorities and a qualified attorney immediately. Elder financial abuse cases can be reported at your local Adult Protective Services agency or law enforcement agency.

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For nearly half a century California has been a pioneer in the field of adult day health care, creating a system designed to provide health and social services to the elderly and disabled. The Adult Day Health Care (ADHC) system was established in the 1970s, in part as a response to stories of nursing home abuse or neglect like bed sores, infections, falls, inadequate supervision, misuse of medication, malnutrition, and dehydration.

The California ADHC benefit provided a system of community services to medically needy elderly and disabled individuals by qualified health care providers, including nurses, social workers, and physical therapists. According to an article in the Times-Standard, which called the California legislature’s recent elimination of the ADHC model the “unkindest cut,” the California ADHC benefit served approximately 55,000 seniors and people with disabilities annually. The ADHC benefit aimed to keep elderly loved ones out of institutions while also easing the caretaking duties of family members. Thus, for the past forty years, the California ADHC benefit has protected some of our most vulnerable citizens and has helped to prevent California elder abuse.

Our San Diego elder abuse attorney knows that the recent budget cuts may soon render elderly and disabled citizens more vulnerable. In March of this year, California legislators voted to eliminate the ADHC’s network of support. California is now grappling with its difficult decision and its subsequent, and somewhat hastily assembled, plan to transition elderly and disabled patients who are currently receiving care under the ADHC benefit to alternative facilities and placements. What was once the nation’s “gold standard” for elder care is now placing elders and their families at risk. Seniors who were receiving community care may have to be placed in nursing homes, increasing their risk for abuse and straining the finances of their families.

One of the reasons the elimination of the ADHC benefit is so concerning is that it may well lead to the very abuse that the plan was originally designed to address and prevent. Nursing home abuse or neglect is often unreported and can be difficult to detect. Family members often do not know how to spot the signs of abuse. For example, unexplained injuries, a sudden loss of weight, or inadequate staffing at California nursing homes may be signs of elder abuse or neglect. As California’s elderly and disabled population is “transitioned” out a system that was reliable, relatively cost effective, and collaborative, those at the most risk for abuse may be made even more so.

Our San Diego nursing home abuse lawyer understands how to guide families and their loved ones through the process of reporting and addressing nursing home abuse. If you suspect abuse or neglect, prompt reporting to authorities is imperative to protecting your loved ones and getting them the care and attention to which they are entitled.

The elimination of California’s adult health care model is indeed the “unkindest cut.” It is tragic because the harm will be inflicted on California’s elderly and disabled residents, all while straining the budgets of families trying to care for some of California’s most vulnerable citizens.

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Most instances of California nursing home neglect are indirectly harmful situations –such as when a resident develops problems like pressure sores or experience a deadly fall because staff members failed to provide close care and observation. However, some instances of outright abuse are also reported. These are situations where nursing home employees engage in knowing or intentional actions that harm these vulnerable residents. Our San Diego nursing home abuse attorney knows that these are often the most stomach-turning cases where justice demands both civil and criminal accountability.

One of the more shocking nursing home abuse cases to be brought to light recently involved an apparent “prank” between employees at a long-term care facility with unsuspecting residents used as the props. According to reports, two nursing home workers at the Valley View Skilled Nursing Facility orchestrated a prank where they apparently rubbed down the bodies of several residents with an ointment. The elderly dementia patients were covered from head to foot with the gel so that they would be slippery when handled. The employees wanted to have a laugh with the evening shift of staff members that were arriving. The workers bizarrely assumed that it would be considered funny for the next crew to have difficulty working with the slippery residents.

Fortunately, some of those who learned about the situation did not find it funny and reported the situation to authorities. The full extent of the situation came out during the investigation. The two leaders of the prank were charged with elder abuse while three other employees were cited for failing to report elder abuse after learning about the situation but staying silent. All five employees had their nursing assistant licenses revoked. The Huffington Post reports that last week two of those employees were also sentenced after being found guilty of California elder abuse. They will each spend 20 days in county jail, will be placed on two year probation, and must perform community service.

The news was welcomed by all those who understand the prevalence of poor nursing home care and the need to hold abusers accountable. The criminal charge that were filed in this case are rare, as more often than not the only way that this poor treatment leads to punishment is through civil nursing home lawsuits. Our San Diego nursing home lawyer works specifically on these civil suits which operate outside of the criminal system and are usually brought by the family of these nursing home victims.

Unlike criminal cases, civil lawsuits are much more frequently used to hold the nursing home companies themselves liable for the misconduct of their employees at these facilities. Agency rules under the law generally require an employer—like a nursing home company—accountable for those actions performed by their individual employees while on the job. Therefore, while the criminal cases stemming from this incident seek to punish the actual nursing home workers, a civil lawsuit ensures that the company which allowed such abuse to occur is forced to provide redress. All friends and family members of nursing home residents should understand that they have access to these legal tools should the need ever arise to protect the rights of their loved one.

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San Diego nursing home neglect is often difficult to identify, because it can take so many forms. In many cases the neglect causes already fragile residents to develop secondary complications and it is those complications which lead to severe injuries or the death of the resident. Many families are ultimately left unaware that their loved one would likely still be alive if they had received the level of care to which they were entitled. Helping residents identify and prove mistreatment is a key role played by a San Diego nursing home attorney.

There are often many signs and symptoms that if identified can be a good indicator of neglect. One of the more complex forms of California nursing home abuse that occurs with far too much frequency involves misuse of medication. As the Consumerist explained last week in an elder care story, many area nursing homes seek to control residents by essentially drugging them into submission. Appropriate care at these facilities necessitates that the individual needs of each resident be addressed. However instead of providing that care, many nursing homes instead chose to give these residents powerful antipsychotic drugs.

The problem is particularly prevalent for dementia and Alzheimer’s patients. Often these seniors are given vast quantities of drugs intended to be used by those with bipolar disorder or schizophrenia. These drugs have the effect of turning many of these residents in virtual zombies. Tragically, family members often visit their loved one at a facility only to discover that their relative appears lifeless or lacking a vigor that they previous had. Most states require that all residents give informed consent before they are given these drugs. Not surprisingly, many facilities fail to get that consent before administering the medication.

Many of these antipsychotic drugs are given to patients who have not even received a diagnosis for a condition in which the medication was designed to treat. This represents an incredibly dangerous form of abuse. The United States Food and Drug Administration recently explained how the use of these antipsychotic drugs on older dementia patients for unapproved uses can nearly double their risk of death. With sobering statistics like that there is no reason why any facility should even consider using these drugs in this way and putting vulnerable resident lives on the line.

It is important for family members to understand the warning signs of these “chemical restraints” and to know that help is out there. The California Advocates for Nursing Home Reform have actually put together a helpful packet for those in this situation entitled “What You Should Know to Fight the Misuse of Psychoactive Drugs in California Nursing Homes.”

Continue reading "California Nursing Home Neglect Caused By Chemical Restraints" »

A California nursing home neglect case can come in many forms. The most common situation involves a senior resident who begins living in a facility and develops health problems caused by substandard care. In many of these cases it is the family members of the victim who notice the problem, have suspicions about negligent care, and then contact a California nursing home abuse attorney to initiate the legal action. However, with a growing array of at-home care arrangements, many lawsuits now stem from poor care provided in different assisted-living contexts.

For example, Outpatient Surgery News reported this weekend on the latest actions in a Southern California negligence case against a nursing home chain that provided at-home assistance to a disabled resident. The victim in the case was only 24 years old when she underwent surgery to implant a spinal cord stimulator to reduce pain cause by a previous ankle injury. Several months later she underwent a second surgery to reposition the device.

Following these procedures she required at-home nursing care to aid in her recovery. As is common in these cases, the young woman hired a nurse employed by a nursing home firm to provide that necessary assistance. The worker was supposed to visit the woman twice a day for the first week after her surgery. Specifically, the nurse was needed to hook up a morphine pump at the designated intervals. Unfortunately, the care worker was unfamiliar with the processes of using the pumping mechanism. She mistakenly activated the device six times within the first four hours of use, causing it to lock out.

A few hours later the victim’s mother called 911 after being unable to rouse her sleeping daughter. Emergency responders arrived and administered a morphine reversal agent after finding her unconscious. The young woman was eventually diagnosed with hypoxic encephalopathy caused by the morphine drip error. She suffered a permanent brain injury likely necessitating around the clock care for the rest of her life.

Following the tragedy the family of the young woman initiated a California nursing home lawsuit on her behalf. They sought to hold the company which employed the nurse liable for the debilitating injuries caused by her negligence. Upon hearing the evidence in the case the jury eventually awarded the victim $9.9 million to cover the necessary medical care for the rest of her life. A California appeals court recently upheld the decision last week.

Continue reading "California Nursing Home Neglect Case Ends with $9.9 Million Jury Award" »

One of the main challenges faced by victims of San Diego nursing home abuse is the difficulty in identifying and documenting specific instances of poor care. Many area nursing home residents do not understand their right to receive proper care or recognize when they have received substandard treatment. Even when they are aware of negligence by employees, many seniors and their families are unsure what they should do to document the problem.

Documentation is often important in these matters, because judges, juries, and state regulatory bodies often rely on a paper trail to understand the sort of care that a resident received. Unfortunately, there remain lax standards when it comes to keeping track of reports of San Diego nursing home neglect. The problem exists throughout the state as facilities in all corners of California are currently not required to document when a resident or family member files a complaint suggesting substandard treatment.

One local advocate is seeking to change that, and is urging that the state pass legislation which would force nursing homes to keep track of neglect and abuse charges. The North Country Times reported on the legislative push last month. The effort is being spearheaded by Lynda Tammone, an area resident who became frustrated after her husband received substandard treatment while spending a year in a nearby nursing home following sudden health problems.

A former emergency medical technician, Mrs. Tammone carefully documented the care her husband received while at the facility. She found at least 27 separate instances of mistreatment including staff member’s failure to act on low blood sugar levels, failure to assess skin tears and abrasions, and failure to document skin problems on weekly reports. She eventually sent a letter to the California Department of Public Health explaining the problem. While the state department ultimately substantiated some of those claims, many other were deemed unsubstantiated because of documentation deficiencies.

State inspectors explained that many allegations cannot be proven if they are not mentioned in a patient’s medical record. Therefore, if a facility fails to keep proper medical records of health problems or care complaints, then many genuine claims will go uncorrected by state officials. This apparent loophole is what is spurring Mrs. Tammone to seek legislative changes in the hopes of catching more instances of California nursing home neglect.

The bill likely faces strong opposition in the state legislature as large nursing home interests are likely to vehemently oppose efforts to keep track of care complaints. If these logs were kept, then elder care advocates would be able to more clearly show how a facility had notice of a certain problem and then failed to take corrective action.

Our San Diego nursing home neglect lawyer is well versed in the way that proper documentation is used to provide justice to families harmed by nursing home abuse and neglect. One of the main ways that an attorney aids in these situations is by understanding what facts are relevant in the legal system and knowing how such facts can be proven to a judge or jury. In the nursing home context, this includes recognizing the records that help prove a claim and identifying where evidence of poor treatment can be found. If you or a loved one may have been injured because of poor care, please visit a legal professional to learn how the truth about the treatment can be uncovered and reported.

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Southern California elder abuse occurs with surprising frequency, affecting thousands of area seniors. Unfortunately, in many ways it remains a hidden problem because most cases of elder abuse and neglect are never reported and wrongdoers are rarely held accountable for their conduct. This sad reality was brought home in an SF Weekly post on Monday which explained how fewer than one in one hundred cases of elder abuse ever result in a criminal conviction.

A comprehensive report conducted by the area police department uncovered the infrequency of punishments for elder abusers. The data mirrors similar research by state agencies which also highlighted the infrequency with which this conduct is ever brought to light. For example, the state’s Department on the Status of Women found that only one in five cases of California elder neglect are even reported to authorities.

Elder care advocates explain that many seniors do not report mistreatment because of what they call the “fatigue factor”—where seniors are reluctant to engage in a legal battle following poor care. In the nursing home context, unfamiliarity with their rights is also a factor in the underreporting of neglect. Many vulnerable residents of long-term care facilities are unaware of the level of care to which they should be entitled. Therefore, if a nursing home employee fails to provide them with the assistance they need many seniors are unlikely to share the situation with concerned friends or family members. Similarly, most nursing home residents are not familiar with more nuanced forms of nursing home neglect, such as the failure to properly supervise residents or allowing resident-on-resident attacks.

Our San Diego nursing home abuse lawyer understands the disconnect between the neglect that occurs in our nursing facilities and the neglect that is actually reported. It is important for nursing home residents and their families to understand that the requirements for a case to be filed in the criminal justice system as opposed to the civil justice system are much different. Even if conduct does not rise to the level of an actual crime, it still may be evidence of negligence for which the wrongdoer can be held responsible in a California nursing home lawsuit.

For example, pressure sores are some of the most common preventable injuries suffered by nursing home residents. In most cases they are caused by the failure of a nursing home employee to properly reposition bed-ridden residents or ensure the timely treatment of infected skin areas. It is usually unlikely that a nursing home employee will be charged with a crime for allowing pressure sores to develop. However, if this situation occurs in our area than it is entirely prudent for a San Diego nursing home neglect lawsuit to be filed to hold the employee and the nursing home itself accountable for the consequences of its negligence.

Many families file these lawsuits in an effort to ensure respect for their loved one’s rights as well as to demand that improvements be made at these substandard facilities. In this way the civil justice system is an important tool in the effort to improve the treatment of vulnerable nursing residents across our area.

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