Southern California Nursing Home Abuse Lawyer Blog
Walton Law Firm recently settled the case of A.Q., a 78-year-old woman who died tragically after acquiring multiple bedsores that developed and worsened while she was under the care and treatment of a San Diego home health care agency. Ms. Q was survived by her three children who brought a legal action for both wrongful death and elder abuse and neglect, contending that the result of careless and reckless conduct committed by a license vocational nurse (LVN) who ignored the development and worsening of Ms. Q’s wounds, and failed to notify a physician of the severity of the wounds or make a request for Ms. Q to be sent to the hospital.
Walton Law Firm initially argued that the pressure sores suffered by Ms. Q were the result of negligence, and that such negligence was a substantial factor in her premature death. The home health provider, it was argued, failed Ms. Q when it 1.) failed to obtain an air mattress for Ms. Q as requested by caregivers, 2.) failed to obtain additional nursing care for her when it was obviously needed, 3.) failed to have Ms. Q seen by a registered nurse or mobile physician, and 4.) failing to have Ms. Q transferred to a hospital where she so obviously need to go.
In addition, Mr. Walton also contended that the treatment of Ms. Q was so egregious, that it rose to the level of elder neglect under California law. In order to show neglect, Ms. Q (through Walton Law Firm) had to show that the home health agency either failed to use the degree of care a reasonable person would have and/or failed to protect Ms. Q from health and safety hazards. It has had to show these failures were done with the conscious disregard for the rights and safety of Mr. Q.
If you have been pressured to move a parent into hospice care, your elderly loved one might not receive the kind of treatment she or he needs. For-profit companies shouldn’t be allowed to take advantage of older adults. Indeed, we might think of these actions as another form of 
Are some of these options better than others? Depending on your unique situation, there are many factors to consider when deciding what kind of care is best for someone who suffers from dementia. If you have questions or concerns about the level of care your elderly loved one has received or is currently receiving, it’s a good idea to contact an experienced 
Many states have been tightening their oversight of home care agencies over the past several years, due to a general sense of inadequacy in the services provided by these companies. And now, California has joined that group. According to an article in the New York Times, “California has become the latest state to tighten oversight of home agencies that provide custodial care—help with bathing, dressing, toileting and other basic tasks—to older adults and people with disabilities.”
A recent article in U-T San Diego reported that many seniors are able to remain in their homes, even when they require specialized care. Indeed, according to the U-T San Diego article, in-home health care can actually “serve as a less expensive and more personalized alternative to residential care facilities for seniors.”
