Articles Tagged with california elder abuse

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If you have an elderly loved one in a nursing home or assisted living facility in Orange County, you may be wondering about the first signs that could point to abuse or neglect. Depending upon the type of elder abuse or neglect, it can be extremely difficult to identify early warning signs, especially when those signs and symptoms do not include obvious physical harm. Given that there are so many different types of nursing home abuse and neglect that can result in injury and even death, it is important to understand that early warning signs are not always the same, and anything that seems different or suspicious should be treated seriously. Indeed, any unexplained changes in an elderly loved one, including changes in personality or demeanor, as well as indications of infection, warrant further consideration. Our Orange County nursing home abuse lawyers can explain in more detail. 

Identifying Early Signs of Elder Abuse and Neglect Can Be Complicated

One of the reasons that elder abuse or neglect can persist is that family members of the elderly person do not immediately recognize signs of symptoms of abuse. According to an article from the National Institute on Aging and the National Institutes of Health, it is critical to know that elder abuse can affect any older adult, and it can occur in nearly any location — from nursing homes with histories of abuse to state-of-the-art facilities that do not appear to have any outward indicators of problems. 

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Nursing home abuse and neglect injuries in San Bernardino nursing homes can take many different forms, and they can have varying causes. It is important for families with elderly loved ones in nursing homes and assisted-living facilities to be on the lookout for common injury signs, and to know when those injuries may have resulted from abuse or neglect. In many cases, nursing homes may not intend to cause any harm, but as a result of passive neglect, seniors can suffer debilitating and life-threatening harm. In those cases, the nursing home may be liable for damages. The following are among the common types of injuries at nursing homes and assisted-living facilities in Southern California.

Broken Bones or Fractures

A senior at a nursing home can sustain broken bone or fracture injuries in many different ways, and a bone fracture may be a sign of abuse or neglect. In some instances, broken bones can result from a slip and fall, or a fall out of bed. Yet fractures can also be signs of intentional physical abuse. Even if a senior slips and breaks a bone, the facility may be responsible. 

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Nobody wants to think about risks of elder abuse and neglect at nursing homes and assisted-living facilities in Riverside County, yet older adults routinely suffer serious and fatal injuries as a result of nursing home abuse. It is critical for family members to recognize that nursing home abuse and neglect often go unreported. Thus, it is essential to be able to recognize the signs of various types of abuse, from symptoms of physical or emotional abuse to clear warning signs of passive neglect. Although each type of nursing abuse has its own particular signs and symptoms, you should always seek help anytime an elderly loved one exhibits changes in behavior or shows signs of physical harm that do not have a logical explanation. 

Why does nursing home abuse go unreported so frequently? Our Riverside County nursing home abuse attorneys want to discuss some of the common reasons that abuse and neglect are not reported at nursing homes and assisted-living facilities in Southern California.

Fear of Further Abuse or Retaliation 

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obed-hernandez-592136-unsplash-copy-212x300If you are seeking out a nursing home for an elderly loved one in Orange County, it can be difficult to identify a facility that has a strong history of complying with safety regulations and providing quality care for patients. While you might think that a more expensive nursing home is less likely to engage in hiring practices that could lead to injuries caused by nursing home abuse or neglect, the price of a nursing home is not necessarily indicative of its quality. Even expensive nursing homes can have safety citations and histories of nursing home abuse injuries. According to a recent article in McKnight’s Long-Term Care News, the Centers for Medicare and Medicaid Services (CMS) has plans to update its “Nursing Home Compare” information to include an “abuse icon” that will alert potential patients and their families to dangerous histories of abuse and neglect. 

CMS Data Update Will Add an Abuse Icon

Currently, potential nursing home residents and their families can access information about nursing homes from the CMS “Nursing Home Compare” website. The website allows consumers to compare multiple nursing homes, assessing CMS ratings for those facilities and other important information that can illuminate whether the nursing home is a good fit. Yet that data can be difficult to navigate, especially for individuals and families who do not have experience analyzing detailed information about nursing homes. In order to make it easier to assess these facilities and to learn whether the facility has a recent history of abuse, CMS will be adding an “abuse alert icon.”

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dayne-topkin-101956-copy-300x200What is elder or dependent adult abuse according to California law? For residents of Vista and other parts of Southern California, it is important to learn more about the protections available to seniors who may be subject to nursing home abuse. A recent article in CalCoast News reports that the California Department of Justice arrested the owner and a former employee of an assisted living facility in the state for elderly dependent adult abuse. This case involves a critical case of nursing home neglect that resulted in the death of a resident. It serves as a reminder that laws are in place not only to punish perpetrators of elder abuse and neglect, but that there are also legal protections in place to prevent further abuse.

Details of the Recent Elder Neglect Case

As the article explains, the incident that led to the elder and dependent adult abuse charges occurred several years ago. In December of 2014, a senior, Mauricio Edgar Cardenas, at The Manse on Marsh, an elderly facility in San Luis Obispo, attempted to cross a street by himself. He was struck and killed by an oncoming vehicle, the driver of which was cleared of wrongdoing. When the accident happened, it was dark outside, and authorities determined that the motor vehicle driver could not have seen the victim in time to stop or to avoid hitting him.

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file000790132663If an elderly California resident is declared incompetent and placed under a conservatorship (also known in many places as a guardianship), can that senior actually be at greater risk of elder abuse? According to a recent article in Forbes Magazine, conservatorships and guardianships are “ideally a protection for older adults.” However, as the article explains, a conservatorship “is a drastic measure often prompted by warring relatives, nursing homes that want to get paid, or a ‘friend’ who gains the trust of an older adult in order to take advantage of him or her.” While these typically are worst-case-scenario examples, it is important to think carefully about the potential links between conservatorships and nursing home abuse in Southern California.

What is a Conservatorship?

The California Courts make clear that a conservatorship involves an adult (the “conservatee”) who either “cannot care for himself or herself or manage his or her own finances” and a responsible person or entity (the “conservator”) to care for that adult. The Court’s website explains that general conservatorships, like the scenario described above, often involve an elderly person.

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ttronslien-9913It can be difficult for California residents who do not have specific ties to elder advocacy groups to learn more about confronting nursing home abuse and neglect in our communities. Yet one city in California has taken steps to make materials about elder abuse awareness and prevention more accessible to members of the community who do not necessarily have specific knowledge about law enforcement or legal advocacy. According to a recent article in the Pleasant Hill Patch, the Contra Costa County Public Law Library is open to the public, providing “resources to help recognize and report elder abuse.”

Library with a “Special Interest in Serving Seniors”

The Contra Costa County Public Law Library has branches in a number of cities in northern California, including Martinez, Richmond, and Pittsburg. Its emphasis on providing “information and resources for recognizing and reporting elder abuse” is an aim that could easily be taken up in Southern California as well, encouraging more San Diego residents to get the information they need to help put a stop to nursing home abuse. As the article articulates, the Contra Costa County library has a “special interest in serving seniors,” and as a result it targets senior citizens in California in its outreach activities.

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