California Nursing Home Abuse Lawyer Blog

Uncertainty about the future of California’s Adult Day Health Care system continues even though the program was saved from elimination at the end of last year. Since the 1970s, California has been a pioneer in the field of adult day health care, creating a system designed to provide health and social services to the elderly and disabled. The Adult Day Health Care (ADHC) system was established to respond to instances of California nursing home abuse. However, recent state budgeting challenges led lawmakers to cut all Medicaid funding for the centers in order to save approximately $85 million.

California elder abuse advocates quickly sued the state to halt the massive funding cuts. Communities across the state also voiced outcry over the cuts, including concern that elimination of the program would lead to more elder abuse and neglect. A settlement was reached at the last minute, according to an article in Kaiser Health News. The settlement will require the state to continue to fund a scaled-down version of the program for those who need it most. Under the terms of the settlement, California must still pay for the services through its Medicaid program but only for those who have severe illnesses, disabilities, or dementia. Strict new eligibility requirements will determine who may receive care.

The San Diego nursing home abuse lawyers at the Walton Firm know that many Californians may be concerned about the new ADHC program. The new eligibility rules will bring some changes. For example, to determine who will qualify for the scaled-down program, 200 state nurses have begun visiting centers around the state to review patient records. The state has guaranteed services to more than 9,000 Californians already. The remaining 26,000 prior participants will be evaluated on a case-by-case basis. State health officials have estimated that only about half of the 35,000 participants will qualify under the new rules, which were established to control Medicaid costs. But the number of former participants that could still qualify may actually be much higher, meaning that the state may not save very much money after all.

In the past, the California ADHC program served as an important lifeline for many elderly residents and their families. It provided approximately 35,000 senior citizens with access to meals, health evaluations, exercise, and group activities. In tough times such as these, daytime activities can bring much needed relief to familial caretakers. Peer companionship for seniors also brings hope and high spirits for those who need long-term care.

One of the reasons the proposed elimination of the ADHC program was so concerning is that California elder advocates were afraid it could lead to the very abuse the plan was originally designed to prevent. Nursing home abuse or neglect often goes unreported and can be difficult to detect. Friends and family members of elders who are being abused may not always recognize the signs.

The Walton Law Firm frequently handles San Diego elder abuse and neglect cases and San Diego wrongful death suits. If you suspect a loved one died as a result of nursing home abuse, California law provides legal avenues your family can pursue.

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Los Angeles County Nursing Home Fined For Feeding Tube Death

California’s Elimination of Adult Day Health Care May Lead to More Elder Abuse

Our San Diego nursing home abuse lawyers know that neglect in assisted living facilities is a serious form of elder abuse. When those responsible for caring for our elderly fail to provide adequate care or violate health or safety standards, they must be held accountable.

Recently, a Michigan nursing home was investigated because maggots were discovered on a female patient. According to an article on AnnArbor.com, staff members at the home told a state inspector they had observed flies on or near the woman approximately two weeks before the maggots were discovered. The maggots were originally discovered because the 66-year-old woman had a catheter for a unitary tract infection. An incident report created by the nursing home stated that the woman was offered a shower when the maggots were found. According to the report, the woman refused the shower, so she was immediately given a bed bath by staff.

However, interviews with a state inspector provide a somewhat different version of events. During those interviews, staff members stated that the woman did not receive a shower because the nursing home did not have enough staff. One aide reported being instructed to document that the woman refused showers. A nurse manager also stated that she was instructed to report the discovery of maggots on the incident report as debridement, which is the medical removal of dead, damaged, or infected tissue. Doing so can increase the potential that the remaining healthy tissue will heal. The nurse manager reported that she was not allowed to put down “maggots” on the incident report.

The story reported that maggots were still present in the woman’s genital area three days after the initial discovery. At that point, the woman was still unable to get out of bed on her own. The woman was later hospitalized. She was diagnosed with septic shock secondary to a urinary tract infection, chronic skin ulcers, and kidney stones. She also had a broken hip due to bone thinning, as well as extensive skin changes due to poor hygiene and refusing to be turned. The patient did admit that she refused showers, but stated she did not refuse bed baths and received them from the staff. However, she stated that she reported the presence of flies in her room, but that staff members did nothing about it. She also stated that she requested that they clean her catheter, but that there were long periods when it was not cleaned.

Serious incidents such as the one here should not occur when nursing home residents are receiving proper medical care and attention. Such care includes adequate staffing so that residents can be checked on regularly and receive appropriate grooming. Generally unsanitary conditions of a facility or residents are signs of a negligent nursing home. As shocking as this incident was, the report revealed that the Michigan nursing home had also been cited for other, more serious violations. For example, violations included the failure to supervise residents confined to a wheelchair, which resulted in the residents being injured. The citations also included: failure to provide a sanitary, comfortable and orderly interior; failure to adequately monitor the fluid intake and output for a patient who became dehydrated; and failure to maintain complete staff personnel files and complete required certification, license, and background checks.

Negligent nursing home practices such as the violations that occurred at this nursing home would almost certainly violate California elder abuse law. If you believe that a loved one is experiencing elder abuse or neglect, please contact a qualified professional immediately. Our San Diego elder abuse attorneys have successfully sued nursing homes and other care facilities in civil courts for injuries caused in a custodial care setting. Our attorneys can be reached toll free at (866) 607-1325 or locally at (760) 607-1325.

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Los Angeles County Nursing Home Fined For Feeding Tube Death

Fall While Receiving California Home Care Leads To Elder Abuse

Our San Diego nursing home abuse lawyers help families every day who are concerned about the care their loved ones are receiving at California nursing facilities. We know that seniors are valued members of our society and that they deserve the best possible care. We also strongly believe that poor care should not be tolerated under any circumstances.

Recently, a large verdict was awarded in a serious elder abuse case in West Virginia. According to reports in the Charleston Daily Mail and The State Journal, earlier this year, a jury awarded $91.5 million to the family of 87-year-old Dorothy Douglas, finding that the nursing home’s serious neglect caused the elderly woman’s 2009 death. The plaintiffs’ claimed that Ms. Douglas died as a result of severe dehydration and neglect from the nursing home. After less than three weeks at the facility, the elderly woman was in a comatose state, unresponsive, not walking, and not able to feed herself. According to the family, Ms. Douglas’ son worked tirelessly to have his mother transferred out of the facility, but paperwork problems prevented the transfer. Sadly, Ms. Douglas passed away from complications from dehydration before a change could be made.

The jury decided that the family should receive $11.5 million in compensatory damages as well as $80 million in punitive damages, indicating that the jurors wanted to send a strong message to the nursing home. When the verdict came down, debate ensued due to the size of the award and regarding whether state medical liability caps should apply. Medical liability caps are sometimes created because state legislators fear increased insurance costs and diminished availability of professional liability insurance. In this case, the jury returned a verdict that 20 percent of responsibility for the negligence claim dealt with medical professional negligence and 80 percent was ordinary negligence. That likely means that 20 percent would fall under the legislation, but 80 percent would not. At the time, West Virginia Association for Justice President Paul T. Farrell Jr. explained that $11 million was awarded for the death and $80 million was awarded to punish the nursing home for intentional misconduct.

Debate has again arisen because a circuit judge recently entered a judgment order reducing a portion of the $91.5 million jury award, according to the Charleston Daily Mail. The judge’s order reduced a $5 million segment of the award to a maximum of $4,594,615, but did not significantly reduce the total jury decision as the defendant nursing home had hoped.

Large verdicts in San Diego nursing home negligence lawsuits are not only possible, but can often be appropriate. Such verdicts can call attention to improper care in nursing homes and send a message that when nursing facilities in California and elsewhere fail to comply with health care standards, tragic consequences can occur. Unfortunately, it is often the people who are responsible for caring for our elderly loved ones who commit acts of abuse or neglect—whether it is emotional, physical, sexual, or financial abuse.

Continue reading "Debate Over $91.5 Million Nursing Home Abuse Verdict Continues" »

Our San Diego nursing home abuse lawyer understands the seriousness of elder financial abuse and knows how it devastates the resources of California families. Unfortunately, like all forms of elder abuse, financial abuse of seniors is underreported and all too common. We realize that many California residents may be worried about elderly loved ones being taken advantage of by a caretaker or scammer, but knowing about a few simple warning signs can help ease those fears. For example, unexplained bank withdrawals, the disappearance of valuables, or sudden changes in a loved one’s behavior are all warning signs that a friend or relative may be a victim of financial exploitation.

The decline of the economy and the high numbers of aging Baby Boomers have recently revealed more and more instances of financial scammers who prey on the elderly. Earlier this year, the California elder abuse attorneys at the Walton Firm learned about a con man who posed as a licensed contractor and solicited home repair and remodeling projects from seniors in several California towns. The contractor never completed the promised services and then disappeared with the elderly victims’ money.

According to a report in The Monterey County Herald, the con man, Timothy Ralph Carrillo, formerly from Sand City, was sentenced last week to 35 years in prison for stealing more than $100,000 from people who believed they were paying for home repairs. He was convicted in August of this year of 24 counts, including California elder financial abuse, residential burglary, grand theft, and contracting without a license. Because the con man had a prior conviction for residential burglary, his sentence was doubled under California’s three strikes law. He also had prior felony convictions for commercial burglary, grand theft, and obtaining money by false pretenses.

From 2006 to 2008, the con man tricked nine people in California, some of them in their 80s, to pay him in advance for painting, roofing, window replacement, and other repairs that he never actually performed. In reality, the fraudulent contractor apparently never intended to complete the promised services, and, instead, used some of the money he stole to pay gambling debts. He also went on a similar crime spree in Texas for which he was convicted in 2009 and will serve that sentence first.
The judge sentencing the contractor called the man a “predator” who preyed on the elderly without caring. The judge gave the man the maximum sentence for many of the charges, stating that there were no mitigating circumstances that warranted less time. Rather, the judge called the con man an “artist” who plotted for months in advance about how to deceive his victims. In addition to jail time, the defunct contractor was ordered to pay victim restitution and fines totaling more than $38,000.

Please remember that elder financial abuse cases should be reported at your local Adult Protective Services agency or law enforcement agency. Also, if you are worried that an elderly loved one is being taken advantage of, please consider consulting a qualified legal professional. The lawyers at the Walton firm are well versed in California elder abuse law and know how to protect the rights of California’s seniors.

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Elder Financial Abuse – Underreported And All Too Common

California Elder Abuse Typically Goes Unreported

The San Diego nursing home abuse lawyer at our firm has helped many families throughout Southern California file civil lawsuits against the employees and facilities that caused them harm. As many community members are aware, the civil justice system is wholly separate from the criminal system. However, a single incident can give rise to both a civil lawsuit as well as criminal charges. That is certainly possible in the context of California nursing home abuse. While civil suits are more common following inadequate treatment at an assisted-living facility, if the misconduct rises to a certain level it is not out of the question for local law enforcement officials to arrest the culprits and charge them with crimes.

In fact, late last week Cal Coast News reported on just such a case. Police officers recently arrested two men who worked as assistants at the Central Coast Nursing Center. The men were brought into custody stemming from allegations of elder abuse, including sexual assault. According to reports, the two men assaulted an institutionalized victim on various occasions over a six month period. Of course, physical and sexual assault are not only clear indicators of substandard care of a nursing facility, but they are crimes under state law. Therefore, this situation should likely produce both a criminal case where the individuals involved may face criminal punishment as well as a civil California nursing home lawsuit. The civil suit would be filed by the victims and their families seeking to hold the all those in a position to prevent the attacks accountable for their negligence.

The abuse was only uncovered after a volunteer at the facility who frequently visited the victim came forward and shared details about his suspicions. We shared information about the volunteer last week, Mr. Edmund Finucane, who was told he could no longer visit the facility after he reported his concerns about the abuse to state officials. Fortunately, the state’s Department of Public Health investigated the matter and uncovered evidence of serious violations at the facility which resulting in very real harm to the vulnerable residents. The facility had its license revoked by the state. New owners took over the home, but it remains to be seen if they will be able to ensure that resident care is improved.

Continue reading "California Nursing Home Abuse Leads to Criminal Charges" »

Through the years our San Diego nursing home neglect lawyer has come to appreciate the unique challenges faced by local nursing home residents. Many of the seniors who reside in these homes remain unaware of the level of care to which they are entitled. Not only that but others are physically and/or mentally unable to report any neglect that they experience. The particular vulnerabilities faced by these residents make it imperative that outside observers—friends, family members, and elder care advocates—come forward and stand up for the rights of these residents when they are violated. San Diego nursing home abuse can be eliminated only when the negligent facilities that provide substandard care are challenged on their practices and held accountable for their conduct.

Unfortunately, some facilities go to extreme lengths to hide their poor care and silence those dissenters who demand accountability. A story in today’s Santa Barbara Independent explains how one facility with a track record of California nursing home neglect sought to hide its own mistreatment. The article shares the tale of Edmund Finucane, a 70-year old man who spent nearly thirty years visiting the Central Coast Nursing Center. In the early 1980s the man lived across the street from the home. One day he noticed a sign inviting those in the community to “Come Visit Us.” Hoping to bring a bit of companionship to those living in the home that many not get many visitors, Mr. Finucane decided to stop into the home. It was the beginning of a long bond the man would have with many of the facilities residents.

Over the next 30 years Mr. Finucane took time to visit with residents several times a week. The facility’s activities manager eventually asked him to lead some religious services, and he occasionally entertained residents by playing the violin. Over the years he developed a strong bond with many of the residents that came and went at the home. Unfortunately, all of that changed when Mr. Finucane began uncovered troubling evidence of neglect and mistreatment at the home. He became concerned for the safety of many residents and was not sure how to force the facility to provide better care. He eventually reported the abuse that he saw to state officials. However, management at the nursing home discovered that he had reported the abuse. As a result they told him that he was no longer able to visit the home.

Mr. Finucane believed that the residents had a right to visitors—many of whom he considered personal friends. He soon went back to the home to attempt to visit a woman who was expecting him. When he demanded the ability to visit, the nursing home employees called the police and he was arrested for trespassing. Mr. Finucane fought the charges, and they were eventually dropped entirely. Not long after, state nursing home officials completed their review and decided to revoke the facility’s nursing home license “because of serious violations related to quality of care and actual harm to patients.”

Continue reading "Man Barred from Visits After Reporting California Nursing Home Abuse and Neglect" »

Negligent California nursing practices can cause many negative outcomes for elderly patients, including painful bed sores, inadequate supervision, falls or fractures, and even death. Inadequate staffing or staff training at California nursing homes is also a serious problem. Insufficient staffing is an important indicator of the quality of care that your loved one will receive at a California nursing home or hospital. Sadly, not all nursing homes or hospitals make provisions for adequate staffing or staff training. When they fail to do so, it is often elderly patients who suffer.

According to the San Jose Mercury News, an Oakland woman’s death at a California hospital has prompted an investigation. The 66-year-old woman’s death occurred after she received care from a temporary replacement nurse. The hospital had hired 500 replacement nurses when the California Nurses Association staged a strike. The staff nurses were on strike for only one day, but the hospital had already signed the replacement nurses to a five-day contract. When the staff nurses returned to work the next day after the daylong strike, the hospital sent them home.

The hospital’s decision led to tragic consequences for one California woman. According to investigators, the 66-year-old cancer patient at Alta Bates Summit Medical Center died just a few hours after a replacement nurse, who had come from Louisiana, administered a non-prescribed dosage of medication.

Our California elder abuse attorneys recognize that this tragic death raises many questions about the use of replacement nurses in California nursing facilities. In particular, it is concerning that the hospital hired so many replacement nurses at once. That likely means that few, if any, of the nurses knew the layout of the hospital, were aware of protocol or emergency procedures, or were familiar with the hospital’s equipment. A hospital representative stated that backup nurses at Alta Bates work alongside staff nurses to make sure they are up to speed. But since so many replacement nurses were working together at the same time, they likely did not have many colleagues or supervisors who were familiar with the hospital’s equipment or health care standards to turn to for assistance.

The California hospital is working with investigators, as well as conducting its own internal investigations, but the hospital representative stated that the death—while tragic—was a significant “medical error” rather than a result of the policy of using replacement nurses. The representative stated that using replacement or temporary nurses is a common practice. Howeve, the San Jose Mercury News reported that using replacement or temporary nurses in hospitals for extended periods likely increases the risk of medical mistakes that could harm patients. In fact, it seems that using large numbers of replacement or temporary nurses for even a short time may also present a serious risk of harm to elderly patients.

Continue reading "Nursing Mistake That Killed California Senior Prompts Investigation" »

Technological advances have exponentially enhanced our ability to use video surveillance to catch perpetrators of a wide variety of crimes. Cameras are now used to maintain airport security, to deter shoplifters, to photograph reckless drivers, or to capture robbers in the act. Cameras in public spaces have become commonplace in our society. Now, the use of “granny cams” to target and deter those who commit elder abuse appears to be a practice that is both more acceptable and more widespread than ever before.

Our San Diego nursing home abuse lawyers understand that the use of cameras in nursing home facilities may make elderly residents and their families feel more secure. In fact, as we explained in a recent post about police use of a hidden camera to catch a nurse stealing medication from an elderly patient, camera surveillance can be crucial to stopping California elder abuse.

According to reports in The Seattle Times and the Grand Forks Herald, three states—Texas, New Mexico, and Maryland—have passed laws permitting the use of cameras in nursing homes. These laws allow residents and family members to have “granny cams” installed in nursing facilities at their own expense. Other states have passed laws that help address the issue as well, even if they stop short of allowing private citizens to have cameras installed in nursing homes. For example, in Virginia, the installation of cameras in nursing facilities is part of the state’s licensing process. Minnesota has a similar law that applies to group adult foster care facilities, and may expand the law to cover other forms of care. New York’s attorney general has determined that hidden cameras are allowable for the purposes of elder abuse prosecutions.

Such laws raise many privacy issues, however, as well as issues regarding elders’ personal dignity. Consent usually must be obtained from the resident, family, or any roommates before cameras can be installed.

“Granny cam” legislation permits negligent nursing homes to be caught on tape and held accountable. Yet tension clearly exists over the use of “granny cams,” even among elder abuse advocates. One advocate, Violette King, who founded a nonprofit group called Nursing Home Monitors after her father was abused while in a facility, believes that cameras are “the only solution” for family members who cannot be present to ensure their loved one’s safety around the clock. Other elder advocates believe there are better, more effective means by which to protect our loved ones. One such advocate is Harbir Kaur, an abuse-prevention expert with a Minnesota group called ElderCare Rights, who thinks that “training, education and empowering consumers through strong resident and family councils” are better tools, according to The Seattle Times.

Continue reading "“Granny Cams” May Be Used To Catch San Diego Elder Abuse Perpetrators" »

Some California nursing homes have altered information or provided false information in patients’ medical records, according to reports in The Sacramento Bee. The investigation into health care recordkeeping illuminates an important issue in the area of California nursing home abuse. When nursing homes falsify records, medical conditions may be concealed and negligent care may be covered up. Our San Diego elder abuse lawyers know that falsification of nursing home records can put elderly patients at risk of serious medical complications or even death.

Falsification of nursing home records includes providing false information in a patient’s chart. For example, nurses and other staff members may indicate that a patient received physical therapy on a daily basis when the patient in fact did not.

Record falsification can also include alteration of information in medical records, likely either to demonstrate that the patient received adequate care or to conceal mistakes that staff members may have made. For example, missing paperwork might be recreated. Altered or recreated paperwork might be used to cover up poor outcomes, such as patient deaths or injuries like falls or bruises. Some nursing home facilities have also been caught keeping inaccurate or incomplete recordings of dispensed medications.

A recent article in California Healthline delves further into the practice of record falsification in California nursing homes. The article reveals that California issues few citations for record falsifications. Despite this, California elder abuse attorneys say that falsifying patient records is a common practice that arises in nearly every nursing home lawsuit, but that it is rarely punished by licensing authorities. Even though falsifying health records is a misdemeanor in California, criminal charges rarely are brought against negligent nursing homes or their staff.

To some, a change here or there on a medical chart might seem like a minor infraction compared to the many horrific cases of elder abuse that regularly are reported in the news. But one family knows the heartache that nursing home record falsification can cause all too well. According to The Sacramento Bee, 77-year-old Johnnie Esco suffered the serious consequences of negligent recordkeeping when a nursing facility allegedly lied about the care she received.

In 2008, Johnnie Esco, who suffered from Alzheimer’s, was recuperating from pneumonia and chronic constipation. On doctor’s orders, Johnnie entered a nursing home after her initial hospitalization in order to receive prolonged treatment. Chronic constipation can lead to fecal impaction, which, if untreated, can be life threatening in elderly patients because serious colon complications or infection can occur. However, beginning from the date of Johnnie’s admission to the California nursing home, her bowel ailments went untreated and unrecorded. Allegedly, suspicious and irregular charting during Johnnie’s stay led to a decline in her health. By the time Johnnie reached the hospital, her condition was life threatening. She died the next day.

During the subsequent civil lawsuit for elder abuse and wrongful death, staff members conceded that Johnnie’s “charting” was not always done with precision or care and that “rote charting”—quickly copying information from the previous shift instead of filling in accurate information—frequently occurred. Johnnie’s death likely could have been prevented if the nursing home staff had followed standard health care procedures.

Moreover, the nursing home in Johnnie’s case didn’t merely fail to follow health care standards. They allegedly made false material statements. Making false statements in medical records is against the law in California. Victims are put at serious risk and have the right to bring a nursing home lawsuit against the bad actors for civil monetary damages.

Continue reading "Record Falsification Uncovered in California Nursing Homes" »

Actor Mickey Rooney is suing his stepson and others, alleging California elder abuse, including financial and verbal abuse. Specifically, the actor alleges that his abusers defrauded him out of millions of dollars, tricked him into believing that he was running out of money, and bullied him into continuing to work.

According to articles in The Washington Times and PRNewswire, the 90-year-old actor has accused his stepson, Christopher Aber, Aber’s wife, and others of breach of fiduciary trust, elder abuse, fraud, and misappropriation of the actor’s name and likeness. In recent years, the actor needed the assistance of others to help him manage his personal and business affairs. Over the past decade, however, the elderly actor claims that he essentially lost all control over his personal life and finances due to abuse and fraud.

The complaint alleges that the actor’s stepson “instilled fear in [the actor] and kept him in poverty,” taking advantage of “unfettered access” to the actor’s income. Additionally, the elderly actor’s stepson allegedly took advances on his salary, rerouted all of the actor’s mail and took control of his income—including Social Security checks—opened credit and debit cards in the actor’s name without the actor’s knowledge or consent, and used the actor’s money as if it were his own.

The actor—who has appeared in hundreds of films, television shows, and theater productions and was nominated for an Oscar four times—continued to perform and make appearances in recent years, even after undergoing double-bypass heart surgery in 2000. The lawsuit also alleges that the actor’s abusers regularly withheld food and medication, which lead to bouts of depression for the actor. They apparently bullied the actor and used various scare tactics to force him to continue working. His abusers allegedly told him that he would lose his house and his medical benefits if he did not continue to earn an income. The alleged abuse caused the actor great financial damage and emotional distress.

Earlier this year, the actor testified before the Senate Special Committee on Aging. He described the turmoil that elder abuse wreaked on his life: “. . . I felt helpless. For years I suffered silently. . . . Even when I tried to speak up, I was told to be quiet. It seemed like no one believed me.”

The elderly actor’s experience sheds light on an aspect of elder abuse that is much less obvious that other well-known signs and symptoms of abuse such as bed sores, bruises, or cuts. Our San Diego nursing home abuse attorney knows that emotional and verbal abuse is all too common. Emotional and verbal abuse can include threats, intimidation, or humiliation. In the actor’s case, his abusers purportedly humiliated him both in public and private and frequently lied to him in order to exercise control over his personal and business affairs.

Continue reading "Hollywood Legend Mickey Rooney Alleges Elder Abuse Against Stepson" »

Our San Diego elder abuse lawyer recently explained how elder abuse is reportedly on the rise across the United States. In particular, reports of financial abuse of older Americans have increased, likely due to the tough economic times and the high number of aging baby boomers. However, California lawmakers, elder advocates, and concerned friends and family members are fighting back by proposing and passing laws that provide greater protections for the elderly.

The rising number of reports of California elder abuse and negligent nursing home practices have had at least one positive outcome. They have increased awareness of abuse of the elderly and have led to efforts to punish and prevent such mistreatment. For example, last May, Assemblymember Mariko Yamada proposed HR 13, which established the month of May as Elder and Vulnerable Adult Abuse Awareness Month in California. The bill received unanimous, bipartisan support by the Assembly. The law will bring important recognition to the issue of elder abuse for many years to come.

Another important bill introduced by Assemblymember Yamada addresses gaps in the reporting of elder abuse. AB 40 strengthens elder abuse reporting requirements in long-term care facilities. It requires that mandated reporters of suspected elder abuse in long-term care facilities report the abuse to both adult protection officials and law enforcement. This ensures that both entities receive reports of suspected elder abuse simultaneously so that a criminal investigation occurs with every report of suspected abuse. Such measures are essential to holding abusers accountable for their actions.

More recently, laws addressing specific types of elder abuse have also been passed or proposed. According to an article in Spectrum, California Governor Jerry Brown recently signed into law a bill to combat voter fraud and abuse perpetrated upon senior citizens. The law makes voter fraud against elders a misdemeanor. It also imposes stiff fines on anyone providing care or direct supervision to an elder who coerces or deceives that senior into voting for or against a candidate or measure contrary to the senior’s intent. Lawmakers expressed concern that intimidation, deception, or coercion might come into play when elders participate in elections. The legislation preserves the voting rights of thousands of California elders.

Another law, SB 586, addresses California elder financial abuse, a particularly timely concern. Financial abuse can occur when scammers try to deceive senior citizens into overpaying for services or into paying for services that the scammers never perform at all. It can also happen in negligent nursing homes when staff members take advantage of dependent residents or in a senior’s own home when a caregiver steals money or valuables or cons the elder into giving them away.

The Daily News, Los Angeles reports that a Woodland Hills woman, Liz Sanders, has been instrumental in ensuring that the new law, SB 586, came to fruition. Ms. Sanders’ mother was fleeced out of her life savings when her in-home caregiver used a signature stamp to cash checks, drain her mother’s bank account, and access her mother’s life insurance fund. Banks often issue signature stamps when elderly patrons are unable to physically sign forms or cannot physically come into a local banking branch. The new law would double the penalties for elder and dependent adult abuse. It also seeks to impose new regulations on the issuance of signature stamps by state-organized banks or credit unions.

Our San Diego nursing home abuse attorneys are well versed in elder abuse law. If you are concerned that an elderly friend or loved one has been taken advantage of, please consult a legal professional to learn about this important and frequently evolving area of the law and about the new protections that have been established in California.

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UC Irvine To Host National Center on Elder Abuse

Elder Financial Abuse – Underreported And All Too Common

Our San Diego nursing home abuse attorney understands that knowing the signs and symptoms of abuse is essential to ensuring that your loved ones are adequately cared for and safe. Elder abuse can consist of neglect—such as lack of supervision or violations of health and safety standards—or physical, sexual, emotional, or financial abuse. According to a recent press release issued by the University of California, Irvine (UC Irvine), nearly 2 million older Americans are abused each year. For each incident of reported elder abuse at least five more go unreported.

Reports of elder abuse have been on the rise around the country. In our area alone, several negligent California nursing homes have been fined or closed due to their inadequate, or in some cases illegal, practices.

There is good news, however. UC Irvine recently announced that California residents now have another important resource that will provide information on how to prevent mistreatment of elders. The U.S. Administration on Aging has designated UC Irvine as the site for the National Center on Elder Abuse (NCEA) based on the university’s award-winning program in Geriatrics. The university will receive a $1.7 million federal grant.

The NCEA, which changes location every few years, will serve as a resource for law enforcement, health workers, and adult protective services. The center is expected to provide practical information for all levels of government—federal, state, and local—about the effective identification, prevention, and response to California elder abuse.

As the new national clearinghouse, UC Irvine will collect and distribute information on elder abuse. UC Irvine is already an international and national leader in the research and prevention of elder abuse, so the university was a natural choice in many ways. For example, UC Irvine’s Elder Abuse Forensic Center brings together legal, medical, social services, and law enforcement experts to improve the investigation and prosecution of elder abuse cases. Such cases can be very difficult to prosecute because elders often do not want to speak out against their abusers. They may fear retaliatory abuse or have a close relationship with the abuser.

Unfortunately, those who abuse or neglect our elder population are often the people we trust the most—doctors, nurses, group home staff, and other caretakers. “None of us ever forgets that this work is about real people who are living in fear, who have had their rights taken from them, and who deserve dignity and respect,” said Mary Twomey, who—along with Dr. Laura Mosqueda, will lead the NCEA at UC Irvine. “We will work to make their lives better.”

In addition to criminal elder abuse cases, civil remedies are available. Our California elder abuse lawyers know that abusers must be held accountable for their actions. If you believe a relative or friend has been abused, please consult a legal professional. Sometimes filing a lawsuit can be an important step in the healing process. However, even if a lawsuit is not necessary, there are many other remedies available to hold abusers accountable and ensure that further abuse is stopped in its tracks.

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California’s Elimination of Adult Day Health Care May Lead to More Elder Abuse

Elder Care Advocate Seeks Changes to California Nursing Home Law

Our San Diego nursing home abuse lawyers know that neglect is a serious form of elder abuse. Those who take care of the elderly must be held accountable when they fail to provide adequate care or violate basic health or safety standards. Unfortunately, mistreatment at these locations continues throughout the country. For example, a former group home owner in Ohio received probation for the deaths of two patients at the facility due to heat stroke. According to a report in the Toledo Blade, Pamela Shay pleaded no contest to two misdemeanor counts of patient neglect. She must serve two years’ probation, complete 200 hours of community service, and permanently surrender her nursing license. The group home that she owned and operated is now closed.

Both victims were schizophrenic and shared a room at the now defunct group home. The prosecutor on the case reported that a heat wave affected the city early that summer, with temperatures reaching over 90 degrees. As the owner and operator, Ms. Shay had a duty to avoid temperature extremes within the facility that could be a health hazard.

By the time first responders arrived the younger of the two residents, was already dead. The temperature in the patients’ room was 90.5 degrees. The second victim died the next week at a local hospital. His temperature was 105.5 degrees when he arrived at the hospital. The county coroner’s office ruled that the deaths were accidental and that the cause of death was heat stroke.

California elder neglect is generally defined as the failure of any person responsible for the care or custody of an elder or dependent adult to provide adequate care or to protect them from health and safety hazards. Although the group home owner was present in the home during the time period when the deaths occurred, other staff members were responsible for the residents’ care at the time of the incident. Despite this, when the group home owner failed to ensure that the building was cooled properly during the heat wave and that her staff was taking precautions to make sure residents were safe—including adequate hydration—she clearly committed resident neglect.

Yet this case resulted only in probation. The group home owner seemed remorseful, accepted responsibility for her actions, and had previously given up her group home license prior to the plea. She was tearful during the sentencing and apologized for what happened to the two residents. “I cared about them,” she reportedly said. “A day doesn’t go by where it hasn’t affected me.”

When these cases strike, both criminal civil legal actions can arise. For example, after the deaths the men’s families filed a nursing home abuse lawsuit in civil court. Those cases were eventually settled without the need for the case to go to trial.

Continue reading "Former Group Home Owner Gets Probation For Patient Deaths" »

Many people are familiar with the difficulties involved in taking care of elderly parents, especially those with health problems. Often, people are forced to entrust the care of their loved ones to the doctors, nurses, and other staff members of nursing homes. The reason that people do this is because they realize that they do not have the skills, training, or time to provide the kind of around-the-clock care that is needed. They feel that their loved ones will receive better care in the nursing home than they would at home. However, nursing homes do not always provide the quality of care that they promise and on which their patrons rely.

In recognition of this fact, the state of California requires nursing homes to be licensed by the state in order to operate. They must meet and continuously adhere to certain regulations and standards in order to maintain their licenses, and they are subject to inspection by state investigators.

The purpose of the licensing program is to ensure that nursing homes are safe for the people who live there and to prevent California elder neglect or abuse. However, this program can only go so far in preventing serious harm to residents of these long-term care facilities. In spite of state regulations, there are still far too many incidents of San Diego nursing home abuse, medical malpractice, or other violations of state law. Even worse, these incidents are not always taken as seriously as they should be by the state or by the owners of the facilities.

Recently, an article by The Daily Sound reported that a nursing home in Santa Barbara, the Center Coast Nursing Center, had its license revoked by the California Department of Public Health. However, the nursing home, which housed many residents, was permitted to stay open under new ownership. The Department of Public Health issued a provisional license to the new owner in an effort to avoid having to move all of the residents elsewhere.

While this is certainly less disruptive for the patients than a big move would be, it also brings to mind the question of whether things really will change. The nursing home had reportedly been cited before, and ownership had also changed hands in the past. Unfortunately, sometimes a change in ownership is not enough. Staff members who have been trained to believe that their way of doing something is acceptable may not be inclined to change their methods very quickly, especially when it makes their jobs more difficult.

As with many things, the most effective remedy for nursing home neglect or abuse is often to file a lawsuit. In our area a San Diego nursing home neglect attorney will analyze the facts of your case and determine what the best way to proceed. Sometimes, a lawsuit is not necessary because your attorney will be able to find other ways to remedy the situation. However, in cases where filing a lawsuit against a nursing home is necessary, that suit will often go far in putting a stop to all kinds of improper and harmful practices not just in the facility sued, but in its local competitors, as well. Therefore, a lawsuit has the potential to save not only your loved ones, but also the loved ones of others, from the very real dangers caused by elder neglect and abuse.

See Our Related Blog Posts:

California Nursing Home Neglect Caused By Chemical Restraints

Elder Abuse Lawsuit After Abuse Caught on Video

Many assisted living or nursing home facilities emphasize structure and rules to provide stability for residents and ease of care for staff members, but some facilities are trying new and unique approaches. Our San Diego nursing home attorney knows how important it is for your loved ones to receive personalized attention and care, as well as top-notch medical treatment. Two stories recently caught our interest not only for the unique treatments they presented, but also for their positive perspective on providing innovative elder care.

At some facilities, “therapy dogs” and other animals are used to bring joy to nursing home patients. According to a local ABC news station in Ohio, residents at a skilled nursing facility recently received a visit from Gremlin, a 7-year-old pit bill rescue and certified therapy dog. Gremlin, a former a bait dog in a dog-fighting ring, was terribly abused before she was rescued. She can no longer bark and is partially deaf. Although the pit bull may seem intimidating at first, residents quickly warmed to Gremlin’s sweet demeanor and face licks. A staff member reported that residents’ faces lit up as soon as the dog walked into the room and that the dog’s presence prompted most residents to come out of their rooms and be social. One resident marveled at Gremlin’s ability to give love after being so horribly abused, reminding patients and staff alike that love and affection truly can be the best medicine.

Another nursing home also uses a form of alternative therapy. Beatitudes, a nursing facility located in Arizona, has an unusual philosophy: “To let patients do what they want.” The facility was originally created to provide care to seniors who prefer independent living options, but Beatitudes also provides more advanced care if needed, such as home care services and assisted living.

For Alzheimer’s residents in particular, Beatitudes offers a unique approach because residents are encouraged to pursue the activities they prefer and enjoy, which could include playing the piano, eating what they wish, or participating in arts and crafts. According to a local NBC station in Arizona, experts at the Beatitudes facility say that one of the mistakes caregivers often make is not incorporating Alzheimer’s patients’ previous passions into their everyday lives.

The staff at Beatitudes is trained to listen to their patients, to let them make their own decisions, and to show them love and support. They also aim to create positive emotional experiences for Alzheimer’s patients, which, research suggests, reduces stress and behavioral problems. For example, if an Alzheimer’s patient asks where her deceased husband is, a staff member may respond that “he can’t be here right now” instead of “he died four years ago.” Such a response answers the patient’s question without forcing her to relive the pain.

Residents at Beatitudes still receive the medical treatment ordered by their doctors. However, the staff attempts to remove discomforts (e.g. deep-seated wheelchairs that make it more difficult for patients to stand up) and reviews residents’ biographies in order to make them feel at home.

Unlike many negligent nursing homes, Beatitudes has also drastically reduced the distribution of antipsychotics and certain medications. The staff also tries to encourage activities that will foster group participation and interaction between patients, staff, and family members, such as block building and coloring. Under the Beatitudes approach, residents and their families report a better quality of life, less staff turnover, and lower costs.

Continue reading "Unique Alternative Therapies for the Elderly: Animal Therapy & A Positive Attitude May Go A Long Way" »

San Diego nursing home neglect is often difficult to identify, because it can take so many forms. In many cases the neglect causes already fragile residents to develop secondary complications and it is those complications which lead to severe injuries or the death of the resident. Many families are ultimately left unaware that their loved one would likely still be alive if they had received the level of care to which they were entitled. Helping residents identify and prove mistreatment is a key role played by a San Diego nursing home attorney.

There are often many signs and symptoms that if identified can be a good indicator of neglect. One of the more complex forms of California nursing home abuse that occurs with far too much frequency involves misuse of medication. As the Consumerist explained last week in an elder care story, many area nursing homes seek to control residents by essentially drugging them into submission. Appropriate care at these facilities necessitates that the individual needs of each resident be addressed. However instead of providing that care, many nursing homes instead chose to give these residents powerful antipsychotic drugs.

The problem is particularly prevalent for dementia and Alzheimer’s patients. Often these seniors are given vast quantities of drugs intended to be used by those with bipolar disorder or schizophrenia. These drugs have the effect of turning many of these residents in virtual zombies. Tragically, family members often visit their loved one at a facility only to discover that their relative appears lifeless or lacking a vigor that they previous had. Most states require that all residents give informed consent before they are given these drugs. Not surprisingly, many facilities fail to get that consent before administering the medication.

Many of these antipsychotic drugs are given to patients who have not even received a diagnosis for a condition in which the medication was designed to treat. This represents an incredibly dangerous form of abuse. The United States Food and Drug Administration recently explained how the use of these antipsychotic drugs on older dementia patients for unapproved uses can nearly double their risk of death. With sobering statistics like that there is no reason why any facility should even consider using these drugs in this way and putting vulnerable resident lives on the line.

It is important for family members to understand the warning signs of these “chemical restraints” and to know that help is out there. The California Advocates for Nursing Home Reform have actually put together a helpful packet for those in this situation entitled “What You Should Know to Fight the Misuse of Psychoactive Drugs in California Nursing Homes.”

Continue reading "California Nursing Home Neglect Caused By Chemical Restraints" »

Jeremy Marlow suffered from cerebral palsy and died at the young age of 28. But police believe that his death had nothing to do with his affliction, and everything to do with the way he was treated by his mother and brother in their El Cajon apartment. Deborah Marlow and her son Christopher Marlow will stand trial in June on charges of involuntary manslaughter in the death of Jeremy, who was living with the defendants at the time of his death.

An investigation was triggered when Christopher Marlow called 911 to report that his brother Jeremy was having trouble breathing. When paramedics arrived, they discovered an apartment full of rotting food, animal waste, and trash. In his filthy bed, paramedics found Jeremy weighing less than 100 pounds. He was taken to a local hospital where he died five days later.

In addition to charges of involuntary manslaughter, the defendants have been charged with neglect of a dependent adult causing great bodily injury, as well as charges of animal cruelty.

Source: SignOnSanDiego.com

The attorneys at Walton Law Firm provide free consultations to individuals and families throughout San Diego County who believe a loved one has been abused or neglected in the nursing home, assisted living, board and care, or home health care setting. Call (760) 571-5500 or (866) 607-1325 for a free and confidential case evaluation.

Max Bauer has no doubt seen a lot in his 93 years. Among his many experiences were those aboard the naval ship USS Vestal, moored in Pearl Harbor in December 1947 when the Japanese attacked. He was particularly proud of being a Pearl Harbor survivor, and placed a special Pearl Harbor Survivor license plate on his car.

In recent year, however, times have been tough for Max. A story in San Diego Union Tribune this morning reveals a man whose life has been on the decline since his wife of 62 years died in 2007. He had become so frail that he required the assistance of a caregiver, who moved into his home in El Cajon to help care for him. That's when things got really bad.

Increasingly, friends and neighbors didn't hear from Max, and after concern grew the Sheriff was called out to do a welfare check and were surprised by what they found. Sheriff’s deputies discovered that Max was living in squalor, his house filled with trash, rotting food and rat droppings.

When deputies found him, he was gripping a photo of the Vestal.

His caregiver, Milagros Angeles, was arrested and charged with four felony counts, including elder abuse, false imprisonment, theft of a caretaker, and possession of altered checks. The case has placed a spotlight on the plight of the eldery and the prevalence of elder abuse, which experts say is chronically under reported.

Read the entire San Diego Union Tribune story by clicking here.

The elder abuse and neglect lawyers at Walton Law Firm provide free consultations to individuals and families throughout Southern California who believe a loved one has been abused or neglected in the nursing home, assisted living, board and care, or home health care setting. Call (760) 571-5500 or (866) 607-1325 for a free and confidential case evaluation.

An elder abuse and neglect lawsuit has been filed on behalf of an elderly Korean-American woman who died last year after what the family alleges was abusive treatment by her caregivers. Kyong-hui Duncan died last June while her family was looking for a new nursing home to take her to after it became concerned about the care she was receiving.

When the family's concerns began, Ms. Duncan's grandson installed a security camera in her room. The camera wasn't hidden, and caregivers knew about its presence, but family members became suspicious when they would frequently find the camera turned off when they came for visits.

Though the family claims the camera was often shut off by care providers during routine visits, images taken by the camera during one such visit show caregivers violently shaking Duncan as they attempt to place her in a wheelchair. The family adds that she would often be seen sitting in her room for hours, crying for help, sometimes upside down in her wheelchair, without any response from the attendants at the center. Bruises were also periodically found on her body, while an autopsy revealed toxins from medicines not prescribed by her doctors.

SEE THE VIDEO HERE

Reports from the Los Angeles office of Adult Protective Services, the incidence of elder abuse among elderly Koreans is on the rise. The report states that many Koreans are reluctant to seek help out of fear of humiliation and shame. In the Duncan case, the owners of the home have denied all wrongdoing.

Source: BayCitizen.org

The nursing home abuse and elder neglect attorneys at Walton Law Firm provide free consultations to individuals and families throughout Southern California who believe a loved one has been abused or neglected in the hospital, nursing home, assisted living, board and care, or home health care setting. Call (760) 571-5500 or (866) 607-1325 for a free and confidential case evaluation.

Homicide detectives in San Diego were investigating the death of an elderly woman from the Palm City area. According to reports, the woman was being cared for by a professional "caretaker." When a relative of the 83-year-old victim called police to check on the victim, police went to the woman's home and found her dead in the bathroom.

According to police, there were no signs of trauma but that elder abuse was suspected. Police arrested caretaker Maria Moore on suspicion of elder abuse and booked her into county jail. A cause of death has not been determined.

News accounts do not state where Moore was employed by a home health agency or whether or she was working on her own. If is determined that the victim's death was due to neglect, Moore and the agency she works with (if there is one) may face civil liability under California's Elder Abuse and Dependent Adult Civil Protection Act.

Source: 10News.com

The San Diego nursing home abuse and neglect attorneys at the Walton Law Firm represent seniors and dependent adults who have been victims of physical abuse in the nursing home, and those who have been neglected or received substandard care. Call (866) 607-1325 or complete on online for for a free and confidential consultation.

A 72-year-old woman suffered burns on her hands and feet while under the care of an Escondido woman and her son at their home-based elder care facility. Mila Labayen, 74, and her son, Steve Perez Lopez, 50, face criminal charges for elder abuse arising from their failure to seek immediate medical attention for the injuries of the resident who suffers from dementia. In addition, Mr. Lopez is charged with draining $45,000 from the bank account of another elderly resident, who suffers from schizophrenia. Mr. Lopez allegedly took the money while out on bail for charges relating to the elder abuse claim. Alert bank employees alerted authorities to the suspicious withdrawal of money.

It is unclear what caused the 72-year-old woman’s burns, but by the time her daughter learned of her injuries and brought her to the hospital, her skin was already sloughing off, and she remained in the hospital’s burn unit for nine days.

The elder care home, Liberty Care Homes III, located on the 1100 block of Via Rancho Parkway, was owned and operated by Ms. Labayan and was licensed to provide residential care for up to six elderly people. The license was first issued in 1993. Liberty Care Homes III is now closed.

Source: North County 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, assisted living, or home health care setting. Call (866) 607-1325 for a free and confidential case evaluation.

A certified nursing assistant working in a San Diego nursing home is being held on charges of rape and elder abuse after being caught having sex with a nursing home resident. According to reports, an employee of the El Dorado Care Center in El Cajon walked into the room of an elderly patient and saw Felix Panem sexually assaulting the patient. Panem is being held on $450,000 bail, and faces a possible 10 year sentence if convicted.

Sexual assault in the nursing home is not common, but it is certainly not rare. Because of age and infirmity, including memory problems such as dementia and Alzheimer's disease, nursing home residents can be fairly easy targets for the criminally inclined. The Walton Law Firm has has cases involving sexual assault, physical abuse, and burglary committed by employee caregivers. Sometimes it's just a rouge employee, but there are times when the facilities fail to perform adequate background checks that would have revealed the criminal propensity of a caregiver.

Investigators told the Union Tribune that they believe that the elderly resident is Panem's only victim, but believe that she may have been raped by him on other occasions. The El Dorado Care Center is a skilled-nursing facility on Washington Street in El Cajon, California.

Source: signonsandiego.com

The San Diego 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. Call (760) 571-5500 for a free and confidential consultation, of fill out an online form.

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 California State Assembly voted overwhelmingly to approve Assembly Bill 392, which would immediately restore $1.6 million to Long-Term Care Ombudsman programs throughout the state. Much of the funding to the programs was cut last year when Gov. Schwarzenegger vetoed the Ombudsman funding request.

In June 2009, a nursing home owner was arrested on allegations of criminal abuse and neglect, when a resident of his facility was so severely neglect that pressure sores went untreated and led to a fatal infection. Numerous nursing homes throughout the state have received citations for failing to provide adequate care of residents. Without an Ombudsman program, it is difficult to monitor the care the residents of these facilities.

"We need to take every step we can to protect seniors who may be at serious risk of abuse or exploitation," said Assembly member Mike Feuer (D-Los Angeles), who authored the bill. "The funds provided to Ombudsman programs in AB 392 fill this important need during the next year. Isolated and vulnerable residents of nursing homes and assisted living facilities have nowhere else to turn, and their lives depend upon these programs being restored immediately."

Source: California Chronicle

The California elder abuse and neglect attorneys 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.

By 2050, 1 is 6 people in the world will be 65 or older, forcing the countries of the world deal with an aging population. The number of senior has jumped an astounding 23 percent in the last decade.

According to studies, the world's population has been graying for decades due to declining birthrates and an increase in longevity. Italy, Japan, Germany and Monaco have the most senior citizens, with more than 20 percent of their respective populations over 65 years of age.

Here in the United States, residents who are 65 or older represent approximate 13 percent of the overall population, but that number is expected to double in the next 40 years. This raises serious concerns as to how we are going to be able to handle the growth.

"The 2020s for most of the developed world will be an era of fiscal crisis, with a real long-term stagnation in economic growth and ugly political battles over old-age benefits cuts," said Richard Jackson, director of the Global Aging Initiative at the Washington-based Center for Strategic and International Studies.

For example, at current aging rates, Medicare is projected to become insolvent by 2017.

The nursing home abuse and neglect lawyers at Walton Law Firm LLP represent individuals and families whose loved one has suffered injury or neglect in the nursing home, assisted living, or residential care setting. For a free and confidential consultation call (866) 607-1325.

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.

Lemon Grove Care and Rehabilitation (San Diego County) has received the state's most severe citation after the burn-injury death of a 74-year-old resident. State investigators found that the facility failed to adequately supervise the resident, who caught fire while smoking at the facility. According the reports, the woman was sitting in the designated smoking area trying to light a cigarette when her jacket caught fire. She died 10 days after suffering her injury.

The nursing home has been issued an "AA" citation and a fine of $80,000.00, which it intends to challenge in Superior Court. Lemon Grove Nursing and Rehabilitation received two Class B citations last year (click here), and is currently under investigation for separate allegations of neglect in a case being handled by Walton Law Firm LLP.

Walton Law Firm LLP represents individuals and families throughout Southern California in cases involving nursing home abuse and neglect. All consultations about a case are free and confidential.

Elder Law and Advocacy in San Diego has been providing free legal services for seniors for 30 years, and was profiled in today's San Diego Union Tribune. Whether it's drawing up a will or a power of attorney, helping with a problem landlord, or answering questions about Medicare, Elder Law and Advocacy has assists several thousand San Diego County every year.

Walton Law Firm LLP has worked with Elder Law and Advocacy on cases involving nursing home abuse and neglect and can vouch for the organization's dedication to the plight of senior citizens.

Carolyn Reilly is the executive director of Elder Law and Advocacy, and says that the demand for free legal services for the elderly is rising - keeping her eight lawyers busy - while the funding for those services remains slim. Elder Law operates on a tight budget, with the vast majority of its income coming from grants and individual contributions. This is a worthy organization that deserves the public's support. It is well-known that a large part of our population is getting older, and organizations like Reilly's will only become in greater demand.

To contact Elder Law and Advocacy call (858) 565-1392 or visit its website by clicking here.

The San Diego nursing home abuse and neglect lawyers at Walton Law Firm LLP represent individuals and families throughout Southern California in cases involving nursing home abuse and neglect. All consultations about a case are free and confidential.