Articles Posted in Orange County Nursing Home

Falls can result in severe injuries for people of any age in Orange County, but they are particularly dangerous for older adults who may live in nursing homes or assisted living facilities in Southern California. Indeed, according to the Centers for Disease Control and Prevention (CDC), about 20 percent of all falls among the elderly result in a debilitating injury such as a traumatic brain injury (TBI) or a broken bone, and approximately three million older adults need to be treated in emergency departments every year for injuries they have sustained from falls. Of those seniors, about 800,000 need to be hospitalized because of the severity of the injury, which is usually a TBI or a hip fracture. In total, around 300,000 elderly people need to be hospitalized due to hip fractures every year.

When falls happen in nursing homes or assisted living facilities and residents sustain hip fractures, TBIs, or other serious injuries, the nursing home may be liable. Our Orange County nursing home negligence lawyers can explain.

Preventing Nursing Home Falls

Nursing home abuse occurs frequently, but it can still be difficult to spot or identify if you do not know what to look for. Quite often, friends and family members of older adults in nursing homes are in the best position to spot injuries that may have resulted from abuse or neglect, so it is critical to know what you should be observing and reporting. Our Orange County nursing home abuse and neglect attorneys have tips. The following are the top ways to spot nursing home abuse in Orange County.

Learn About Different Forms of Abuse and Neglect

Nursing home abuse and neglect can take many different forms, so it is critical to understand the types of abuse that can occur. Those forms of abuse typically include physical abuse, emotional or psychological abuse, sexual abuse, willful deprivation, and passive neglect.

Many nursing home residents in Orange County and throughout Southern California, as well as at assisted living facilities in the area, require help with activities of daily living (or ADLs). Activities of daily living include things like getting dressed, bathing, using the bathroom, and eating. Help with ADLs does not need to be provided by a nurse, but families should be able to expect that their elderly loved ones will have the assistance with these activities that they need at any nursing home or assisted living facility in Orange County. When a facility is negligent or when an employee fails to adequately assist a resident with one of these ADLs, the resident can suffer serious and sometimes life-threatening injuries. When it comes to eating, there is a serious risk of choking among older adults who need assistance.

What do you need to know about choking hazards among older adults and facility liability for these injuries? Our Orange County nursing home neglect attorneys can say more. 

Choking Hazards and Older Adults

Nursing home abuse and neglect in Orange County is more common than many people think, and some studies estimate that it impacts 10% or more of older adults. Indeed, according to the National Council on Aging (NCOA), one out of every 10 people aged 60 and older suffers some type of abuse each year, and some studies suggest that only about one out of every 24 cases of elder abuse is actually reported, which could mean that the rates of abuse and neglect are significantly higher than what we already know. Some signs of abuse or neglect may be more obvious than others, such as physical bruises or cuts or reports made by seniors who have experienced abuse. Yet as an article in U.S. News & World Report intimates, it is always important to think about signs and symptoms of abuse that may not be as obvious or transparent. Often, the way to learn about some of these issues is to ask questions. Our Orange County nursing home neglect lawyers can tell you more.

When Nursing Home Abuse is Not Transparent

The article in U.S. News & World Report emphasizes that, more often than you might anticipate, “there are harsh secrets in nursing homes” that frequently include “resident neglect or abuse.” As that piece underscores, the COVID-19 pandemic worsened safety and health issues that were already present in many nursing homes in California and across the country as those facilities failed to implement effective infection control measures or to address the effects of isolation and emotional neglect. Yet often, these kinds of issues will only be known to prospective residents or to current residents’ family members if they ask. 

If you have an elderly loved one in a nursing home or assisted living facility in Orange County, you may be wondering about the first signs that could point to abuse or neglect. Depending upon the type of elder abuse or neglect, it can be extremely difficult to identify early warning signs, especially when those signs and symptoms do not include obvious physical harm. Given that there are so many different types of nursing home abuse and neglect that can result in injury and even death, it is important to understand that early warning signs are not always the same, and anything that seems different or suspicious should be treated seriously. Indeed, any unexplained changes in an elderly loved one, including changes in personality or demeanor, as well as indications of infection, warrant further consideration. Our Orange County nursing home abuse lawyers can explain in more detail. 

Identifying Early Signs of Elder Abuse and Neglect Can Be Complicated

One of the reasons that elder abuse or neglect can persist is that family members of the elderly person do not immediately recognize signs of symptoms of abuse. According to an article from the National Institute on Aging and the National Institutes of Health, it is critical to know that elder abuse can affect any older adult, and it can occur in nearly any location — from nursing homes with histories of abuse to state-of-the-art facilities that do not appear to have any outward indicators of problems. 

Depending upon the outcome of a U.S. Supreme Court case, the rights of nursing home residents in Orange County could become devastatingly limited. The Supreme Court recently heard the case of Health & Hospital Corporation of Marion County v. Talevski, a case that concerns the right of individual nursing home residents to file lawsuits for elder abuse and negligence. According to the Kaiser Family Foundation, this case “raises the issue of whether Medicaid beneficiaries can seek relief in federal court when they believe their rights are being violated by state officials, or whether enforcement of state compliance with federal Medicaid rules should be left solely to the federal Centers for Medicare and Medicaid Services (CMS).” 

Ultimately, the case could have reverberations far beyond nursing home resident rights. Our Orange County nursing home abuse lawyers can provide you with more information.

Getting the Facts About Talevski

Psychological and emotional abuse happens much too often in nursing homes in Orange County, and it is important to hold the facility accountable for any harm it has caused. In order to file a nursing home abuse claim arising out of psychological abuse, it is important to understand more about this type of abuse and how it shows up in patients. The following are five things you should know about psychological and emotional abuse in Orange County.

  1. Psychological or Emotional Abuse is a Form of Nursing Home Abuse

While psychological or emotional abuse does not involve the infliction of physical pain, or the deprivation of food or medical care, it is certainly a form of nursing home abuse that happens more often than many people might think. The National Council on Aging (NCOA) explains that it can involve verbal assaults, threats, harassment, intimidation, or behaviors designed to embarrass an elderly nursing home resident. 

Worrying about an elderly loved one in an Orange County nursing home can be stressful and exasperating. When you have suspicions or concerns about nursing home abuse but you are not certain if you have clear evidence of negligence, you may feel unsure about whether you should move forward with allegations against a specific caregiver or against the nursing home or assisted-living facility. Many people find themselves in this situation, and it is critical to remember that the failure to take action can have serious consequences. If an older adult is suffering harm as a result of elder abuse or neglect at a California facility, the consequences can be debilitating and even fatal. 

Ultimately, if you have any suspicions or concerns about nursing home neglect, you should talk with an Orange County nursing home abuse lawyer as soon as you can. In the meantime, we want to provide you with some details about the varied consequences of nursing home abuse, particularly when it goes unreported, in California skilled nursing facilities.

Physical Harm and the Elderly Victim

Nursing home residents in Orange County have a wide variety of rights under California law, which are designed to protect nursing home residents from elder abuse and neglect. Much too often, seniors in skilled nursing facilities in Southern California are still subject to poor care and intentional abuse, and many suffer serious or life-threatening injuries as a result. However, it is still important for older adults and their families to know what their rights are under California law. 

Even if the existence of nursing home residents’ rights are insufficient to prevent nursing home abuse or neglect from happening in the first place, recognizing rights and understanding when they have been violated may allow a senior or her family to take action by filing a claim against the facility or a particular healthcare provider. The following are examples of the resident rights in Orange County nursing homes.

General Residents’ Rights in California Nursing Homes

Although nursing homes in Orange County and throughout Southern California are largely focused on issues pertaining to COVID-19 infections and methods of preventing illness and death among residents and patients, it is important to remember that long-term care facilities still have other duties when it comes to resident safety. Nursing homes and assisted living facilities in California need to provide a certain level of care to patients in order to prevent injuries from happening solely as a result of inadequate care. Many injuries in nursing homes happen because a resident tried to get out of bed herself after being unable to reach a nurse, or a resident fell because a staff member was not providing proper observation.

 
To be clear, many injuries in nursing homes do not result from bad intentions, but rather from a lack of care often due to inadequate staffing. As many staff members call in sick with COVID-19 and staff members are swamped with coronavirus mitigation duties, more residents could be at risk of a fall-related injury. The following are five things to know about falls in nursing homes.

 
Adults Aged 65 and Older Fall More Often Than You Might Think

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