Unlicensed San Bernardino Board-and-Care Run Like Prison

September 8, 2009 by Walton Law Firm

When police came to a San Bernardino board-and-care home looking for 23-year-old Trevor Castro, they found Castro and a whole lot more. Upon arrival they found a bucket of urine outside the door, and inside found outright squalor. The discovery led to the arrest of the home's owner, 61-year-old Pensri Sophar Dalton, who is currently being held on 16 counts of felony elder abuse.

According to reports, Dalton, who was called "Mama Sophar," ran a prison-like home - which was unlicensed - for 22 elderly and mentally ill residents in San Bernardino County. The home was surrounded by cinderblock walls with barbed wire atop. Several residents lived in converted chicken coops with no plumbing. A bucket was used for a toilet.

"None of [the chicken coop rooms] were up to code," said City Atty. James Penman. "They had some with padlocks on the outside and no emergency exits, which concerned us because it could be used to lock people in as well as lock people out. The smell of urine was horrific; it permeated the entire place."

Apparently this is not the only board-and-care home run by Dalton, who had another closed down a few years ago because of code violations. Public records show that there 13 other addresses under her name, with eight in San Bernardino, two in Redlands, two in Highlands, and one home in Los Angeles. Authorities are now looking into the care being provided at the other homes.

According to a neighbor, the city had been notified of the living conditions before, but no one bothered to investigate.

Source: Los Angles Times

The attorneys at Walton Law Firm LLP 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.

San Bernardino Nursing Home Fined After Resident Suicide

August 14, 2009 by Walton Law Firm

The Del Rosa Villa nursing home in San Bernardino received the state's harshest citation after investigators concluded that inadequate care led to a resident's suicide. The California Department of Public Health issued a AA citation and a fine of $90,000.

According to reports, on June 11, 2009 a 52-year-old resident was found hanging from a fence in the parking lot of the nursing home. He apparently had rolled his wheelchair through a back entrance to the nursing home and into parking lot where he hung himself with a belt

The man's care plan, which all skilled nursing facilities must maintain for patients, required that he be under suicide watch at all times, and that a nursing assistant admitted to investigators that she made a mistake. It was not the man's first attempt at suicide. He was in the facility from an acute care hospital where he was admitted after throwing himself in front of a moving vehicle.

In response to the citation, the nursing facility's attorney Elizabeth Tyler disputed the report that the resident required constant supervision. "We serve as a hospital," she said, "not a mental institution."

The nursing home may challenge the state's findings.

Source: The Press Enterprise

The San Bernardino elder abuse attorneys at Walton Law Firm LLP represent individuals and families who have suffered due to abuse or neglect in the nursing home setting. Call today for a free consultation.

Elder Abuse Cases Not Seen As Serious Crimes

July 20, 2009 by Walton Law Firm

Elder abuse cases are rarely reported, and even more rarely prosecuted. “Elder abuse cases, for whatever inappropriate reason, are not considered as severe,” said Riverside County District Attorney Rod Pacheco.

The reasons for the low reporting and prosecuting are varied. There is the embarrassment of being a victim, and in many cases - up to two-thirds - the elderly victim knows the abuser. But there is also the problem of ageism; the failure to take the matter seriously because the victim is elderly.

And it's not just the public that needs educating about elder abuse and neglect, but law enforcement as well. Riverside County has a special team dedicated to elder abuse cases, and it sees the ageism first hand. "They're old. They didn't have to live anyway," are the types of excuses heard by Tristan Svare, a San Bernardino deputy district attorney.

The problem is not expected to get better anytime soon. The California $26 billion budget shortfall may mean program cuts that would leave seniors more vulnerable. IHSS funding, which helps seniors avoid nursing homes, may be at risk.

Source: The Desert Sun

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.

Southern California Nursing Home Citation Report

June 9, 2009 by Walton Law Firm
This list contains the issuance of citations to Southern California nursing facilities by the California Department of Public Health over the last six months. All the citations listed are issued for reasons related to patient care. For verification of the citation, please contact the local department office or Walton Law Firm LLP.

FacilityDateCitation
Los Angeles County
Antelope Valley Healthcare3/04/09Class B
Arbor View Rehabilitation3/11/09Class B
Burbank Healthcare and Rehab3/04/09Class B
Casa Bonita Convalescent3/31/09Class AA
Chandler Convalescent2/04/09Class B
Country Villa Broadway3/02/09Class B
Emeritas at San Dimas3/30/09Class A
Lutheran Health Facility3/04/09Class B
Mid-Wilshire Health Care Center2/02/09Class B
Royal Oaks Convalescentr3/13/09Class B
Tarzana Health and Rehab4/07/09Class B
Windsor Terrace Healthcare2/09/09Class B
Orange County
Coastal Communities Hospital03/17/09Class B
Country Villa Laguna Hills03/03/09Class B
Fountain Care Center of Orange4/07/09Class B
Sunbridge Care and Rehabilitation1/21/09Class A
Riverside County
Hemet Valley Healthcare Center2/10/09Class A
Hemet Valley Medical Center12/04/08Class A
Plymouth Tower1/13/09Class B
San Diego County
Care With Dignity Convalescent2/11/09Class B
Escondido Care Center02/25/09Class AA
Fallbrook Hosp. Dist. Skilled Nursing3/02/09Class B
La Paloma Healthcare Center3/04/09Class B
Remington Club Heatlh Center3/18/09Class B
Vista Knoll Specialized Care3/04/09Class B
Ventura County
Brighton Gardens of Camarillo3/09/09Class B, WMO
Camarillo Healthcare Center3/09/09Class B
Country Villa Oxnard10/30/08Class B
Fillmore Convalescent4/03/09.Class B
Twin Pines Healthcare3/09/09.Class B
Santa Paula Healthcare3/17/09Class B, A, A, A

Class AA: The most serious violation, AA citations are issued when a resident death has occurred in such a way that it has been directly and officially attributed to the responsibility of the facility, and carry fines of $25,000 to $100,000.

Class A: Class A citations are issued when violations present imminent danger to patients or the substantial probability of death or serious harm, and carry fines from $2,000 to $20,000.

Class B: Class B citations carry fines from $100 to $1000 and are issued for violations which have a direct or immediate relationship to health, safety, or security, but do not qualify as A or AA citations.

California Nursing Homes May Have to Display Ratings

February 4, 2009 by Walton Law Firm

Southern California legislators are supporting a proposal that would require nursing homes to post their ratings on the front door, much like health grades are posted at restaurants. Yesterday, Assembly Bill 215 was introduced in the California legislature to require that any nursing home that receive federal money to prominently display the rating it received under the federal government's recently unveiled five-star rating system.

“Posting nursing home grades is crucial to ensuring our loved ones receive the high quality of care they deserve,” State Representative Mike Feuer (D-Los Angeles) said in a statement. “This legislation will give families valuable information and provide an additional incentive to facilities to achieve the highest standards.”

Last month, Los Angeles County supervisors voted unanimously to require that any nursing facility that receives Medicare and Medi-Cal funding to post their ratings, and inform all new residents of the rating. The ratings are based on federal inspections, using three years worth of data.

To go to the federal ratings website click here.

The attorneys at Walton Law Firm LLP represent individuals and families who have suffered due to abuse or neglect in the nursing home setting. Cases are accepted throughout Southern California.

Nursing Home Ombudsman Jobs Cut

October 6, 2008 by Walton Law Firm

The California Long-Term Care Ombudsman Program is the state program responsible to investigate and resolve complaints made by individuals (or their representatives) residing in long-term care facilities such as nursing homes. Last week, when the California budget was signed by Governor Schwarzenegger, he cut state funding for the ombudsman program.

The decision has not gone over well with elder care advocates. The governor's cuts removes roughly 15% of the budget for the program, which translates into a loss of 1.25 of every 3.7 positions.

To contact your local ombudsman's office call the appropriate telephone number in the geographical area the incident leading to the complaint occurred.

Los Angeles
Region I Santa Monica (310) 899-1483
Region II Los Angeles (213) 617-8957
Region III Reseda (818) 757-1580
Region IV Pasadena (626) 793-3510
Region V Lakewood (562) 925-2346
Region VI San Dimas (909) 394-0416
Region VII Lancaster (661) 945-5563
Region VIII Burbank (818) 563-1957

Orange (714) 479-0107, (800) 300-6222
Riverside (951) 686-4402, (800) 464-1123
San Bernardino (909) 891-3928, (866) 229-0284
San Diego (858) 560-2507, (800) 640-4661

Walton Law Firm LLP represents people who have been victimized 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.

Southern California Nursing Home Citation Watch

September 9, 2008 by Walton Law Firm
This list contains the issuance of citations to Southern California nursing facilities by the California Department of Public Health over the last six months. All the citations listed are issued for reasons related to patient care. For verification of the citation, please contact the local department office or Walton Law Firm LLP.

FacilityDateCitation
Los Angeles County Elder Abuse
Brighton Convalescent Center05/23/08Class B
Heritage Manor03/7/08Class B
Imperial Convalescent Hosp03/26/08Class B
Ramona Care Center05/23/08Class B
Studio City Rehabilitation Center02/21/08Class A
Villa Oaks Convalescent06/23/08Class B
Windsor Convalescent Long Beach.05/22/08Class B
Windsor Palms Artesia05/23/08Class A
Orange County
Evergreen Fullerton Healthcare04/15/08Class B
French Park Care Center05/20/08Class B
Kindred Healthcare of Orange04/29/08Class B
New Orange Hills04/16/08Class B
Parkview Healthcare04/15/08Class AA
Riverside County
Cypress Gardens06/10/08Class AA
San Diego County
Edgemoor Geriatric Hosp.06/26/08Class A
Cypress Gardens Rehabilitation03/20/08Class A
Lemon Grove Care & Rehab.07/16/08Class B
Villa Las Palmas07/01/08Class B
Vista Healthcare04/11/08Class B
Santa Barbara Nursing Home Neglect
La Cumbre Senior Living07/24/08Class B & A
Country Oaks Care Center5/20/08Class B

Class AA: The most serious violation, AA citations are issued when a resident death has occurred in such a way that it has been directly and officially attributed to the responsibility of the facility, and carry fines of $25,000 to $100,000.

Class A: Class A citations are issued when violations present imminent danger to patients or the substantial probability of death or serious harm, and carry fines from $2,000 to $20,000.

Class B: Class B citations carry fines from $100 to $1000 and are issued for violations which have a direct or immediate relationship to health, safety, or security, but do not qualify as A or AA citations.

Preventing Elder Abuse in the Nursing Home

August 5, 2008 by Walton Law Firm

We are frequently asked how nursing home neglect or abuse can be prevented. There is no magic answer, but there are things one can do to lessen the odds that a loved one will be subject to physical neglect, financial abuse, or suffer the decline in health caused by poor care. The California Advocates for Nursing Home Reform have published a guide for preventing abuse in long-term care facilities. How does one increase the odds there will be no abuse or neglect?

1. Be very supportive of the transfer to a nursing home. Under most circumstances, the initial entrance to a nursing facility will engender feelings of loss or abandonment. Visit frequently to help with the adjustment.

2. Make the most of visits. Visit frequently, and at different times. Also visit during meal time. This will give you a more complete picture of care and the performance of staff.

3. Get to know the staff. Building personal relationships with the caregivers can be an excellent way to ensure good care.

4. Participate in care planning meeting. No one knows your family member better than you. The care plan meeting will give you an opportunity to alter the course of treatment to meet the needs of your loved one.

5. Be an advocate! Do not be afraid to advocate for the rights of your loved one. All residents have basic rights (click here) and you need to fight for them without fear of retaliation.

Don’t try to do this all alone. Enlist other family members and friends to help, and communicate often. Most nursing homes can provide good care; it’s just a matter of making it happen.

The law firm of Walton Law Firm LLP is based in Southern California, and represents individuals impacted by neglect and abuse in the nursing home and residential care setting. Cases are accepted in all Southern California counties.

Southern California Nursing Home Citation Watch

June 26, 2008 by Walton Law Firm
This list contains the issuance of citations to Southern California nursing facilities by the California Department of Public Health over the last six months. All the citations listed are issued for reasons related to patient care. For verification of the citation, please contact the local department office or Walton Law Firm LLP.

FacilityDateCitation
Los Angeles County
Alden Terrace Convalescent Hosp.04/09/08Class B
Chandler Convalescent02/13/08Class A
Chatsworth Park Care Center03/13/08Class B
Country Villa Park Marino01/28/08Class B(3)
Country Villa Pavilion Nursing03/19/08Class B
Ember Health Care01/31/08Class AA
Gardena Convalescent Hosp.02/05/08Class B
Heritage Manor03/07/08Class B
Imperial Convalescent03/27/08Class B
Lancaster Health Care Center02/13/08Class A
Oceanview Convalescent02/20/08Class B
Royal Oaks Care Center12/11/07Class B
Sophia Lyn Convalescent04/14/08Class B
St. John of God Retirement02/27/08Class B
Studio City Rehabilitation04/02/08Class A
Sunnyview Care Center04/29/08Class B
Tarzana Health and Rehab.02/13/08Class A
Whittier Hills Health Care Center01/07/08Class B
Windsor Palms Care Center of Artesia04/15/08Class B
Orange County
Country Villa Plaza Convalescent03/12/08Class B
Fountain Care Center03/13/08Class B
Newport Subacute Healthcare02/06/08Class A
Palm Terrace Healthcare & Rehab Center02/01/08Class AA
Park Regency Care Center04/11/08Class B
San Bernardino County Elder Abuse
Cherry Valley Healthcare02/14/08Class B
Country Villa Rancho Mirage02/05/08Class A(2)
Cypress Gardens Rehabilitation03/20/08Class A
The Springs At The Carlotta03/21/08Class AA
San Diego County
Children's Convalescent Hospital02/21/08Class B
Edgemoor Geriatric Hospital05/09/08Class B
Point Loma Convalescent Hosp.03/10/08Class B
Ventura County
Brighton Gardens of Camirillo.4/16/08.Class B

Class AA: The most serious violation, AA citations are issued when a resident death has occurred in such a way that it has been directly and officially attributed to the responsibility of the facility, and carry fines of $25,000 to $100,000.

Class A: Class A citations are issued when violations present imminent danger to patients or the substantial probability of death or serious harm, and carry fines from $2,000 to $20,000.

Class B: Class B citations carry fines from $100 to $1000 and are issued for violations which have a direct or immediate relationship to health, safety, or security, but do not qualify as A or AA citations.