California Nursing Home Abuse Lawyer Blog

Our San Diego nursing home abuse lawyers know that neglect in assisted living facilities is a serious form of elder abuse. When those responsible for caring for our elderly fail to provide adequate care or violate health or safety standards, they must be held accountable.

Recently, a Michigan nursing home was investigated because maggots were discovered on a female patient. According to an article on AnnArbor.com, staff members at the home told a state inspector they had observed flies on or near the woman approximately two weeks before the maggots were discovered. The maggots were originally discovered because the 66-year-old woman had a catheter for a unitary tract infection. An incident report created by the nursing home stated that the woman was offered a shower when the maggots were found. According to the report, the woman refused the shower, so she was immediately given a bed bath by staff.

However, interviews with a state inspector provide a somewhat different version of events. During those interviews, staff members stated that the woman did not receive a shower because the nursing home did not have enough staff. One aide reported being instructed to document that the woman refused showers. A nurse manager also stated that she was instructed to report the discovery of maggots on the incident report as debridement, which is the medical removal of dead, damaged, or infected tissue. Doing so can increase the potential that the remaining healthy tissue will heal. The nurse manager reported that she was not allowed to put down “maggots” on the incident report.

The story reported that maggots were still present in the woman’s genital area three days after the initial discovery. At that point, the woman was still unable to get out of bed on her own. The woman was later hospitalized. She was diagnosed with septic shock secondary to a urinary tract infection, chronic skin ulcers, and kidney stones. She also had a broken hip due to bone thinning, as well as extensive skin changes due to poor hygiene and refusing to be turned. The patient did admit that she refused showers, but stated she did not refuse bed baths and received them from the staff. However, she stated that she reported the presence of flies in her room, but that staff members did nothing about it. She also stated that she requested that they clean her catheter, but that there were long periods when it was not cleaned.

Serious incidents such as the one here should not occur when nursing home residents are receiving proper medical care and attention. Such care includes adequate staffing so that residents can be checked on regularly and receive appropriate grooming. Generally unsanitary conditions of a facility or residents are signs of a negligent nursing home. As shocking as this incident was, the report revealed that the Michigan nursing home had also been cited for other, more serious violations. For example, violations included the failure to supervise residents confined to a wheelchair, which resulted in the residents being injured. The citations also included: failure to provide a sanitary, comfortable and orderly interior; failure to adequately monitor the fluid intake and output for a patient who became dehydrated; and failure to maintain complete staff personnel files and complete required certification, license, and background checks.

Negligent nursing home practices such as the violations that occurred at this nursing home would almost certainly violate California elder abuse law. If you believe that a loved one is experiencing elder abuse or neglect, please contact a qualified professional immediately. Our San Diego elder abuse attorneys have successfully sued nursing homes and other care facilities in civil courts for injuries caused in a custodial care setting. Our attorneys can be reached toll free at (866) 607-1325 or locally at (760) 607-1325.

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Fall While Receiving California Home Care Leads To Elder Abuse

Less than one month after a convicted sex offender was committed to a nursing home, he began sexually assaulting fellow residents. According to a report in the Des Moines Register, state officials claim that medical experts did not consider 83-year-old William Cubbage to be sexual predator when they recommended moving him to the Pomeroy Care Center.

Yet since he moved into the nursing home facility, Cubbage—who previously had been convicted of sexual assault against both child and adult victims, including several young family members—has been accused of at least three separate sexual assaults involving different victims.

Our San Diego elder abuse lawyers know that sexual abuse can cause life-long trauma for victims and their families. In this case, it is particularly troubling that a convicted sex offender who still showed signs of sexual aggressive was placed in a facility where he could easily prey on vulnerable residents. Cubbage was committed to the nursing home by a judge against the advice of two state psychological examiners.

The first incident occurred when an elderly resident complained that Cubbage stuck his hands in her pants. In a separate incident, a nursing home worker had to intervene when Cubbage allegedly took a different resident into the bathroom and tried to pull off her pants. Workers at the facility also described other occurrences during which Cubbage and another sex offender, who also lives at the Pomeroy Care Center, accosted other residents or chased after school children volunteering at the center.

The most recent incident occurred when a young girl reported to police that she saw Cubbage in an elderly woman’s room with his hands between the woman’s legs. The victim was apparently yelling “No, no, no!” The child’s allegations were corroborated by the physical injuries the elderly woman sustained and by statements from workers at the home.

State inspectors fined the nursing home $10,000. Cubbage apparently still lives at the facility.

According to the National Institute of Justice, victims of elder sexual abuse in assisted living situations face a lower likelihood than those living independently that charges will be brought and the perpetrator found guilty. Perpetrators are more likely to be charged when their victims display signs of physical trauma. However, the older a victim is, the less likely it is that the perpetrator will be convicted.

It is terrible to think that one’s loved ones could become a victim of abuse, especially in a setting where they should receive appropriate care and attention. Unfortunately, California elder abuse is common and frequently goes unreported. Abuse or neglect can take many forms, and it can be committed by a caretaker or even by another resident, as was the case here.

If you are concerned that your elderly friends or loved ones may be at risk for sexual abuse, be on the look out for the following signs and symptoms:
- Suspicious or unexplained cuts or bruises on their bodies
- Signs of anxiety or depression; mood swings
- Isolating themselves from other residents
- Weight loss or gain
- Signs that they are fearful or less forthcoming than usual

Every senior deserves to be free from abuse. The San Diego nursing home abuse attorneys at the Walton Firm know how to present a strong case and protect your loved one’s rights. We do everything we can to get nursing home abuse victims the justice they deserve.

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Last summer, our San Diego elder abuse attorney explained that state budget cuts threatened to do away with California’s Adult Day Health Care (ADHC) system. The system was established in the 1970s, partially as a response to stories of nursing home abuse or neglect. According to a report in the San Jose Mercury News, the cuts that many seniors, their caretakers, and elder advocates have feared for months will take effect on December 1, 2011.

The cuts will eliminate funding for day programs for thousands of seniors and the disabled. Some relatives fear that they now will have to institutionalize their loved ones. Others worry that they will have to quit their jobs or reduce their workload in a job market that is not tolerant of the need for flexibility. At the same time, an increase in San Diego elder abuse or neglect could occur as many seniors are institutionalized or transitioned into programs where initially caretakers will not be familiar with individual residents’ needs.

California’s ADHC system was initially designed to be a cost effective way to keep elders healthy while still enabling them to remain in the community. Seniors involved in the program typically attend adult day care centers a few days per week, which allow them to participate in group activities and exercise. Qualified personnel such as nurses, physical therapists, occupational therapists, and social workers are generally present to help address any medical needs.

The threat of budget cuts has already caused 23 adult day care centers to close this year. Three others plan to close by the end of November. At the end of the year, according to the San Jose Mercury News, the state will end $169 million in annual Medi-Cal funding for 35,000 people in 287 adult day health care programs throughout California, that is, unless a pending lawsuit blocks the state’s plan.

Despite the concerns of staff currently working at adult day care programs, state leaders say there are alternatives to institutionalization or to family members bearing the entire burden of caring for their loved ones. State leaders are transitioning elders and disabled individuals into Medi-Cal managed care plans. They also hope to expand programs that help coordinate care and provide in-home services and other support. Norman Williams, spokesman for the California Department of Health Care Services, stated that the department’s “top goal is to make sure recipients are transferred into services that meet their needs and allow them to remain in the community.”

However, Disability Rights California and other groups have sued the state, seeking a preliminary injunction to block the budget cuts. The lawsuit alleges that the plan will deprive people of their rights under the Americans with Disabilities Act (ADA) because it fails to do enough to enable them to remain in the community and to avoid institutionalization. The ADA prohibits discrimination based on disability and provides protections for Americans who suffer from a “physical or mental impairment that substantially limits a major life activity.” As seniors are shuffled around in order to accommodate state budget cuts, North County elder abuse lawsuits also may be filed if elders are harmed during the transition.

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According to a recent report by All Voices, understaffing is a prevalent problem in local nursing homes. Our San Diego nursing home abuse attorneys know that understaffing at Southern California nursing homes is a serious issue because it has consistently been shown to lead to increased instances of elder abuse or neglect. For example, at facilities where there is understaffing, caretakers may become frustrated and impatient with residents who need extra care and attention. When nursing home employees are overworked due to understaffing, residents often face a higher risk of injuries—e.g. from wandering or falls—due to inadequate supervision.

The latest report listed California as one of the states with the highest rate of elder abuse. Approximately 33% of nursing homes have been reported for abuse. According to the report, 89% of those abused in nursing homes never report their abuse. Tragically, per the reasonable standards laid out by a variety of organization, a tragic 90% of nursing homes do not have adequate staffing. Clearly, it is a problem that can have serious implications for California nursing home residents and their loved ones. Specifically, understaffing can lead to many significant problems, including: low staff to patient ratios, under training, high levels of staff stress and burnout, high staff turnover, false charting, and under- or over-medication.

According to the Center for Disease Control’s 2004 report on nursing homes, the current nursing staff to patient ratio is 1 nursing staff member for every 1.64 residents. Low staff-to-patient ratios mean that employees must undertake too many tasks, so there is not enough time for staff members to spend adequate time with residents. The result is that the amount of time recommended per day for staff to spend with residents is not being met. For example, the federal government suggests that staff members should spend 3.45 hours per day with a resident. Nursing home experts recommend even more face time with staff at 4 hours per day. The U.S. Department of Health and Human Services recently proposed requiring nursing home aides to spend a minimum of 2 hours per day with each resident, but 53% of nursing homes presently do not meet this standard.

Another serious effect of understaffing is that nursing home staff may be undertrained. Since staff-to-patient ratios are often so low, employees are frequently faced with completing tasks that they have not been trained to perform. Our Orange County elder abuse lawyers previously explained that facilities where staff members feel supported and well trained also report better rates of satisfaction from their residents. When understaffing occurs, however, nursing home employees usually experience high levels of stress and burnout, which frequently leads to high rates of staff turnover. Staff turnover disrupts patient care and also contributes to the problem of inadequate training. If staff members are stressed out and burnt out, they can lose compassion and respect for their residents, which can lead to California elder abuse.

Continue reading "Understaffing Cited as a Major Source of California Nursing Home Abuse" »

Falls are a serious problem in California nursing homes and can have serious health consequences for elderly residents. The attorneys at the Walton Law Firm know that a nursing home with 100 beds will have approximately 200 falls a year, many of which will go unreported. Nursing facilities should prevent falls for their residents whenever possible. Serious falls in custodial settings can result in death or drastically alter the quality of living for California seniors.

To prevent falls, nursing home residents should be evaluated for their fall risk when they are admitted, and that assessment should be updated as a resident’s condition changes. Caretakers should consider a resident’s medical conditions and other possible risk factors, such as a resident’s overall mobility or access to fall prevention devices such as bed or tab alarms.

According to a report at Petaluma360.com, a Petaluma woman has filed a California nursing home abuse lawsuit, alleging that her 80-year-old mother suffered from malnutrition, dehydration, and infection that resulted in hospitalization due to nursing home negligence, neglect, and misrepresentation. The woman claims that her mother sustained several injuries, including a broken hip, while receiving home care from Accentcare Home Health of California, Inc.

Nursing home falls can occur for a number of reasons such as inadequate fall risk assessment upon admission, inadequate staffing, and/or inadequate supervision. The Petaluma lawsuit alleges that the senior fell while at home because home health care workers left her unattended even though they knew she suffered from dementia and was at risk for falls. Improper monitoring is a common mistake that caretakers in nursing home facilities make. As our attorneys know, those facilities must make provisions for adequate staffing in order to prevent dangerous falls which includes noting the residents that require close observation.

After her fall, the senior in this case lived at Petaluma Health and Rehabilitation where she was to receive more intensive care. While living there, however, the elderly woman was allegedly denied appropriate care and treatment that included food, hydration, wound care, monitoring, and assessment. As a result, she was hospitalized for malnutrition, dehydration, and serious infections. The elderly woman is now in hospice care.

The allegations against the Petaluma Health and Rehabilitation include failure to provide an adequate number of qualified staff to carry out all functions at the facility. The family of the injured woman claims that an employee misrepresented the quality of care that their mother would receive at the facility, namely that their mother would receive the care and services of specialists and staff that did not exist at the facility.

Continue reading "Fall While Receiving California Home Care Leads To Elder Abuse Lawsuit" »