Articles Posted in Nursing Negligence

rawpixel-487102-unsplash-copy-300x207In Poway and elsewhere in the state of California, elderly residents of nursing homes are facing unfair evictions and what has been termed “patient dumping.” In many cases, these evictions may amount to nursing home abuse or neglect. According to a press release from the organization, the AARP Foundation filed a lawsuit against a facility in Northern California after it unlawfully evicted an 83-year-old patient. The lawsuit emphasizes the growing problem of illegal nursing home evictions in California and across the country, and it also offers an opportunity for families to think carefully about the type of skilled nursing facility that is providing the care for an elderly family member.

Lawsuit Alleges Illegal Eviction of Nursing Home Resident

The AARP Foundation explains that the resident at the center of the lawsuit, Gloria Single, had been residing at Pioneer House in the Sacramento area until she was evicted in March of last year. Single suffers from Alzheimer’s disease, and she requires particular care in a skilled nursing facility. The lawsuit alleges that Pioneer House, the RHF Foundation, and corporate affiliates are responsible for “illegally dump[ing]” Single at a hospital, which meant that the defendants “willfully violat[ed] a State order requiring that they allow her to return home.”

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.

max-larochelle-421822-copy-240x300The recent hurricanes in Texas and Florida have illuminated serious deficiencies in many nursing homes and assisted-living facilities, according to a report from National Public Radio. More specifically, many skilled nursing facilities are not prepared to handle an emergency situation, from a power outage in a severe storm to structural damage caused by a natural disaster such as an earthquake. If nursing homes, assisted-living facilities, and RCFEs in Carlsbad are not prepared to keep their residents safe in the event of one of these emergency situations, then elderly patients and residents can suffer injuries as a result of elder neglect.

Nursing home neglect often arises in situations where staff members at facilities did not intend to do harm to patients, but due to understaffing and other problems, neglect results in serious and sometimes fatal injuries.

Failing to Prepare for “Basic Contingencies”

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

Residents of Valley Center with elderly loved ones in nursing homes or assisted-living facilities should pay close attention to a recent case concerning the death of a patient at a Northern California facility. According to an article in the Napa Valley Register, a lawsuit alleges that a 91-year-old patient at the Golden LivingCenter died as a result of nursing home neglect. The lawsuit contends that nursing home negligence led the patient, Jeanne Roney, to “suffer multiple falls and injuries including scabies, a urinary tract infection, and malnutrition.” Nine days after a scabies diagnosis, the patient died.

The patient’s family alleges that the facility failed to provide a sufficient number of staff, and that it also failed to properly train the staff members that it did have. Due to such negligence, the family argues that Roney sustained fatal injuries. How is this claim likely to play out? What is required for a successful nursing home negligence lawsuit in Valley Center, California?

Details of the Recent Allegations Against Golden LivingCenter

ian-schneider-95541-300x200How much decision-making power does a Chula Vista nursing home resident get when it comes to his or her quality of care? According to a recent article from Kaiser Health News, seniors in Southern California and across the country may be able to have more autonomy through shifts in federal regulations. As the article explains, around 1.4 million seniors living in nursing homes “now can be more involved in their care under the most wide-ranging revision of federal rules for such facilities in 25 years.”

What does it mean for older adults in nursing homes to have more autonomy over their schedules and care? Could such shifts in care perhaps reduce the rate of nursing home abuse in Southern California and throughout the country?

Shift in Federal Rules Focuses on “Person-Centered Care”

file451297827287-1-300x225 Whether you have an elderly loved one who lives in San Diego County or elsewhere in California, it is important to understand how elder abuse laws in our state can help to provide compensation for seniors who suffer injuries as a result of abuse and neglect in the assisted living setting. According to a recent report from the North Coast Journal, a California jury awarded $5 million to the family of an elderly woman who died while under the care of Timber Ridge McKinleyville. The jury, according to the article, “found the facility liable for wrongful death and elder abuse.” Of the $5 million jury verdict, $2.5 million in punitive damages was awarded.

Congratulations to attorneys Tim Needham and Michael Thamer for such outstanding work on behalf of this family.

This jury verdict emphasizes the importance of speaking with an experienced San Diego County nursing home abuse lawyer in the event that an elderly loved one sustains serious or fatal injuries resulting from elder abuse or neglect. If you have questions, do not hesitate to contact the Walton Law Firm.

DSC_0761-300x199Chronic nursing home abuse that results in frequent trips to hospitals and intensive care units is a problem in San Diego County and throughout Southern California. According to a recent article in the Compton Herald, a chronic nursing home neglect case in Inglewood highlights the risk of serious injuries in particular facilities and the threat of continuing healthcare violations. In the recent case, the facility, Centinela Skilled Nursing & Wellness Centre, is one of numerous facilities owned by the Los Angeles billionaire Schlomo Y. Rechnitz, which are operated under the chain name of Brius Healthcare Services and have already came under scrutiny in 2016. Does the recent case suggest that Southern California residents need to be wary of this healthcare chain? What can family members do to help prevent nursing home abuse and neglect?

Details of the Recent Nursing Home Abuse and Neglect Case

As the article reports, a Southern California woman was admitted into the Centinela Skilled Nursing & Wellness Centre in Inglewood, where she was supposed to obtain rehabilitative services after being discharged from the Centinela Hospital Medical Center. While in the hospital, the patient had received care for about six weeks for “a severe body infection.” When she enters Centinela Skilled Nursing, her family members indicated that she was “progressing steadily,” recuperating from the infection that required her hospitalization. However, when the family visited her at the nursing facility a short time later, they found her “sitting in a wheelchair in a seemingly catatonic state, trembling uncontrollably, mumbling jibberish with her eyes rolling back in her head.”

zdunbsai3p0-geo-darwin-300x225When many of us think about nursing home abuse or neglect in Carlsbad, California, we imagine scenarios in which patients have clearly been subjected to inadequate care. Yet nursing home neglect can be much more insidious, particularly when it involves malnutrition. What is malnutrition, exactly? An article in the Huffington Post clarifies that malnutrition simply refers to “insufficient food intake compared with nutrition requirements.”

As a recent peer-reviewed article in Current Opinion in Clinical Nutrition & Metabolic Care explains, “malnutrition in the nursing home is increasingly recognized as a major international research priority, given the expanding geriatric populations, serious consequences, and challenges conducting research in nursing homes.” What do you need to know about the connections between nursing home neglect and malnutrition in Southern California?

Learning More About Malnutrition Among Elderly California Residents

tuyyno_vdp0-sam-wheeler-300x199If you have an elderly loved one who recently required care in a hospital and now will need long-term care in a nursing home in Escondido, how do you know which facility will provide the best quality of care and does not have a history of nursing home abuse or neglect? According to a recent article from NPR, a potential change to the rules concerning Medicare and hospitals’ rights and responsibilities toward patients could mean that more hospitals, which often see elderly patients in Southern California and throughout the country, could provide helpful information to families struggling to select a quality nursing home in their budget.

Hospitals Required to Provide ‘Unrestricted’ Information About Nursing Homes

Up to this point, why have hospitals in San Diego County avoided giving patients and their families information about certain nursing homes that they believe can provide quality care? The article explains that “hospitals have long been reluctant to share with patients their assessments of which nursing homes are best because of a Medicare requirement that patients’ choices can’t be restricted.”