California Nursing Home Abuse Lawyer Blog

A jury has awarded the family of a 76-year-old nursing home resident $114 million for egregious nursing home abuse and neglect. The family's lawsuit against the nursing home alleged that the staff knew Juanita Jackson was at a high risk for falls but failed to take preventative measures. She fell within two weeks of admission and suffered a closed head trauma and fractured her upper arm, injuries from which she never fully recovered. The family also alleged that Integrated Health Services, the nursing home where Ms. Jackson lived, failed to provide the elder woman adequate care, including allowing her to become malnourished and dehydrated.

The verdict may not be all that it's cracked up to be. According to news accounts, the nursing home quit defending itself in the lawsuit several weeks ago after many years of litigation, and the family was able to get a default judgment. The judge then asked the jury to determine the proper amount of damages. After some deliberation, the jury awarded $14 million in compensatory damages, and $100 million in punitive damages. The nursing home, of course, was not there to defend itself.

The family intends to do everything it can to collect on the judgment, and told the TheLedger.com that it was proud of itself for standing up for their mother.

Source: TheLedger.com

The Riverside County nursing home abuse and neglect lawyers at the Walton Law Firm represent seniors and disabled and dependent adults who have been abused or neglected in the skilled nursing facility, residential care facility for the elderly, and assisted living setting. Call (866) 607-1325 for a free and confidential consultation.

This is an amazing story. A nursing home video camera catches a nursing caregiver deliberately dump an 85-year-old resident out of her wheelchair and onto the floor, and then simply walk away. In the horrific video, Nurse Jesse Joiner walks over the wheelchair, and abruptly jerks it to the left, causing the frail woman to fall hard on the floor. Incredibly, Joiner simply walks away as the woman is writhing on the floor. As if that weren't stunning enough, minutes later another caregiver notices the woman on the floor, and does nothing for more than a minute. According to the new story, the victim fractured her hip in the fall. Her current condition is unknown.

As a firm that has handled numerous fall-fracture cases in the nursing home, including several that were supposedly "accidental falls" from a wheelchair, it is stunning to see this. You can bet that the nursing notes say that the resident fell on her own, and that she had some propensity to try to get out of her wheelchair. What's also interesting is that the nursing home looks like a pretty nice place in the video, and according to the story has a clean record with state authorities.

As we always say, any unexpected injury, illness, or death should be examined. Also, you can never the judge the quality of a home by how it looks on the outside or inside. How many times have other residents at this home been injured or killed by incidents that were noted to be simple accidents.

CLICK HERE TO WATCH THE VIDEO

Source: WBCBSTV.com

The San Diego-based nursing home elder abuse and neglect lawyers at the Walton Law Firm represent seniors and dependent adults throughout Southern California who have been abused or neglected in the skilled nursing facility, residential care facility for the elderly, and assisted living setting. Call (760) 571-5500 for a free and confidential consultation.

A beleaguered nursing home operated by the Motion Picture and Television Fund was fined by the California Department of Public Health for failing to prevent a serious injury to an 87-year-old resident. The resident was injured in May of last year when, while transferring the resident with a mechanized lift, the resident slid out of the lift and fell to the floor, causing a wound so large that it revealed her cranium.

After its investigation, the DPH concluded that the nursing home failed to follow a plan of care that was designed to prevent the resident, who suffered from Parkinson's disease, from falling. The home was issued an "A" citation and a fine of $7,500.

The citation comes at a time when the nursing home operators, a charity, have decided to close down the home. Currently the home has only 54 remaining long term care residents, which remains open only after protests from current residents and their families.

Despite concerns from families that the incident may have been the result of an "atmosphere of indifference" by staff after learning that the home will be closed, its owners have assured residents that is not the case. Steve Honig, spokesman for the Fund, said the incident happened "because an employee did not follow the proper procedure. Since then, the employee has been appropriately counseled and the resident involved in the situation is doing just fine."

Michael Connors from the California Advocates for Nursing Home Reform told the Los Angeles Times that harsh citations like the one received by the home are rare, and that insufficient staffing was likely the case. This is a charge that the facility flatly denies.

Source: Los Angeles Times

The nursing home abuse and neglect lawyers at Walton Law Firm provide free consultations to individuals and families who believe a loved one has been abused or neglected in the nursing home or assisted living setting. Cases are accepted in all Southern California counties, including San Diego, Orange, Riverside, Los Angeles, San Bernardino and Ventura. Call (866) 607-1325 for a free and confidential consultation.

A Sacramento jury slammed an area nursing home with a $28 million verdict last week after it found the home liable for elder abuse and neglect. Before deliberations, attorney Ed Dudensing told the jury to, "make them feel it." It did. The nursing home, as expected, will appeal.

What is believed to be the largest verdict of its kind, the jury hoped to send a message that if you’re going to run a nursing home, you better do it in a way that doesn't jeopardize the health and welfare of its residents.

The jury came back with the huge punitive damages award the day after it found that the corporation Horizon West Healthcare and its nursing homes Colonial Healthcare committed elder abuse upon 79-year-old Frances Tanner. Tanner, a government worker who at one time worked for the FBI and Internal Revenue Service, was admitted into Colonial in March of 2005. After suffering a fall that went undiagnosed for days, she died seven months later for an infected bed sore.

Colonial Healthcare had a history of problems with regulators, and had been cited in the past for poor care. Tanner's death resulted in its fourth citation in recent years. Dudensing contended that Horizon Healthcare was deliberately understaffed, which resulted in inadequate care and monitoring, leaving its residents, including Tanner, exposed to harm.

Source: Sacramento Bee

The San Diego elder abuse and neglect lawyers at Walton Law Firm provide free consultations to individuals and families who believe a loved one has been abused or neglected in the nursing home or assisted living setting. Cases are accepted in all Southern California counties, including San Diego, Orange, Riverside, Los Angeles, San Bernardino and Ventura. Call (866) 607-1325 for a free and confidential consultation.

The heirs of an elderly nursing home resident have sued the nursing home for causing the death of their father Oliver Shrock. The lawsuit alleges that caregivers at Kindred Healthcare Center in Orange County ignored the family's warnings that Shrock was at risk for falling, and failing to take appropriate fall precautions, such as using a bed alarm. On July 14, 2008, just two months after his admission into the facility, Shrock fell and struck his head. He died four days later.

The California Department of Public Health investigated the 77-year-old's death and concluded that the resident's death was caused by the nursing home's negligent care. A AA citation was issued, and an $85,000 assessed.

According to the lawsuit, Shrock fell shortly after admission, and that while some fall interventions were taken, they were used sporadically. For example, a bed alarm was used on Shrock, but only occasionally. The visiting daughters would repeatedly after to remind the facility to use it. Sadly, on the day of the fall, the bed alarm was not in place. It was the day Shrock was going to go home.

The lawsuit says that "A nurse assistant discovered Shrock on the floor bleeding from his head and she did not know how long he had been lying on the floor." The family's lawyer Anthony Lanzone said the lawsuit was filed to hold the nursing home accountable.

Source: Orange County Register

The nursing home abuse and neglect lawyers at Walton Law Firm provide free consultations to individuals and families who believe a loved one has been abused or neglected in the nursing home or assisted living setting. Cases are accepted in all Southern California counties, including San Diego, Orange, Riverside, Los Angeles, San Bernardino and Ventura. Call (866) 607-1325 for a free and confidential consultation.

The Sacramento Business Journal is out with an article accusing the State of California of exposing elderly nursing home residents to dangerous caregivers because state regulators have failed to implement a 2006 law that requires the creation of a centralized database for background checks on all long-term caregivers.

According to the article, an investigation by the state's Senate Office of Oversight and Outcomes discovered at least 20 incidents where individuals who lost their certification as nursing assistance because of wrongdoing were cleared and hired in a different facility.

“There is no excuse for allowing people with known histories of abuse to work in residential care facilities for the elderly or as caregivers in any other setting,” said Michael Connors, an advocate with California Advocates for Nursing Home Reform, a non-profit that advocates on behalf of nursing home and residential care residents.

One San Diego example provided in the report involved a certified nursing assistant who tried to transfer an 81-year-old nursing home resident by herself from bed to the shower. The resident's care-plan required two CNAs for all transfers. The resident fell, but the CNA never told a supervisor of the fall (presumably out of fear she would get in trouble). The resident's left hip was fractured in the fall, which went undiagnosed for an extended period of time. The resident died two months later. (Walton Law Firm has handled this very type of case - fall with undiagnosed fracture - many times.)

The regulation of nursing home workers has become a serious issue in California, with the growing number of elderly, and the explosion in growth of residential care facilities for the elderly. As of 2008, there were 7,648 RCFEs in California, an 18% jump in just four years.

To read the entire report from the Senate Office of Oversight and Outcomes click here (.pdf).

Source: Sacramento Business Journal

The nursing home abuse and neglect lawyers at the Walton Law Firm represent seniors and dependent adults who have been abused or neglected in the nursing home, long-term care, residential and home care setting. Call (866) 607-1325 for a free and confidential consultation.

A 76-year-old patient at the Ridgecrest Nursing and Rehabilitation Center in DeLand died after falling to the floor and lying there for 12 hours. Barbara Fasold fell out of her bed at approximately 5:00 a.m. and a fractured both legs and her shoulder, and was not discovered on the floor until a shift change at nearly 5:00 p.m. later that day. When discovered, Ms. Fasold was rushed to a local hospital, but was so badly injured in her fall that she died less than a week later.

It is estimated that a nursing home with an average of 100 beds will experience between 100 and 200 falls every year. More concerning is that nearly 2,000 nursing home residents will every year from injuries related to a fall, and fall victims who survive often suffer debilitating injuries.

Nursing homes are required to prevent falls by providing adequate care-planning. Not all falls can be prevented, but if the nursing facility does an adequate job of assessing the risk of falling on a patient-by-patient basis, and then provide regular reassessments and interventions on an ongoing basis, particularly after a fall, many more falls would be prevented.

The attorneys at Walton Law Firm represent seniors and dependent adults throughout California who have been injured or neglect in the nursing home and assisted living setting. Call (866) 607-1325 for a free and confidential consultation.

Ninety-two-year-old Robert Doscher was admitted to Valley Gardens Health Care, a for-profit nursing home, on May 18, 2007. He came from a hospital where he was being treated for a mini-stroke, and other heart issues. Upon admission to the nursing home, he needed the use of a walker, and the plan was to stabilize his health, and transfer him to an assisted living facility.

He required the use of a walker when he was admitted, and it was initially planned that he could be discharged to a board-and-care facility when his condition stabilized. The admission assessment at Valley Gardens determined that Doscher was at "high risk" for falling, and the care plan ordered the he be checked "every one to two hours." He was also instructed not to get up without assistance, and a tab alarm was placed on his clothing to monitor his movements.

On May 21st, only three days after he was admitted to the nursing home, Doscher fell and struck his head on the floor. He was found by staff on the floor. According to the investigation, there was no evidence that Valley Gardens was checking on Doscher every one to two hours, nor did they place him near the nursing station, as had also been recommended upon admission.

Approximately three weeks later, on June 12, Dosher was again found on the floor, and, according to the medical records, Doscher "rapidly developed a change in condition manifested by agitation and then a decrease in his level of consciousness." The following day he was taken to the hospital in a comatose state, and died within 24 hours.

The California Department of Public Health was called to investigate Doscher's death, and issued a "AA" citation and a $90,000 fine for inadequate care that it found led to Doscher's death.

Valley Gardens is owned by Kindred Healthcare Inc. of Louisville, Ky. Kindred had revenue of more than $4 billion as of June 30, 2009 and operates 222 skilled-nursing facilities nationwide.

Source: Recordnet.com

The nursing home neglect lawyers at Walton Law Firm LLP represent seniors and dependent adults who have been victims of abuse or neglect in the nursing home and assisted living setting. Call (866) 607-1325 for a free and confidential consultation.

A nursing home called Valley Gardens Health Care and Rehabilitation in Stockton, California has received an “AA” citation from the California Department of Public Health due the neglect of one of its residents. The AA citation is the most severe penalty that can be levied by the state, and is issued only when a patient's death has occurred in a way that can directly attributed to the conduct of the facility. A $90,000.00 fine was also issued.

According to news reports, which are currently scant on facts, the facility failed to ensure a resident was adequately supervised, resulting in a serious fall, which caused the resident to die.

The California Department of Public Health has the statutory authority license and certify all of California's nursing homes. Part of its authority is to inspect the homes annually, and respond to consumer complaints. If investigations into substandard care are substantiated, the CDPH has the authority to issue citation, and impose fines. Typically, the fine depends on the significance and severity of the substantiated violation.

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Source: KCRA

The Thousand Oaks nursing home abuse and neglect attorneys at Walton Law Firm LLP provide free consultations to individuals and families who believe a loved one has been abuse or neglected in the nursing home or assisted living setting. Cases are accepted in all Southern California counties.

Tri-City Hospital in Oceanside was fined $25,000 by the California Department of Public Health for "failure to ensure the health and safety of a patient" who fell out of bed and fractured her hip. The hospital has modified its policies as a result.

According to reports, a 91-year-old woman who was admitted to Tri-City on December 7, 2008 because of a stroke, and paralysis on her right side, fell out of bed two days later and fractured her hip. She was taken to surgery for repair of the hip, and died the following day in the ICU.

The state investigation revealed that upon admission to the hospital the woman was rated as a high risk for falls; a rating that would require a series of interventions such as bed alarms, padding on the floor around the bed, etc. The investigation revealed that "there was no evidence in the medical record to support that these interventions were in place at the time (the patient) fell.

Tri-City has denied any wrong doing, and has submitted a "plan of correction," which has been accepted by the DPH.

Falls are a serious problem in many hospitals and nursing homes, and are the basis for many legal claims of malpractice and neglect. At this firm, we have prosecuted many nursing homes for injury-causing falls that, we alleged, should have been prevented.

Ten other hospitals in the state also received $25,000 fines, including: Sharp Chula Vista, Chula Vista; Alta Bates Summit Medical Center, Berkeley; Coast Plaza Doctor's Hospital, Norwalk; Kindred Hospital, Ontario; Loma Linda University Medical Center, Loma Linda; Los Angeles County Hospital, Los Angeles; Mendocino Coast District Hospital, Fort Bragg; Redwood Memorial Hospital, Fortuna; Saint John's Hospital and Health Center, Santa Monica; USC University Hospital, Los Angeles.

Source: North County Times

The San Diego elder abuse and neglect lawyers at the Walton Law Firm represent individuals and families who have impacted by malpractice, abuse, or neglect in the hospital, nursing home, or residential care setting. For a free and confidential consultation call (760) 607-1325.

State investigators issued a $100,000 fine to nursing home Aviara Healthcare Center in Encinitas after finding that a resident's death was caused by neglect. The resident died of blunt force trauma after a fall.

According to reports, the resident was at the nursing home to rehabilitate a broken hip, and suffered a fall on May 9 when trying to get out of bed. The following morning at 3 a.m., the resident got out of bed and stumbled into the hallway. A nurse saw him grab onto a large Hoyer lift (a large mechanical lift), which toppled over on top of the resident. The lift struck him in the head, causing a deep cut and a severe brain injury. He died three days later.

Investigators concluded that Aviara Healthcare was negligent for storing the large mechanical lift in the hallway outside the resident’s rooms, and received statements from several employees who stated that the lift was supposed to be stored elsewhere. As a result, a Class AA citation was issued.

Based in Carlsbad, the nursing abuse and neglect lawyers at Walton Law Firm LLP provide free consultations to individuals and families whose loved one has been injured or killed in the nursing home or assisted living setting. Call (760) 607-1325 for a free and confidential consultation.

A Westlake nursing home called Lakewood Manor North was issued the state's most severe fine after an 83-year-old resident died in January 2007.

According to reports, the patient, who was totally dependent on staff, lost his balance and fell when he was being transferred to his wheelchair, striking his head on a bed rail. Shortly after his fall, nurses noted bluish discoloration on the left side of his head. His condition continued to decline throughout the day, and the man complained of not feeling well. During the evening, after consulting with a physician, the man was transferred to a local hospital at 9:30 p.m., where he was diagnosed with severe bleeding on the brain. He died five days later.

Investigators with the California Department of Public Health faulted the nursing home for failing to take action earlier, when it was clear the resident was suffering a significant change in condition.

“Failure of the facility staff to immediately notify the physician and to provide the necessary care and services to [the resident]... presented a substantial probability that serious harm would result, and did result in the resident's death,” the report said.

Another serious matter not discussed in the article is why it took so long for the CDPH to complete its investigation. The resident died nearly two-and-a-half years ago and only now it has completed its investigation. If the family was just now learning about the wrongdoing of this nursing home it would not likely be able to bring any legal action against it because of statute of limitation problems.

Walton Law Firm LLP represents seniors and dependent adults who are victims of neglect, abuse, mistreatment, and malpractice in the nursing home, assisted living, and residential care setting. Cases in all Southern California counties are accepted, including San Diego, Los Angeles, Orange, Riverside, San Bernardino, Ventura, and Imperial.

Every year the typical nursing home will report approximately 1.5 falls per bed, and most falls go unreported. In fact, studies show that 75% of nursing home residents will fall at least once in a year, and nearly one-third of those involve a resident who is deemed non-ambulatory. Sadly, approximately 1,800 people living a nursing facility die every year due to a fall.

Can falls be prevented? Yes, and they should be. With proper care planning, many if not most falls can be prevented in the skilled nursing setting. For example, each resident must be accurately assessed on a regular basis for risk of falling, and when there is a fall, proper assessment must be performed to determine the cause of the fall, and how another might be prevented in the future.

In addition, physical changes in the nursing home can help prevent falls, including the placement of grab bars, lowering beds, and raising toilet seats. Bed alarms can also prevent a fall in a resident who is a known risk.

Yet, in our experience, many homes fail to take appropriate precautions after a resident is deemed a fall risk.

Not every fall is due to nursing home negligence, but many are. The nursing home abuse lawyers at Walton Law Firm LLP have litigated numerous cases involving injury causing falls in the nursing home setting, usually after the facility has failed to take appropriate measures after an initial fall. If you have questions about care in the nursing home, please contact Walton Law Firm LLP for a free and confidential consultation.

Last week President Bush signed into law the Safety of Seniors Act, a bill dedicated to preventing injuries of the elderly inside the home. According to the CDC, one in every three Americans over 65 will suffer a fall their home, and nearly a third of those will require medical treatment. In addition, 80% of elderly Americans who suffer a serious fall will suffer an additional fall within a year.

The bipartisan legislation seeks to develop educational strategies to increase the awareness of falls, support research to identify populations at risk for falling, and encourage projects that promote fall prevention. In California, health officials say they will make fall prevention a major priority starting this summer.

According to the CDC, almost $20 billion dollars is annually on medical costs related to elderly falls, most of which is paid for the Medicare and Medicaid. Because of the aging baby boomers, that figure is expected to rise to $43 billion by the year 2020.

The signs and symptoms of a brain injury are not always as clear as you might think. Most patients who suffer a traumatic brain injury can walk, talk, and give the appearance of a normally functioning person. There are, however, symptoms that point to brain trauma.

The month of March is set aside to increase the awareness of traumatic brain injuries, which can be caused by a bump, blow, or jolt to the head. The Centers for Disease Control and Prevention reports that falls - particularly in people over age 75 - are the leading cause of brain injuries in the United States.

Those who care for the elderly should be aware of the symptoms of a brain injury. In a mild injury, a person might have a persistent headache, confused, or have blurred vision. Another symptoms is a lost of smell or taste. A more severe injury may cause vomiting, slurred speech or weakness in arms or legs.

In the elderly, the best way to prevent injury is to prevent falls. One way to prevent falls is to remove items in the home that can be a trip hazard such as small rugs or electric cords. Another way is to be aware of any medications that might increase dizziness or weakness, and to make sure that any vision problems are addressed.

For more information about preventing falls visit the CDC website.