Articles Posted in Assisted Living Facilities

jorge-lopez-284336-copy-300x200If you have an elderly loved one at a nursing home or assisted living facility in Rancho Bernardo or elsewhere in the San Diego area, it is important to learn more about how facilities’ corporate ties could impact quality of care. According to a recent article in The New York Times, seniors in facilities across the country are suffering nursing home neglect injuries as a result of “lackluster care” and a “scarcity of nurses and aides.” Yet the underfunding of nursing homes actually could be linked to the “constellation of corporations” to which many facilities are tied. In other words, nursing home owners’ attachments to corporate entities could be a primary cause of elder neglect incidents occurring at facilities across the country.

Outsourcing Services to Corporations Linked to Nursing Home Owners

When we hear that nursing homes are underfunded and understaffed, are those problems actually a result of the facilities wanting to provide quality care failing to have enough funding to hire an adequate number of staff members? Or, as the article suggests, are these problems tied to the more disturbing reason that nursing home owners have business interests that come first above patient safety and quality care? According to The New York Times, an “increasingly common business arrangement” involves nursing home owners outsourcing “a wide variety of goods and services to companies in which they have a financial interest or that they control.”

alex-boyd-260321-copy-300x200When nursing home abuse lawsuits arising from allegations of elder abuse and neglect in Escondido go to jury trials, how do those juries decide liability? When cases go to juries, members of the jury are provided with the “essential factual elements” of the claim. Then, they are instructed that if the essential factual elements have been met, to find in favor of the plaintiff. Different types of nursing home abuse and neglect claims come with different jury instructions.

We want to give you some more information about the essential factual elements of a nursing home neglect claim as well as some examples to clarify how a jury might decide a particular case.

Nursing Home Neglect in California

casey-horner-353950-copy-153x300What types of safety protections are in place for patients at San Marcos nursing homes? While we recently discussed elder safety investigations in San Diego County, it turns out that facilities across the state of California are not doing enough to protect seniors against nursing home abuse in the first place. In other words, although San Diego County’s investigations may be a model for other regions of the country, the state ranks last when it comes to elder abuse protections designed to prevent abuse and neglect, according to a recent report in WalletHub.

Need for States to Take Steps to Prevent Nursing Home Abuse and Neglect

As the report explains, “elder abuse affects as many as 5 million people per year, and 96 percent of all cases go unreported.” Given that a large portion of the population is currently age 65 or older—and that the population in that age group is expected to almost double by the year 2050—it is particularly important to think about preventive measures so that elder abuse does not occur. While enforcement methods are significant in the shorter term, the goal should be to eradicate, inasmuch as possible, the risks of abuse for seniors living in nursing homes and assisted-living facilities. The report ultimately suggests that the impetus for this needs to be on individual states.

alex-boyd-260321-copy-300x200Whether an elderly loved one in your life is facing eviction from an Oceanside nursing home or from a skilled nursing facility elsewhere in San Diego County, it is important to recognize that evictions can result in incidents of nursing home abuse and neglect after a patient is forced to move into another facility quickly. At the same time, advocates argue that nursing home evictions are, in and of themselves, a form of elder abuse. According to a recent article in iAdvance Senior Care, the AARP Foundation and the California Long-Term Care Ombudsman Association have filed a lawsuit against a California nursing home following a patient eviction.

As the article emphasizes, the AARP Foundation and the California Long-Term Care Ombudsman Association hope that they will win the suit, and that it will set a precedent for other cases involving nursing home evictions in the state.

Nursing Home Evictions are a Form of Elder Abuse, Advocates Argue

rt_k9r80pya-jean-gerber-300x200When a senior in San Marcos suffers injuries as a result of nursing home neglect or elder abuse, family members should know that this might not be a one-time occurrence. A fact sheet from the World Health Organization (WHO) emphasizes that nursing home abuse can be a single occurrence, or it can be repeated. In many situations, older adults are victims of recurrent abuse. What can you do if you are a senior and are being repeatedly victimized by an individual at your nursing home or assisted-living facility, or if you have an elderly loved one who is in this situation? In such cases, an elder or dependent adult abuse restraining order may be able to help.

What is Required for an Elder or Dependent Adult Abuse Restraining Order in California?

According to a fact sheet from the California Courts, an elder or dependent adult abuse restraining order may be able to provide some protection to seniors who are suffering from nursing home abuse or neglect. In order to be eligible for one of these types of restraining orders, the elderly adult who is seeking the order must be at least 65 years of age, and must be a victim of one of the following:

christopher-ayme-157131-copy-300x200Oceanside nursing home residents and their families should consider learning more about therapy animals and how they could help to improve the general health and quality of life for seniors who reside in nursing homes and assisted-living facilities in Southern California. According to a recent article in U-T San Diego, animal therapy is becoming more prominent in California and throughout the country, more residents in long-term care facilities are considering the benefits of therapy animals. An article in Psychology Today discusses a recent study that addresses the impact of therapy dogs in nursing homes and the question of whether they could help to improve the emotional health of seniors in these facilities.

It is important to raise public awareness about issues concerning nursing home abuse and neglect in order to prevent such incidents from happening. At the same time, seniors who reside in these facilities need to be in good emotional and psychological health in order to engage in self-care, and to have the strength to report incidents of abuse or neglect when they arise. In addition, when seniors are subject to nursing home abuse, they need strong immune systems to fight injuries. Emotional and psychological health impacts physical health and the immune system—when one falters, the other can, too. Can therapy animals have this effect?

Animals Visitation Programs and Therapy Dogs in Long-Term Care Settings

rt_k9r80pya-jean-gerber-300x200A lack of federal funding for elderly healthcare could cause a nursing home abuse epidemic in San Clemente and across the country, a recent article in The New York Times suggests. While a vote on the Senate health care bill has been delayed, even an amended version of the bill that includes drastic cuts to Medicaid could have serious and even deadly consequences for seniors living in nursing homes and assisted-living facilities. As the article contends, if such a bill passes, introducing “Trumpcare” to California and to the rest of the country, it “is certain to produce drastic upheaval in the landscape of long-term care.” Medicaid is currently “by far the largest source of funding for nursing home stays,” providing the funding for almost two-thirds of all nursing home residents.

If funding ceases, the quality of care is likely to decline, as well. Such a cut to Medicaid would result, at best, in a rise in nursing home neglect cases, the article argues. Could changes to Medicaid funding really produce such damage to elderly nursing home residents’ care?

History of California Nursing Home Abuse and Neglect

jonathan-adeline-259286-copy-300x200Many families in Encinitas who have elderly loved ones in San Diego County know that the cost of living is high, and the costs associated with nursing home care can be particularly steep. As reported in a recent article in Voice of San Diego, developers are beginning to think about the value of nursing homes and assisted-living facilities across the border in Baja California, where the cost of living may be much lower than in Southern California. Lower costs that come with the same quality of care could, of course, be great for seniors who are currently living in Encinitas and do not know how they will afford nursing home care. However, the article raises important questions about what happens if a senior sustains injuries as a result of nursing home abuse or neglect in Mexico. Could the patient or his or her family file a nursing home abuse lawsuit?

Nursing Homes in Mexico Attract California Residents

As the article details, Baja California has long been attracting Southern California residents to a more affordable place to live. Currently, there are anywhere from 300,000 to one million American retirees living in Mexico.


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If there is a shortage of home health aides in Vista and other areas of Southern California, how will such a shortage impact nursing home neglect in the state? According to a recent article in The Washington Post, there is a rising shortage of home health aides in California and across the country. Such a shortage could result in more instances of elder neglect within the homes of seniors, and at the same time, it could result in more elderly patients moving into nursing homes that are already understaffed. As such, the shortage in home health aides could also lead to more instances of nursing home neglect in facilities throughout the country.

Why is there such a significant shortage of home health aides? What can families do to help prevent instances of elder neglect?

Low Wages and Lack of Incentive

ian-schneider-95541-300x200For anyone in Carlsbad who has an elderly loved one residing in a nearby nursing home, it can be difficult to learn about risks related to certain types of medications. In some situations, however, the use of certain drugs in nursing homes may significantly increase a senior’s risk for pneumonia. In particular, patients with Alzheimer’s disease may be particularly susceptible. While we often hear about the dangers of over-medication and the off-label use of antipsychotic drugs, discussed relatively recently in a story by NPR, it is not as common for us to hear about prescription sedatives and pneumonia risks among patients with dementia. According to a recent article in Medical News Today, new research suggests that patients with dementia may be at greater risk for developing pneumonia, especially when they are prescribed sedatives such as benzodiazepines.

If a dementia patient on certain prescription medications develops pneumonia, could it be a result of nursing home neglect?

Nursing Home Prescriptions and Elder Neglect