California Nursing Home Abuse Lawyer Blog

If you considering using the services of a residential care facility for the elderly or an assisted living facility, you may be wondering how to select a good one. Unfortunately, there is no rating system like you might find in hospitals, and now nursing homes, but there are actions you can take that will help ensure you make the right choice.

The California Advocates for Nursing Home Reform (CANHR) have created a checklist to use when researching care facilities for the elderly. First and foremost, evaluate the most recent inspection report from the California Department of Social Services, Community Care Licensing (DSS). Your local DSS office will have a complete inspection file on every facility within its jurisdiction, and you have a right to review. Simply contact the office and make an appointment to go review the file. (Click here to find your local DSS office).

When reviewing the file, you want to make sure to examine:

● The inspection report. How did the facility do? Were there deficiencies, and, if so,did they involve resident care?
● Any complaints made against the facility in recent years, and how those complaints were addressed.
● Request to see the "Advisory Notes," form of written consultation provided by the licensing evaluator to the facility.

In addition, use the CANHR checklist to get a good idea about the day-to-day life in the facility, and to determine which home is best for you:

● Visit each facility several times.
● Pay special attention to how residents are being treated by staff and the quality and responsiveness of the services. Don't be sold only on the attractiveness of the facility.
● Narrow the options down to two or three facilities.
● In making visits, walk through the whole facility and visit at different times.
● Drop by unannounced and visit at night and/or on the weekend.
● Make sure that you visit during a mealtime.
● Obtain a copy of the admission agreement. Read it carefully. Understand the services, costs and conditions for transfer.

Click here to see the entire CANHR checklist.

Before making the decision, do your homework. You may be preventing a major headache down the road.

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 (866) 607-1325 for a free and confidential consultation.

If you or a loved one is being threatened by eviction from your assisted living facility (or residential care facility), it is important to know that the law is on your side. Under the California Code of Regulations, an assisted living resident can be eviction for only five reasons:

1. A failure to pay rent within 10 days of its due date;
2. Failing to comply with state or local law (e.g. using illegal drugs, assault/battery, etc);
3. Failing to follow the facilities written policies and procedures (which must be stated in the admissions agreement);
4. After a formal assessment (usually by a doctor), the facility determines that it can no longer meet the resident's needs: or
5. The facility changes its purpose and will no longer be providing assisted living care.

In the event you or a loved on fall into one of the above-reference categories, the facility cannot just throw you out on the streets. Under the law, it must give you 30-days written notice of its intend to evict, unless you've lived there more than one year, at which point it must give 60-days written notice. In addition, that written notice must state clearly, and with factual detail, the reasons for the eviction.

If actions are being taken to evict , and you believe you do not fall into one of the five supporting reasons, it is recommended that you contact the local Ombudsman Program for direction and advice. A list of numbers for the Ombudsman in all Southern California counties can be found on the Walton Law Firm nursing home resource page by clicking here.

Source: California Advocates for Nursing Home Reform

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 throughout Southern California. Call (866) 607-1325 for a free consultation.

On a fairly regular basis I get telephone calls asking for a recommendation to a "good" nursing home or assisted living facility. I have to refrain from answering, because though I have brought legal actions against many nursing homes for abuse and neglect, I also know there are plenty of homes out there that can provide good care. I just don't know who they are.

Today I met with someone who does. Lise Marquis, with A Place For Mom (www.aplaceformom.com), explained to me all the considerations in finding the right placement for an elderly loved one. A Place for Mom provides consultations for senior housing and care options, and has literally hundreds of options including skilled nursing facilities, assisted living, Alzheimer's and dementia care, respite care, and board and care homes. And get this, the service is free.

In addition to providing options for housing, Lise can also provide resources for financing, therapy services, and legal services if those aspects of care are needed.

A Place for Mom provides a valuable service to the elderly, and states that it has already helped over 72,000 California seniors. If you are at that place of having to decide where to place a loved one (mom or dad), I would suggest you give Lise a call. She can be reached at (866) 691-2427.

Walton Law Firm LLP represents individual and families in the prosecution of nursing homes and assisted living facilities for the abuse and neglect of its elderly residents. Call (866) 607-1325 for a free and confidential consultation.

When Georgia Fitsos was diagnosed with Alzheimer's disease and dementia in 2006, her family came to the sad realization that Georgia could no longer live alone. Too healthy for skilled nursing care, the family chose to place their mother in Broadstone Residential Facility after reading a fancy brochure that promised Georgia "can enjoy a lifestyle of elegance."

Less than a year after her admission, Georgia's son found his mother with a big black eye. She told him that someone hit her, but when confronted, the facility said she accidentally hit her face on the table after falling asleep in her wheelchair (Walton Law Firm currently has a very similar case). Only a month later, Georgia's son found his mother suffering from a shortness of breath. He called 911 because the on-site Broadstone caregiver didn't speak enough English to make the call.

When Georgia arrived at the Emergency Room doctors were stunned by what they found. A huge, Stage 4 bed sore the size of a "turkey platter" was found on her backside. It had eaten deeply into her flesh, and became infected. The infection quickly turned into sepsis, and Georgia died less than a month later.

Now, the owners of the residential care facility are facing criminal charges of neglect, in addition to being sued civilly for elder abuse and neglect. The criminal trial begins next month, and the civil trial starts before the end of the year.

While cases against assisted living and residential care facilities have become all too common, it is rare for criminal charges to be filed. It will be interesting to see what happens in this case. Hopefully, a message will be sent to the owners of these lightly-regulated elderly care homes that neglect or abuse will not be tolerated.

Source: The Sacramento Bee

The nursing home elder abuse attorneys 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.

Unlike nursing homes, residential care facilities or assisted living facilities are not subject to the same regulation and government oversight. One can't simply log on to the myriad of nursing home evaluation websites to look at the latest inspection reports or complaint investigation. So how do you adequately evaluate a residential care facility before moving in?

The California Advocates for Nursing Home Reform provide many excellent resources for individuals and families making the tough choices about custodial care, including an evaluation checklist for those considering residential care:

Review Complaint and Inspection Information: The local office of the California Department of Social Services will have information about the latest government inspection and complaint investigations. Unlike skilled nursing facilities, residential care facilities are only inspected every five years so the information may not be fresh. Pay particular attention to any violations of resident's rights or abuse allegations.

Visit the Facility: Go visit and tour the assisted living home. Is it clean? Do the residents appear well cared for? Ask if there is a written care plan for every resident, and don't be afraid to strike up a conversation with another resident or a visiting family member.

Look at More than One: You want to make the most informed decision you can about the home, and that requires some perspective. Visit as many residential care facilities as you can before deciding (even if you really liked the first one you visited).

To read CANHR's complete report on how to evaluate residential care facilities for the elderly click here.

The attorneys at Walton Law Firm represent the victims of abuse are neglect in the nursing home, residential care, and assisted living setting. For a free and confidential consultation call (866) 607-1325.

A University of Chicago study reveals that approximately 13 percent of elderly Americans experience some sort of mistreatment. The most common form of abuse was verbal, experienced by 9 percent of elderly Americans, then financial mistreatment, experienced by 3.5 percent, and then physical abuse, reported by .2 percent of the elderly.

“The population of the country is aging, and people now live with chronic diseases longer. So it’s important to understand, from a health perspective, how people are being treated as they age,” said lead author Edward Laumann, the George Herbert Mead Distinguished Service Professor in Sociology at the University of Chicago.

The complete study can be accessed here.

Despite having the same odds at recovery, elderly trauma patients are being steered away from top trauma hospitals while younger patients are getting the better care. A new study finds emergency medical personnel are systematically discriminating against seniors. The study examined 10 years of data from ambulance trips in the state of Maryland and found that nearly half of all patients over 65 were not sent to designated trauma centers for care compared to only 18% of younger trauma victims.

Here’s the video story:

Walton Law Firm LLP represents people who have been vicimized by elder abuse, elder neglect, mistreatment, and nursing malpractice. Cases are accepted in the counties of San Diego, Los Angeles, Orange, Riverside, San Bernardino, Ventura, and Imperial.

Residential care facilities for the elderly are a largely unregulated in California. Despite the fact that they house more than 100,000 Californians, many with limited mobility, there is currently no requirement that they maintain disaster readiness plan other than a one-page disaster plan. That soon may change.

Last week the California State Senate voted to support a bill promoted by Assemblywoman Lois Wolk that would require care facilities for the elderly to prepare for emergencies such as natural disasters or power outages. Wolk's bill requires a comprehensive plan for emergencies that enables a facility to be totally self-reliant for at least 72 hours. It would also require that the disaster plan be available for viewing by residents and local fire and police.

The bill, labeled AB 749, will be heard by the appropriations committee before debate on the assembly floor.

Residential care facilities for the elderly (RCFE), or assisted living facilities, are typically board and care homes for individuals age 60 or older who can no longer live by themselves, but do not need 24-hour nursing care. Typically, a RCFE will provide a bed, all meals, and assistance with certain daily activities such as bathing, dressing, meals, and with medication distribution. The residents, however, must be able to take their own medications.

RCFEs and assisted living facilities are licensed by the State of California, and are limited under the code of regulations to the type of care they can provide. In addition, each facility must undergo periodic inspections by the Department of Social Services.

It is important to point out that RCFEs are not permitted to provide medical care. As a result, individuals with certain medical conditions may not be admitted or retained by a residential care facility. A few of those conditions include, but are not limited to, bed sores of a Stage III or larger, or people who require tube feedings. Other conditions are restricted and may not be permitted, such as individuals who require catheters or colostomies. RCFEs may admit people who suffer from dementia, but only after meeting certain regulatory requirements. Always check for the facility’s written plan for caring for individuals with memory impairment.

If you have a loved one in a RCFE or assisted living facility, keep a watchful eye for deteriorating health conditions. Walton Law Firm LLP has handled several cases under which the RCFE resident suffered declining health with being noticed by the daily caregivers. These facilities must know when it is time for an aging resident to be transferred to a higher level of care such as a hospital or a skilled nursing facility.

Walton Law Firm LLP is a consumer law firm that represents individuals throughout Southern California in all types of injury and accident cases, including wrongful death and nursing home abuse and neglect.

About four years ago I had a very interesting case involving the death of a developmentally disabled adult in a San Bernardino care facility. In my case, the thirty-year old severely disabled man was found barely breathing on the floor next to his bed just after midnight. Medics were called, and tried to sustain his life, but sadly the man died. Staff and the family presumed it was a heart attack, since the decedent was very obese and had a history of some heart problems.

An autopsy, however, showed a different case of death. The medical examiner ruled the death a homicide, finding that the man died from blunt force trauma to his abdomen. The next question for use was Who did it?

Through the discovery process in a lawsuit we filed against the facility, we believed the death was caused by either a disgruntled employee, who was tired and angry at the resident for the demands he made on staff time, or an autistic room mate (who could not speak), who accidentally kicked the decedent in an act of self-defense. The case settled before trial, so those questions were never fully answered.

Today, the Government Accountability Office issued a report that states should more thoroughly investigate the deaths of developmentally disabled people who are receiving community based care. The GAO found that the manner in which deaths were investigated varied widely from state to state, and many investigations were inadequate to determine if the deaths were the result of poor quality of care. To provide adequate safeguards, the GAO is instructing Medicare to put more pressure on states to investigate all deaths of DD individuals, regardless of the suspected cause. The complete report can be found here.

It's worth mentioning that California's elder abuse laws apply equally to "dependent adults" which is any individual between the age of 18 and 64 who is in some type of custodial care. Frequently that includes developmentally disabled adults.

Dehydration in the nursing home can lead to significant complications, including death. If the human body is deprived of necessary fluids, several symptoms may appear, including an increased heart rate, decreased sweating, decreased urination, extreme fatigue, headaches, cramps, and tingling of the limbs.

The causes of dehydration are several. The most common is vomiting, diarrhea, malnutrition, or the simple failure to replenish the body with the liquids that are lost from sweating and urinating. Sadly, this is the most common cause of the dehydration in the nursing home.

Nursing homes have a legal duty to provide adequate hydration to their residents, and to provide the proper training to their employees to recognize the signs and symptoms of dehydration. The aging process itself will often cause a decrease in appetite, but this is never an excuse for dehydration in a patient (even though it's an excuse frequently used by nursing homes). For patients at risk, nursing homes are required to monitor the food intake and urine output of its residents, and keep the medical doctor informed of the resident's condition. The failure to do this may be a violation of the standard of care.

If you have any questions about dehydration in the nursing home or residential care setting, call Walton Law Firm LLP at (866) 607-1325.

Living in a nursing home or assisted living facility continues to get more and more expensive. For a fifth consecutive year, the average annual cost for a private room in a nursing facility rose to $76,460. The costs varied dramatically state by state.

The costs for living in an assisted living facility also rose dramatically. Nationally, the average annual costs of living in an assisted living or residential care facility averaged $36,000, up 25% since 2004.

Experts believe that the costs of living in a nursing or residential facility will continue to rise if a shortage of long-term care workers is not resolved. As baby-boomers approach retirement, most have not adequately addressed the prospect of needing long-term nursing care in old age. The average person spends approximately 2.5 years in a nursing home, at a cost of over $190,000. Just a year or two in a nursing home can wipe out a persons lifetime of savings.

Since a significant part of my law practice involves cases of abused and neglected seniors in nursing home, I get asked frequently if I can recommend a good nursing home, or at least point out the bad ones. That is, of course, impossible because of the sheer number of nursing homes in California and the simple fact that every nursing facility, even ones with generally good reputations, have the potential for neglectful care.

When I am asked to recommend a home I typically refer people to the Nursing Home Guide. A web resource published by the California Advocates for Nursing Home Reform (CANHR) that provides detailed information about every licensed nursing home in the State of California, including information about prior complaints, citations, ownership, and the services provided. At the site you will also find a nursing home evaluation checklist, which provides a list of things to think about when looking for a nursing facility.

In addition, CANHR also now has a Residential Care Facility Guide which provides information about all licensed residential facilities in the state. The information there is limited, simply because public information about those facilities is not as available.

I encourage you to look at CANHR’s site. It is simply an awesome resource for nursing home, assisted living, and residential care information.

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.

People frequently ask for a recommendation to a "good" nursing or residential care facility. It's a question that is difficult to answer, other than to state that the style of the building or the cost of the care is rarely a good indicator of quality of care. I have sued nursing and residential facilities that look like the Ritz Carleton, and I know that smaller, "mom and pop" facilities are capable of providing excellent care.

The first step is to find a facility that suits your needs. In may be its location in relation to family or friends, or one that offers a specific service such as dementia care. Once you have narrowed it down to a few, visit the facilities and speak with the administrator or the admissions director, and ask for a tour. While on the tour introduce yourself to other residents and ask them about the facility, the things they like and don't like, and ask if you can speak with the privately. Frequently your first impression is the most accurate, so trust your instincts.

After the tour, return unannounced to the facilities you like best a few days after your tour, and visit at various times of the day so you can see the program it runs throughout the day. It's important that these visits are unannounced so you can see the "real" facility and not the one portrayed on the official tour (hopefully they are the same).

Once you’re close to deciding, go visit to the nearest office of the Department of Social Services, Community Care Licensing and take a look at the facilities’ public file. The file will contain the facilities most recent inspection report, and complaints of abuse or neglect made against the facility over the last two or three years. While you're there, you may want to ask to speak to an evaluator for advice or recommendations, or to see if the facility you are interested in has a good reputation.

After doing all of this, if you're satisfied with your findings, then you've probably chosen a facility that's right for you. There are never any guarantees of course, but by doing the foregoing, you will greatly increase the odds that you will find a facility that works for you.

Budget cuts proposed by Governor Schwarzenegger could cripple California's oversight of Residential Care Facilities for the Elderly. Further damage to the already struggling oversight program could put thousands of RCFE residents at risk.

According the California Advocates for Nursing Home Reform (CANHR), the proposed cuts come at a time when assisted living care is growing at a rapid rate. There are more than 7,000 assisted living facilities in the state, an increase of more than 25% over the last decade. Current law requires an inspection of RCFEs only once every five years, a dramatic decline from the 1980s when such facilities were subject to inspections twice a year.

Inspecting RCFEs once every five years or less is a recipe for neglect and abuse," said Patricia McGinnis, CANHR’s executive director. "Care standards and residents’ rights become virtually meaningless when inspections are so rare. Issuing a license under these conditions deceives consumers who assume the state is conducting regular inspections or offering oversight and protection to residents.

In my practice, I have seen more and more RCFEs retaining residents that should be moved to a higher level of care, but are retained in the assisted living facility for questionable reasons. This trend, combined with an unthreatening state oversight program is not good news for California seniors.