Articles Posted in Elder Abuse

andres-de-armas-103880-copy-300x200If you have an elderly loved one at a nursing home in Rancho Bernardo or elsewhere in the San Diego area, it is important to learn more about recent off-label use of a drug that could be causing serious harm. According to a recent report from CNN News, a medication designed to treat a disorder that is commonly associated with individuals suffering from multiple sclerosis (MS) or Lou Gehrig’s disease (ALS) is now being used on elderly patients who suffer from Alzheimer’s disease or another form of dementia. To be clear, this is off-label use, and the CNN News report suggests that it is not being done for the right reasons. In fact, use of the drug could rise to the level of nursing home abuse.

Off-Label Use of Nuedexta Presents Risks to Nursing Home Patients

What is off-label drug use? As an article in U.S. News & World Report explains, off-label drug use can mean one of a couple of different things. Sometimes “it involves taking a drug for a different medical condition than it’s meant for.” In other situations, the term can mean “taking drugs in non-approved dosage or form.”

jorge-lopez-284336-copy-300x200If you have an older parent or other family member who resides in a nursing home in Poway or elsewhere in Southern California, it is important to understand the risks of nursing home abuse and neglect. In recent years, numerous studies have pointed out that many elder abuse cases involve perpetrators who are also residents of the facilities in which the injuries occur. In particular, cases of sexual abuse in the elderly can happen when one patient sexually assaults another patient. When do issues of consent and capacity arise in these kinds of nursing home abuse claims? Most frequently, as it turns out, when the victim suffers from Alzheimer’s disease or another form of dementia. Can such a patient ever give consent? In other words, can such a patient actually have the capacity to consent, or is any sexual act always one for which consent simply cannot be given?

This is a question that is currently at issue in California. According to an article in The Sacramento Bee, a 79-year-old woman at a California nursing home may have been sexually assaulted by another patient, a 70-year-old man also residing at the facility. Is there ever a gray area between consent and elder abuse?

Getting the Facts of the Recent Case

daan-stevens-282446-1-copy-300x191If you have an elderly loved one who currently resides in an Escondido nursing home or assisted living facility, it is important to properly assess the risks of elder abuse and neglect. According to a recent report from NPR, particularly serious cases of nursing home abuse may go unreported. We know that many seniors sustain severe injuries as a result of nursing home abuse and neglect, and that there are likely many more cases that occur than are reported.

Federal Report Raises Concerns About Severe Cases of Nursing Home Abuse and Neglect

Based on information contained in an alert from the Office of Inspector General in the Department of Health and Human Services (HHS), however, that number might be even higher than some commentators have feared. According to the NPR report, the alert noted that “cases went unreported despite the fact that state and federal law require that serious cases of abuse in nursing homes be turned over to the police.” Investigators with HHS emphasized that the alert was issued in order to demand “immediate fixes.”

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:

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.

ian-schneider-95541-300x200Residents of Valley Center, California who currently have loved ones in nursing homes and assisted-living facilities in Southern California should take note of a recent study that addresses the impact of elder abuse on the long-term health of seniors. According to a recent study supported by the World Health Organization (WHO) and published in Lancet Global Health, approximately one out of every six seniors experiences some form of elder abuse. As the study clarifies, this is “a higher figure than previously estimated,” and it is only expected to increase as the population of older adults increases. Moreover, the study also suggests that certain types of elder abuse have long-term health effects that have not been sufficiently studied.

Higher Rates of Elder Abuse Among Senior Population Than Previously Reported

The recent WHO study suggests that more than 15% of the elderly population will experience some type of abuse in old age, from nursing home abuse to neglect at an assisted-living facility. As the study highlights, this number is significantly higher than previously estimates of elder abuse. As a fact sheet from the National Council on Aging (NCOA) indicates, experts previously believed that elder abuse occurred in about one out of every 10 seniors, or 10% of the elderly population.

Falta_de_fusio%CC%81n_del_nu%CC%81cleo_de_la_estiloides-300x221We know that the likelihood of Rancho Bernardo patients who visit emergency rooms receiving elder abuse diagnoses is small, based on a study conducted by researchers at the University of California, San Diego, among others. However, are there other locations in which physicians could be trained to identify sign and symptoms of nursing home abuse and neglect? According to an article in Psych Central, a recent study suggests that radiologists could be an important source of detection for abuse among elderly patients. Could more training for radiologists mean earlier treatment for injuries sustained as a result of nursing home abuse in San Diego County?

Why Should We Train Radiologists to Detect Signs of Elder Abuse and Neglect?

Are radiologists in a better position to identify signs of nursing home abuse than other types of medical doctors? In some ways, the answer might be yes. To better understand why training for radiologists in elder abuse could be an effective detection measure, it is important to understand what a radiologist does. As a fact sheet from the American College of Radiology explains, radiologists are doctors “who specialize in diagnosing and treating diseases and injuries using medical imaging techniques, such as x-rays, computed tomography (CT), magnetic resonance imaging (MRI), nuclear medicine, positron emission tomography (PET), and ultrasound.”

brian-erickson-204442-copy-300x169Residents of Poway should be aware of recent elder abuse allegations against a California VA hospital. According to a recent report from NBC News Los Angeles, a navy veteran’s family has filed an elder abuse and neglect claim against a Palo Alto veterans’ hospital following the veteran’s death. The report cites the family’s lawsuit, which alleges that the victim, Douglas Wayne Ross, died after sustaining a traumatic brain injury as a result of a fall. The family contends that “he was in need of continuous care and was left alone for too long.”

Details of the Lawsuit in California

How did the patient’s death occur? According to the report, 72-year-old Ross was admitted to the VA hospital in Palo Alto in spring 2016 for surgery. The surgery was supposed to “restore blood flow to his lower body.” After the first surgery, the patient suffered a heart attack. He remained at the hospital to recover, during which time he required continuous care. More specifically, the lawsuit alleges that he required “dialysis and blood thinners and was designated a high risk for falling down.”


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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