Elder abuse and neglect in Orange County often result in severe and deadly resident injuries in nursing homes. Abuse can take many different forms, from intentional physical, emotional, or sexual abuse to passive neglect. To be clear, even when a staff member or other employee of a nursing home does not intend to cause harm, failing to attend to a resident’s health needs can result in serious harm for which the facility can be liable. Likewise, injuries resulting from intentional harm can also result in successful nursing home abuse and neglect claims against the facility, as well as the perpetrators. While studies underscore that nursing home abuse and neglect injuries occur with some frequency, they also highlight that abuse and neglect often go unreported.

To be sure, some studies suggest that the underreporting of nursing home abuse and neglect means that rates of harm are significantly higher than data currently indicate. Why is nursing home abuse and neglect underreported? There are many potential reasons that various studies have addressed, but a new study conducted by researchers at the University of Connecticut argues that fears of retaliation are central to understanding the problem. What do you need to know? Our Orange County nursing home negligence lawyers can say more.

Common Reasons for Abuse and Neglect Underreporting in Southern California Nursing Homes and Assisted-Living Facilities

The nursing home industry, often perceived as a sector struggling with financial viability due to reported accounting losses, presents a conundrum when analyzed through the lens of recent financial activities and market trends. Despite these reported losses, the industry has seen a surge in private equity investments and high transaction prices, suggesting a disconnect between reported financials and the actual economic value of nursing home facilities.

One explanation for this paradox is the concept of profit tunneling, where businesses who own nursing homes engage in financial maneuvers to misreport or hide true profits, essentially obscuring the true financial health of the enterprise. This tactic not only complicates the industry’s financial landscape but also raises questions about the quality of care provided in these facilities. With staffing levels directly tied to the quality of care, the financial engineering within the industry can have real-world impacts on patient care and facility operations.

Furthermore, the practice of engaging in related party transactions—where businesses make deals within a network of interconnected entities—complicates the financial transparency of nursing homes. Such transactions can mask the true profitability of these facilities, affecting everything from investment decisions to policy regulations concerning the industry.

Older adults who reside in nursing homes or assisted-living facilities in Riverside County or elsewhere in Southern California should be able to expect that the facility where they live has taken sufficient safety precautions to prevent resident injuries. However, nursing homes throughout the state, and indeed across the country, often have safety issues that can result in resident injuries. Depending on the particular hazard, injuries can range from minor to severe. In many of these cases where an injury does occur, it may be possible to hold the nursing home accountable by filing a nursing home neglect claim. Our Riverside County nursing home abuse and neglect attorneys can assist you, and in the meantime, we can tell you more about common safety issues in Southern California nursing homes.

Fall Concerns

Nursing homes have a duty to ensure that their facilities are safe and do not prevent fall hazards, including those that could result in dangerous slips and falls or trips and falls. Common fall hazards, according to the AHRQ, include a lack of grip bars in bathrooms, slick flooring, torn or damaged carpeting, lack of handrails in stairwells, and liquid spills that go uncleaned.

From nursing homes in San Diego County to those elsewhere in Southern California and across the country, staffing shortages can lead to serious resident injuries as a result of passive neglect. In short, when a nursing home does not have a sufficient number of employees to provide appropriate care for residents based on individual resident needs, residents can sustain injuries like bed sores because they are not moving or broken bones in falls when they try to get out of bed or make it to the restroom themselves despite requiring assistance with these activities. According to a recent article in The New York Times, the significant staffing shortages that were identified at the peak of the COVID-19 pandemic are persisting in nursing homes throughout the United States, along with problems concerning infection control measures and protocol.

Staffing Problems Could Be “Monumental”

A new report on nursing home safety, discussed by the Times, was recently prepared by the inspector general’s office at the US Department of Health and Human Services (HHS). The report cited how the federal Centers for Medicare & Medicaid Services (CMS) is responsible for overseeing about 1.2 million nursing home residents nationwide, and for many of those residents at facilities in California and elsewhere, staffing issues are “monumental.” To be sure, the report identified “high levels of burnout, frequent employee turnover, and the burdens of constantly training new employees, some of whom fail to show up for their first day of work.”

If you have an elderly parent or other loved one in a nursing home or assisted-living facility in Los Angeles County, you should always pay close attention so that you can identify possible signs of elder abuse or neglect. In Los Angeles County and across the state of California, protections for elderly adults are far behind those available to seniors in other states, according to a recent report from KTLA news. Indeed, that report cites a recent study conducted by WalletHub that shows California ranking at the very bottom — number 51 — in terms of protections against elder abuse and neglect. 

Our Los Angeles County nursing home neglect lawyers can tell you more and can speak with you today about any concerns you have.

Study Addresses California’s Poor Record Concerning Elder Abuse Protections

Nursing homes in San Bernardino County and throughout Southern California must comply with state and federal laws concerning resident care. Those laws require nursing homes to provide a particular level of care based on the resident’s needs, to comply with residents’ rights, and to ensure a certain level of safety at the facility. In recent years, questions and concerns about transparency in nursing homes have become particularly important as residents have experienced injuries due to nursing home abuse and neglect, have been transferred unlawfully to hospice facilities, and have been evicted for inexplicable reasons. 

As of January 1, 2024, a new law is in effect that requires nursing homes to provide detailed information to residents upon eviction. Our San Bernardino County nursing home abuse and neglect lawyers can tell you more.

Risk of Forcible Discharge or Eviction at California Nursing Homes

Falls can result in severe injuries for people of any age in Orange County, but they are particularly dangerous for older adults who may live in nursing homes or assisted living facilities in Southern California. Indeed, according to the Centers for Disease Control and Prevention (CDC), about 20 percent of all falls among the elderly result in a debilitating injury such as a traumatic brain injury (TBI) or a broken bone, and approximately three million older adults need to be treated in emergency departments every year for injuries they have sustained from falls. Of those seniors, about 800,000 need to be hospitalized because of the severity of the injury, which is usually a TBI or a hip fracture. In total, around 300,000 elderly people need to be hospitalized due to hip fractures every year.

When falls happen in nursing homes or assisted living facilities and residents sustain hip fractures, TBIs, or other serious injuries, the nursing home may be liable. Our Orange County nursing home negligence lawyers can explain.

Preventing Nursing Home Falls

Nursing homes and assisted-living facilities in Los Angeles County can provide necessary care and supervision to older adults, but these locations can also be places where elderly loved ones sustain serious and life-threatening injuries. According to data from Becker’s Hospital Review, the highest rate of elderly injuries occurs in skilled nursing facilities, followed by assisted-living facilities and other types of residential care facilities for the elderly (RCFEs). Nursing homes are distinct from assisted-living facilities or RCFEs because they provide medical care, and residents usually need more supervision and health care. 

What causes most of the injuries that older adults sustain in nursing homes? The following are some of the leading causes of nursing home injuries due to abuse and neglect in Los Angeles County.

Inadequate Supervision

Many different types of injuries can be warning signs of nursing home abuse or neglect in San Bernardino County and throughout Southern California. Burn injuries are one type of injury that can signal physical abuse or passive neglect, depending upon the burn injury and how the nursing home resident sustained it. While burn injuries may not be quite as common as certain other types of harm reported in nursing homes (such as bed sores, for example), burn injuries do occur, and the facility and other parties could be liable. Our San Bernardino nursing home neglect attorneys can tell you more about elderly burn injuries and how they can be symptoms of abuse or neglect in Southern California nursing facilities.

Learning More About Burn Injuries in the Elderly

Older adults in nursing homes can be more susceptible to burn injuries, and burn injuries can be more problematic in older patients, as well. Indeed, as Wolters Kluwer underscores, “older adults are more prone to burn injury and are also more likely to develop complications after the injury.” In addition, “treatment outcomes are overall worse for older compared with younger adults,” and “the incidence of burn injuries in older adults is increasing.” In addition to physical harm, burn injuries can also have psychological consequences, and it can be difficult for older adults to recover from serious burn injuries.

This WaScreenshot-2023-12-19-153231-300x153shington Post Article on the problem of nursing home and assisted living residents wandering away from their facility is a must read. For many nursing facilities, the notion of “memory care” is little more than marketing to unsuspecting families who think mom or dad with dementia or Alzheimer’s will be receiving specialized care. Here at Southern California Nursing Home Law Group we have had several “elopement cases,” all of them resulting in fatalities.

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