California Nursing Home Abuse Lawyer Blog

Nursing home abuse and neglect lawyers in California often lament the state's weak enforcement of bad nursing homes. The California Department of Public Health, due primarily to inadequate funding, rarely provides the strong oversight of California's 1,200 or so licensed skilled nursing facilities. As a result, bad nursing homes operate with relative impunity, and those who screw up rarely suffer the consequences.

Apparently California is not alone. In Connecticut, the director of the state's Department of Public Health said his unit is dangerously understaffed. He has only four investigators to oversee the state's 231 certified nursing facilities, and told the Norwich Bulletin that if he had 10 more, he would have a lot more cases.

State Sen. Edith Prague has apparently had enough. She is set to re-introduce a bill that would make it easier to hold the owners of nursing homes criminally responsible for abuse and neglect of patients in their facilities. Under Prague’s bill, the state's DPH would be required to include a notice in nursing home applications telling owners they could be held criminally liable for patient neglect by employees, including for things such as inadequate staffing. “You can’t sue the state, but the nursing home owners who cut back on staffing I feel should be held responsible,” Prague said.

The bill was partly motivated by the story of Robert Wininger, a Connecticut man who died after developing gangrene in both legs while residing in a nursing home. The family filed a wrongful death lawsuit, and named as a defendant the state's public health commissioner.

Do we need such a bill in California? At Walton Law Firm, we have seen many deplorable acts of neglect and abuse, many of which have been investigated by the state, only to result in a small slap on the wrist. Maybe the threat of criminal prosecution would force the repeat offenders to either sell to competent owners or get out of the business.

Source: Norwich Bulletin

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

George Washington once said:

Discipline is the soul of an army. It makes small numbers formidable; procures success to the weak, and esteem to all.

Letter of Instructions to the Captains of the Virginia Regiments [July 29, 1759]. The advocates of consumer rights, viewing the resources of defense firms and corporate defendants, can relate to the trepidation felt by the out-numbered and out-gunned Continental Army. Because of that disparity in resources, Consumer Attorneys of California ("CAOC") consolidates the voices of consumer attorneys throughout the state to (1) preserve and protect the constitutional right to trial by jury for all consumers, (2) champion the cause of those who deserve redress for injury to person or property, (3) encourage and promote changes to California law by legislative, initiative or court action, (4) oppose injustice in existing or contemplated legislation, (5) correct harsh, unjust and oppressive legislation or judicial decisions, (6) advance the common law and promote the public good through the civil justice system and concerted efforts to secure safe products, a safe workplace, a clean environment, and quality health care, (7) uphold the honor, integrity and dignity of the legal profession by encouraging mutual support and cooperation among members, (8) promote the highest standards of professional conduct, and (9) inspire excellence in advocacy. This post is a multi-blog effort to inform consumer attorneys about CAOC's value and encourage participation in CAOC through membership.

CAOC works tirelessly to protect or advance those causes of import to consumers and their attorneys in California. Often those efforts, though valuable, receive little fanfare. For example, CAOC recently sponsored SB 510, which affects the re-sale of what are known as "structured settlements," in which victims receive financial compensation over a period of time for medical expenses and basic living needs, as determined by a jury. Before SB 510 was signed by the Governor, Courts expressed frustration at their inability to prevent the sale of structured settlements on terms that might ultimately lead to long-term financial hardship for the victim. Now, SB 510 gives judges the information they need to make a reasoned decision about the propriety of a structured settlement sale.

Measures like CAOC-sponsored SB 510 help protect the most vulnerable members of our society and ask for nothing in return. They exemplify the spirit of CAOC. However, CAOC is only as effective in its mission as its membership allows it to be. When consumer attorneys join the ranks of CAOC, its voice gains in power and clarity. But if consumer advocates sit on the sidelines, hoping to benefit from the work of others, CAOC is stretched thin, and we are all at risk as a result.

Now, consumer advocate bloggers from across the state are combining their voices to call upon each and every lawyer and firm that regularly represents plaintiffs to join CAOC, thereby strengthening the consumer's first line of defense. The blogs participating in this unified call to action are:

• The Complex Litigator (H. Scott Leviant)
• The UCL Practitioner (Kimberly Kralowec)
• TrialLawyerTips.com (Mitch Jackson and Lisa Wilson)
• California Injury Blog (John Bisnar)
• San Diego Injury Lawyer Blog (Ross A. Jurewitz)
• San Diego Car Accident Lawyer Blog (Ross Jurewitz
• California Nursing Home Abuse Lawyer Blog (Walton Law Firm LLP)
• San Diego Injury Law Blog (Walton Law Firm LLP)
• Bailey Class Action Daily (Matt Bailey)
• California Employee Rights Blog (James J. Peters)
• An Appeal to Reason (Donna Bader)
• California Personal Injury and Insurance Blog (Jonathan G. Stein)
• California Debt Blog (Jonathan G. Stein)
• California Personal Injury Law Blog (Norman Gregory Fernandez)


• Biker Lawyer Blog (Norman Gregory Fernandez)

Show your support of consumers' rights by supporting CAOC. Together we can make an impact that we cannot make alone.

As America's elderly population continues to explode (it will double by 2030), an important question that has received little attention in the national healthcare debate is how the U.S. will be able to deal with 78 million aging baby boomers. Those of us who practice elder abuse and neglect law regularly see the costs associated with long term care, and let me tell you, it ain't cheap.

For many nursing home residents the story goes like this: there is an event that causes them to be hospitalized, whether it's an injury such as a fractured hip, or an illness. It is determined that after the hospitalization, nursing home rehabilitation is in order. The hospitalization and the first 100 days of nursing home care will generally be covered by Medicare. When the 100 days is up, and the person is determined to be too frail to return home, the financial obligation falls upon the resident, or his or her family. At $5,000 - $10,000 per month, this can quickly be financially devastating. If there is no money, or the resident's spends it all in the first months of care, they are typically qualified for Medi-Cal, and the taxpayers foot the rest of the bill, even if the patient spends the next five years in the nursing home.

This article at NewAmericanMedia.org addresses this very question.

Unlike any other economically advanced country, continuing-care coverage available to older Americans and people with disabilities is available mainly through Medicaid, a poverty program forcing people to "spend down" until they are poor enough to qualify. Private long-term care insurance is generally unreliable and covers only 6 percent of older Americans.

That's true. We rarely see clients with long term care insurance. As stated, the vast majority are Medi-Cal recipients, many of whom ended up there after spending down all their assets for prior care.

The high costs of long term care is an important issued that has been lost in the national debate over the capacity of the U.S. economy to handle the cost of comprehensive health care reform. Even though conservatives and the cable media have instilled fear in the American public that modest reforms would break the Treasury if they hit a staggering $1 trillion over 10 years — that amount would represent merely three percent of the $30 trillion projected over the coming decade in U.S. health care spending.

To read the entire article Health Care Reform's Missing Piece: Elder Care click here.

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

Starting yesterday, new California regulations will require finger printing and a criminal background check for all new in-home caregivers before the caregivers can get paid. The law, enacted to help prevent fraud and elder abuse, is not being well received by many providers.

Many counties have complained that the new mandate from the state has been poorly explained, and most are unprepared to implement it.

"We've been working with the counties since the budget passed to talk through these very significant changes. We understand that the timelines are very aggressive," said Lizelda Lopez, spokeswoman for the state Department of Social Services. "But we must comply with the law."

Many counties workers have said the new laws have created chaos. For example, while the new law requires criminal background checks, most county employees are not authorized to conduct such background checks. Plus, an orientation video provided by the state is in English only, causing problems in certain communities.

The California In-home Supportive Services program has been the subject of much debate in Sacramento. Governor Schwarzenegger contends that the program is riddled with fraud, and Democrats see it as a humane and cost-effective alternative to nursing homes.

Source: TheCalifornian.com

The nursing home abuse and neglect lawyers at the Walton Law Firm represent individuals and families who have been abused or neglected in nursing homes, assisted living facilities, or by in-home caregivers. Call (866) 607-1325 for a free consultation.

Governor Schwarzenegger has vetoed SB 303, a proposed law that would require doctors to inform residents about the dangers of psychotropic medications, and require nursing homes residents to give consent before such drugs can be given.

According to the California Advocates for Nursing Home Reform (CANHR), the use of psychoactive drugs has become an epidemic in California. According to one study, nearly 60% of all California nursing home patients are administered psychoactive narcotics, a huge increase from only a decade earlier.

Governor Schwarzenegger admitted that misuse of antipsychotic drugs is a serious problem in nursing homes when he vetoed the legislation, and even cited a study that found more than have of all residents on psychoactive drugs are in violation of federal guidelines.

“It is shocking that the Governor is protecting doctors and nursing homes that are drugging tens of thousands of elders with dementia into submission,” said Patricia McGinnis, CANHR’s executive director. “Thousands of nursing home residents will continue to die from these deadly drugs.”

SB 303 was sponsored by CANHR and received the support of many statewide organizations, including AARP, Alzheimer’s Association, California Alliance for Retired Americans, California Senior Legislature, Congress of California Seniors, Consumer Attorneys of California, Bet Tzedek Legal Services, Advocacy, Inc., Foundation Aiding the Elderly, Gray Panthers Sacramento, and Older Women’s League of California.

Source: CANHR

The nursing home abuse and neglect attorneys at the Walton Law Firm represent individuals and families who have been abused or neglected in nursing homes and assisted living facilities. Call (866) 607-1325 for a free consultation.

A report being released today by the Government Accountability Office finds that the federal program designed to identify and scrutinize the country's worse nursing homes is missing many of the poor performers. The Centers for Medical and Medicaid Services has identified about 136 nursing homes nationwide that are considered "special focus facilities" for their history of problems related to patient care, but many more questionable facilities are not making the list.

Herb Kohl, the chairman of the Senate Aging Committee wants more information about all of the poorest performing facilities on the government website Nursing Home Compare. The current report does not identify the homes.

"If far more than 136 nursing homes boast the bleakest conditions, then perhaps we should consider expanding" the program, said Kohl.

The GAO report also suggests modifying the methods used to identify the worst performing nursing facilities, since differing criteria are used in the various states. Comparing the homes on a national standard would ensure that resources go to inspecting the nursing homes that need the most attention.

To read the entire GAO report click here (.pdf).

Source: AP

The nursing home elder abuse and neglect lawyers at the Walton Law Firm 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.

In the 10 years since I took my first case against a nursing home for elder abuse, I have seen a growing number of homes going without liability insurance. While the uninsured problem used to be confined to the small mom-and-pop assisted living facilities with 6 to 12 beds, now I am seeing in large, institutional-type skilled nursing facilities. On Friday, the Oakland Tribune did an excellent article on this problem.

The article profiles the story of 39-year-old Grover Brown, a multiple sclerosis and Parkinson's patient with paraplegia. Brown was a resident of High Street Care Center in East Oakland. High Street is owned by Trinity Health Systems, whose president, Randal Kleis, has operated about a dozen facilities all over California under several corporate names.

While in the care of High Street, Brown developed a pressure ulcer on his coccyx, which, due to neglect, worsened to the point that doctors were required to remove his tailbone to curtail the deep infection. Brown and his family hired an elder abuse attorney, who sued High Street for abuse and neglect under California's elder abuse laws, which also protect "dependent adults" like Brown.

But, as the story points out, Brown will not likely see any big settlements for his avoidable suffering. High Street carries no liability insurance, and the corporate ownership structure is set up in such a way that makes it very difficult to pursue the owners for the treatment Brown received. The government will end up picking up the tab for the expensive medical care Brown received, and the owner will continue operating substandard facilities with impunity. It's an ugly cycle that those of us who prosecute nursing home and assisted living facilities see all the time.

There is a fledgling movement to enact a law requiring that nursing homes carry liability insurance, but any action seems a long way away. There is a moral component at work here. AARP spokesman Mark Beach said every responsible business should have liability insurance, particularly those businesses that care for the most vulnerable among us. Having insurance "is the right thing to do," said Beach.

To read the entire Oakland Tribune story click here.

The attorneys at the Walton Law Firm represent seniors and dependent adults who have suffered neglect or abuse nursing home, residential care, or board-and-care setting. Cases are taken in all Southern California counties, including Los Angeles, San Bernardino, Orange, Riverside, and San Diego. For a free and confidential consultation call (866) 607-1325.

A bill that will increase fines from $6,000 to $10,000 for individuals found guilty of placing an elderly person (over age 65) or a dependent adult in a situation where death or great bodily harm is likely has been signed by Governor Schwarzenegger. The bill, which will take effect January 1, 2010, will also increase penalties for those placing seniors in dangerous situations that are not likely to cause death or great bodily harm.

The new law was supported by Sen. Jenny Oropeza, who acknowledged that "Elder abuse for far too long has been a hidden, pervasive and deadly crime where out of 5 million recent cases, a shocking 84 percent went unreported." Under the new law, she said, "California's senior citizens and their families will rest easier knowing that my new law will help protect them from abuse."

Source: Long Beach Press-Telegram

The Southern California elder abuse and neglect lawyers at Walton Law Firm LLP represent individuals who have suffered abuse or neglect in the hospital, nursing home, or residential care setting. For a free and confidential consultation call (866) 607-1325.

Last Friday, Governor Arnold Schwarzenegger signed Assembly bill 392, which provides funding for California's long-term care ombudsman programs. The bill does not restore entirely the cuts that were made last year, but the $1.6 million appropriation to approximately 36 agencies throughout the state will provide sorely needed money to programs that, only weeks ago, were on the brink of dissolution.

"This legislation could make the difference between life and death for nursing home patients facing abuse or neglect. Now patients and their families who depend on the Ombudsman to monitor facilities and investigate key complaints can rest a little easier," said California Assembly member Mike Feuer.

Last year's cuts were exemplified in several high profile cases of nursing home abuse and neglect. In June 2009, a nursing home facility owner and a caregiver were arrested on suspicion of criminal abuse and neglect when a resident suffered from pressure sores so severe they led to a fatal infection.

The population of elder adults in California is expected to grow to 6.5 million by 2010, and to 9 million by 2020.

Source: California Chronicle

The attorneys at Walton Law Firm LLP prosecute nursing homes for the abuse and neglect of its elderly residents. Call (866) 607-1325 for a free and confidential consultation.

The U.S. Court of Appeals, 3rd Circuit has ruled that the Federal Nursing Home Reform Amendments grants residents of county-operated nursing homes the right to bring civil rights claims for allegations of abuse, neglect, or other care-related complaints.

The ruling arose in a case involving the 80-year-old Melvinteen Daniels, who died in a county-run nursing home as a result of neglect, malnourishment, and pressure ulcers. The family brought a lawsuit against the nursing home alleging, among other things, civil rights claims under Section 1983. Challenges to the claims wound their way through the courts and leading to yesterday's ruling.

In a 23-page opinion, U.S. Circuit Judge Richard L. Nygaard held that, "the language used throughout the FNHRA is explicitly and unambiguously rights-creating. These provisions make clear that nursing homes must provide a basic level of service and care for residents and Medicaid patients."

Nygaard also went on to hold that the FNHRA "guarantees" nursing home residents the right to be free from physical abuse, corporal punishment, involuntary seclusion, or restraints imposed for the purposes of discipline or convenience. (Read the opinion here)

The FNHRA was passed in 1987 as amendments to the Medicare Act, and designed to address nationwide concerns over nursing home care.

The elder abuse lawyers at Walton Law Firm LLP provide free consultations to individuals and families who believe a loved one has been abuse or neglected in a Southern California nursing home or assisted living facility.

For the fourth congress in a row, a bill designed to protect seniors from elder abuse has been reintroduced. Sen. Orrin Hatch, R-Utah, and Blanche Lincoln, D-Ark, submitted the bill with the goal of protecting elderly Americans from physical, financial, and psychological abuse.

The bill would order the federal government to collect data on elder abuse; penalize failure to report abuse in long-term care facilities; provide Adult Protective Services grants with $100 million annually for four years; and create a council to coordinate federal, state and local response to elder abuse.

Hatch noted that more that 500,000 elderly Americans are subject of domestic elder abuse, and that the government currently spends almost $7 billion a year on child abuse, but only $163 on elder abuse. He stated that the growing number of elders demands that action be taken.

The nursing home elder abuse attorneys at Walton Law Firm LLP represent individuals and families throughout Southern California, including case of San Diego elder abuse, Orange County elder abuse, and Riverside elder abuse, who have suffered due to abuse or neglect in the nursing home and assisted living setting.

The Ombudsman Services of Northern California, an organization dedicated to creating a corps of compassionate advocates for residents in long-term care facilities believes that state budget cuts to its ombudsman program will lead directly to an increase in cases of elder abuse and neglect.

This year the organization, which tracks approximately 1,600 nursing homes and assisted-living facilities, lost two-thirds of its staff due to shortfalls in the state budget. According to Joan Parks, nursing facilities are already taking advantage of the lack of oversight.

"Our monitoring in these homes was seen as a form of prevention," Parks said.

Prior to the reduction in staffing, the ombudsman program would visit assisted living facilities at least once per month, but now can only afford to go once per year. There is currently legislation to restore funding for California ombudsman programs, but no action has been taken.

The 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.

It is hoped that a new California law which will go into effect January 1, 2009 will cause increased reporting of thefts from elderly residents of nursing homes.

The new law will require police and facility ombudsmen to immediately report cases of known or suspected elder abuse, specifically including theft, to the local District Attorney's office.

Elder theft in nursing homes frequently goes unreported. Nursing home administrators/owners claim that most thefts result from the elder "misplacing" their property. The reality is that most thefts do not get reported because it makes the facility look bad. It is hoped that the new law, which specifically requires facilities to report theft, will result in increased reporting of elder theft.

There are also a few things elders and their families can do to help prevent elder theft:

- Elders should not take valuables with them to the nursing home/RCFE
- Get a small safe and keep any valuables in it, especially at night
- Limit the amount of cash kept by the resident
- If you suspect theft, immediately report it to the administration. If the property is not found within 24 hours, report the theft to police

Washington D.C.'s most powerful lobbyists are being hired by the nursing home industry to fight congressional efforts to reform the industry. The industry is closely watching bipartisan legislation that would significantly increase oversight and enforcement of nursing homes around the country.

The new legislation, recently introduced by Sens. Grassley (R) and Kohl (D), would require nursing homes to fully disclose their ownership structures, and would increase penalties if a patient is injured or dies due to negligent or neglectful care. The industry is expected to pay millions to fight this legislation.

Why would nursing home owners disapprove so strongly of a law that requires them to disclose who actually owns and runs the facilities that provide them such a great profit? Liability. Many owners have created maze-like ownership structures that makes it nearly impossible to find out who actually owns the facility when something goes wrong. It's not uncommon to have a one corporate entity own the building, who then leases it to a second company (the nursing home), who then contracts with a third company to operate it.

Unbeknown to most, however, is that all three corporate entities are run by the same individuals. And when things go bad, the entity most liable for poor care, usually the operator responsible for the day-to-day care, has nothing to offer the resident that was injured or killed because the it carries no insurance, has no assets, and makes no profit. In effect, the victim gets victimized twice.

This new legislation would make the ownership structure transparent, which some advocates say is not enough.

It is nice to know [who the actual owners are], but then what?” said Toby Edelman, senior policy attorney at the Center for Medicare Advocacy. “How do you get these people to be not only identified but accountable?”