Articles Posted in Nursing Home Abuse and Neglect

elias-castillo-658736-unsplash-copy-300x200In Oceanside and throughout much of Southern California, many nursing homes and assisted-living facilities are staffed by immigrants who are residing in the country under Temporary Protected Status (TPS), according to a recent article in the Los Angeles Times. What is the connection between nursing home staff members working in the country under TPS and risks of nursing home negligence? In short, as the article contends, the Trump administration’s targeting of immigrants could result in significant nursing home staff shortages in California in particular. As a report from the Urban Institute for the U.S. Department of Health and Human Services (HHS) explains, maintaining a staff-to-resident ratio at skilled nursing and assisted-living facilities is essential to prevent unintended nursing home neglect.

Trump Administration Ending TPS for Immigrants

The article in the Los Angeles Times explains that there are currently about 59,000 Haitians who are living and working in the U.S. under TPS, and many more thousands from other countries. TPS is a humanitarian program, and for Haitians it provided immigrants with the ability to live and work in the United States following the devastating earthquake in 2010. Yet many people living and working in the U.S. under TPS may need to leave the country given that “the Trump administration decided to end TPS for Haitians, giving them until July 22, 2019, to leave the country or face deportation.”

jorge-lopez-284336-copy-300x200When you have an elderly loved one with mental health issues in San Clemente, it can be difficult to find a skilled nursing facility that can provide the type of care, as well as the quality of care, that your family member needs. Having a loved one with a mental health issue can mean that she or he may be more vulnerable to nursing home abuse or neglect, or at least the ability to identify and properly report it. As such, it is often particularly important for families searching for nursing homes for a loved one with a mental illness to find a facility with high marks and a history of quality care.

According to a recent article from Reuters Health, “even people with common and often treatable mental health problems like depression and anxiety may have a harder time than patients without these diagnoses getting admitted to a high-quality nursing home.” How does an elderly patient’s mental health impact his or her ability to get accepted into a particular nursing home or assisted-living facility?

Study Says Nursing Homes With High Ratings May be Less Likely to Accept Patients With History of Mental Health Problems

andres-de-armas-103880-copy-300x200News about the opioid crisis or opioid epidemic has put many patients on notice about the dangers of these drugs. But what about nursing home patients in Rancho Bernardo and elsewhere in Southern California who may be suffering harms from opioids, benzodiazepines, and other prescription medications? Should physicians be prescribing such medications for seniors in skilled nursing facilities, or could these drugs be doing more harm than good? Is it possible that the use—and overuse—of benzodiazepines and opioids together in nursing homes could rise to the level of nursing home abuse or nursing home neglect?

According to a recent article in The New York Times, use of benzodiazepines is on the rise among America’s seniors, yet older adults are “particularly vulnerable to the drugs’ ill effects.” In combination with opioid prescriptions, elderly adults using benzodiazepines may be at particularly severe risk of harm.

History of Benzodiazepine Dangers in Older Adults

parker-byrd-139348-copy-300x200For anyone in Encinitas who is thinking about long-term care and skilled nursing facilities, it is important to do a substantial amount of background research before selecting a facility in order to prevent nursing home abuse and neglect. A new website from the state of California, “Cal Health Find,” was designed to make this research easier, allowing potential patients and their families to compare nursing homes and to consider safety ratings. However, according to a recent report in California Healthline, the website may be doing more harm than good. Nursing home advocates in California “are calling on the state to take it down,” describing the website as “incomplete, inaccurate, and a huge step in the wrong direction.”

Learning More About Cal Health Find and Potential Problems with the Website

The California Department of Public Health launched Cal Health Find to “help people compare the quality of nursing homes and other health care facilities.” The site was designed as a replacement for the Health Facilities Consumer Information System provided by the state, and it was supposed to be more user-friendly. The state invested about $437,000 to build and to operate the new website. What are some of the additions the state made to make it easier for Encinitas residents to learn about histories of nursing home abuse or neglect at certain facilities?

daan-stevens-282446-1-copy-300x191Do you have a loved one with dementia who resides in a nursing home in Carlsbad? If so, it is important to pay close attention to the risks of overmedication for dementia patients. While we have been discussing the problematic off-label use of antipsychotic drugs in patients with Alzheimer’s for quite some time, in more recent months we have not heard a lot about this issue. However, a lack of news coverage about an issue does not mean it has been resolved in a satisfactory manner. According to U.S. News & World Report, a recent report from Human Rights Watch found that “nursing homes unnecessarily give antipsychotic drugs to more than 179,000 residents per week.”

Off-Label Use of Antipsychotic Drugs Persists in American Nursing Homes

The Human Rights Watch report says that antipsychotic drugs continue to be administered to elderly nursing home residents who suffer from Alzheimer’s and other forms of dementia when those drugs have not been prescribed to treat their conditions. Potentially even more harmful, the report suggests, is that those patients are not giving “free and informed consent” to the off-label use of these antipsychotic drugs. These findings appeared in a human rights watch report entitled, “They Want Docile.”

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.”

jonathan-adeline-259286-copy-300x200Whether you are reading about nursing home evictions in Poway or elsewhere in Southern California, it is important to think carefully about the rising rates of evictions and how these actions might rise to the level of elder and dependent adult abuse in the state. According to a recent article in California Healthline, more nursing homes in California are evicting patients who allegedly cannot pay after being assessed higher fees, while others are evicting residents and patients with certain illnesses and medical conditions, such as Alzheimer’s disease or other forms of dementia.

Do improper evictions rise to the level of nursing home abuse? Can you file an elder abuse lawsuit following an improper eviction from a skilled nursing facility in California?

Evictions Complaints on the Rise in California

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.

jorge-lopez-284336-copy-300x200Whether you live in Vista or elsewhere in San Diego County, you may have an elderly loved one who resides in a nursing home or an assisted-living facility in the area. Given the frequent news reports about elder abuse and neglect, you may worry about your elderly loved one’s safety. While nursing home abuse can occur in almost any facility, a recent report in the Star Tribune highlighted elder abuse prevention efforts in San Diego County specifically, describing the work of San Diego County law enforcement as “a model to protect seniors.”

Are seniors getting safer in Southern California nursing homes, or do we need to remain just as vigilant about the risks of elder abuse and neglect in Vista?

San Diego County’s Approach to Elder Abuse Investigations