California Nursing Home Abuse Lawyer Blog

In their ongoing series on nursing oversight in the State of California, Tracy Weber and Charles Ornstein of ProPublica are out with another story about California's shortcomings in regulating healthcare professionals. Weber and Ornstein reveal that the national database that tracks dangerous or incompetent caregivers is missing serious disciplinary actions against "what are probably thousands" of health care providers. The revelations apparently surprised federal health officials, who just last month proclaimed that "no data is missing."

For almost twenty years the federal government has kept a database of disciplinary actions against doctors and dentist, and in 1999 individual state boards were required to include in the database reports on all other healthcare professional, including nurses, whose licenses were restricted or revoked. In California, however, not all penalized caregivers were included in the federal database. For example, California has formally disciplined 84 psychiatric technicians over the last two years, yet the federal database does not contain a single report of discipline against a psychiatric technician in the State of California.

The dangers of an incomplete database are obvious, as Dr. Sidney M. Wolfe of the Public Citizen's Health Research Group observed, prospective employers of health care professions could be given "a false sense of security that somebody who may be really dangerous isn't, because their name isn't there."

To read the entire ProPublica article click here.

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 skilled nursing facility, residential care facility for the elderly, and assisted living setting. Call (760) 571-5500 for a free and confidential consultation.

According to new research from Brown University, elderly Hispanics are more likely to live in inferior nursing homes than their white counterparts.

In an article out in the January 10 edition of Health Affairs, a team of researchers takes the first comprehensive look at the types of nursing facilities Hispanic elderly live in, and how the care at those homes compares to homes that house a primarily white patient population. According to the study, the disparity is sharp.

"The most shocking finding is the pervasiveness of disparities in nursing home care that are primarily white, compared to nursing homes that are a mix of whites and Hispanic residences," said Mary Fennell, professor of sociology and community health at Brown.

According to Fennell, the study reflects a change in elder care among Hispanic families, which traditionally has used nursing homes less than white or black families. In Hispanic households, care of the elderly is usually provided by adult daughters. But the economic realities of 21st Century America are changing that. Fennell said that the loss of in-home caregivers is occurring as the growth of elderly Hispanics is rising dramatically.

The study found that nursing home residents are increasingly coming from the lower end of the socio-economic scale, and lacking resources for better quality care in assisted living facilities or elsewhere. "People with resources can get into very good places or alternatives for nursing home care," Fennell said. "Everyone else is left with not-very-good facilities that are not performing well."

Source: Brown University

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 and assisted living setting. Call (866) 607-1325 for a free and confidential consultation.

In their ongoing investigation into California nursing, Tracy Weber and Charles Ornstein of ProPublica are out with an article on temporary nursing agencies being a haven for unfit nurses. Temp nursing agencies are used frequently by local hospitals and nursing homes to fill nursing positions that have been vacated for some reason; usually for day or two, but sometimes open-ended.

In its investigation, ProPublica found numerous instances in which the agencies, desperate to find certified nurses, failed to perform background checks or ignored warnings from hospitals about weak nurses in order to fill nursing orders. It is a profitable undertaking; the temporary nursing industry is a $4 billion industry.

Some of the other ProPublica findings were startling:

- Temp firms hired nurses who had criminal records or left states where their licenses had been restricted or revoked. At least temporary nursing agencies employed a nurse in California whose license had been suspended in Minnesota for stealing drugs at a string of temp jobs. One used him after he'd been convicted of doing the same thing at a Santa Rosa nursing home.

- Nursing agencies shuffled errant nurses from one hospital to another, even as complaints mounted. A Culver City agency continued sending one nurse to hospitals despite more than a dozen warnings that she was ignoring her patients and sleeping on the job. Before she was hired, the nurse had been convicted of 12 crimes, including prostitution, carrying a concealed weapon and possessing cocaine.

- Nurses who got in trouble at one agency had no problem landing a job at another. An Oklahoma nurse cycled through at least four Southern California agencies in a year, accused of pilfering drugs while at each.

Sadly, there are a ton of temporary nurses out their practicing nursing in local hospitals and nursing homes. We see it all the time in our nursing home abuse and neglect law practice. In fact, we've had cases against nursing homes that only used temp labor. According to the report, almost 6% of registered nurses in California (approximately 19,300) are temporary nurses.

Here's a scary example: Nurse Beverley Cathey had trouble in her home state of North Carolina. She decided to move to California in July 2007 for better nursing opportunities. She applied for a job at EZ Staffing in Glendale, told them she had experience in critical care, and the next day she was working at Huntington Memorial Hospital. After a series of nursing mistakes - she had six complaints against her by the end of August - EZ Staffing to check her nursing license in North Carolina. It turns out she was on probation.

Read the full L.A. Times article here for more scary examples.

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. Cases are accepted in all Southern California counties.

There is a growing movement to ban the common practice of requiring nursing home residents to waive their right to file a lawsuit in claims of negligence, abuse, or neglect in favor of arbitration. Last week, several consumer advocates testified before congress and criticized the practice of "forced arbitration."

Public Citizen released a report alleging that the practice of forced arbitration, essentially requiring a consumer to sign an arbitration agreement as a condition of being provided the service, has become pervasive. The report, "Forced Arbitration: Unfair and Everywhere" found that many industries, including nursing homes, banks, contractors, cable companies and auto sales, will require consumes to waive their right to file a lawsuit before the services will be provided.

For years, attorneys and consumer advocates have questioned the impartiality of arbitration, which usually has a lawyer or retired judge, or a panel of them, sitting as the trier of fact. The Public Citizen report reveals that arbitrators for the National Arbitration Forum (NAF), the largest arbitration firm in the country (but one of many), ruled against consumers 94 percent of the time.

With regard to nursing homes, the Fairness in Nursing Home Arbitration Act of 2009 is currently being considered by the U.S. House of Representatives. In current form, the Act would ban the practice of arbitration clauses in admission agreements.

Source: About Lawsuits

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

It's not uncommon to hear nursing home residents to complain about the quality of the food being served. The Nevada state health officials decided to do something about it.

A routine survey last Tuesday by the health department of a North Las Vegas nursing home found some very serious food safety violations. Upon inspection, officials found a 16-foot hole in the ceiling of the kitchen that was leaking, it found perishable foods like chicken and beef being stored at unsafe temperatures, soiled and contaminated countertops, and an "overall inability of the staff to safely prepare food."

So what did the health department do? It didn't force the 240-bed facility to close down. Instead, it suspended the food permits, and required the nursing home to order food from local restaurants. The suspension only lasted for a day. The problems were addressed and the food permit reinstated.

The nursing home still faces the possibility of citations and fines.

Source: Las Vegas Sun

The San Diego-based elder abuse and neglect lawyers at Walton Law Firm LLP represent individuals and families who have suffered abuse or neglect in the hospital, nursing home, or assisted living setting. For a free and confidential consultation call (866) 607-1325, or fill out an online questionnaire.

The North County Times had a good column on the cold reality that elder abuse or neglect can happen anywhere. Susan Reichel, CEO of Advanced Home Health Services in San Diego says that an estimated 2 million elderly Americans are victims of elder abuse, whether its physical, mental, emotional, or financial, and it can occur in the home or at a nursing facility.

We, of course, know this. At this law firm, we take legal action against nursing homes and residential care facilities for abuse or neglect all the time. But it's always worth reminding people that such abuse cases are real and all around us. Remarkably, it is estimated that 84 percent of elder abuse cases go unreported.

The author makes a list of clues to look out for that might be signs of abuse or neglect, and we though it would be helpful to list them here.

● Unexplained injuries: bruises, scratches, fractures.
● Serious and persistent bed sores, signs of improper nursing care.
● Persistent or chronic infections ---- more signs of improper care.
● Sudden or chronic weight loss; is food being withheld?
● Unsanitary living conditions, linens not changed, clutter ignored.
● Increasing dehydration; is water being withheld?
● Sexual abuse: unusual bleeding, suspicious injuries, STDs.
● Repeated wandering by patients who have dementia or Alzheimer's disease.
● Excessive costs, financial fraud, overcharging on medical bills, etc.

San Diego has a variety of resources available if abuse or neglect is suspected. In an emergency, of course, call 911. The local office of Adult Protective Services can be reached at 858-495-5660. If mistreatment in a nursing or care home is suspected, call the Ombudsman Program at 800-640-4661 or call us at Walton Law Firm and we'd be glad to assist.

Source: North County Times

The nursing home abuse and neglect lawyers at Walton Law Firm LLP provide free consultations to individuals and families who believe a loved one has suffered from abuse or neglect in a nursing home or residential care setting. Cases are accepted throughout Southern California.

The Orange County nursing home Tustin Care Center has received a citation and a fine of $50,000 by the California Department of Public Health after a resident choked to death during lunch. A state investigation concluded that the nursing home's failure to adequately assess the patient's growing inability to eat as the cause of death.

According to the state report, the elderly man had been growing weaker over time, but that the nursing facility allowed him to continue to eat regular meals. In March, while eating lunch with his wife, who was also a resident at the Tustin facility, when he had difficulty breathing. As the patient struggled to breath, an attendant was called over, who tried to clear the airway.

The man died at a local hospital later that same day, and an examination found that food was completely blocking his airway.

Details about the Class AA citation can be found here.

Source: Orange County Register

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

After a L.A.Times and ProPublica investigtion found that violent or negligent nurses were allowed to stay on the job for years because of slow responses from the California Board of Nursing, Gov. Arnold Schwarzenegger fired three of the seven appointees to the board. The Governor also named six new members to the nine-member panel, which oversees the work of approximately 350,000 registered nurses in California.

Schwarzenegger was forceful in his response to the report: "It is absolutely unacceptable that it takes years to investigate such outrageous allegations of misconduct against licensed health professionals whom the public rely on for their health and well-being."

The report from the LA Times (which was blogged about here) discovered nurses who continued to work years despite documented histories of incompetence, violence, criminal convictions and drug theft or abuse.

The Governor's office stated that the new board will move quickly and decisively to address the backlog of nursing discipline cases.

The elder abuse 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.