Articles Posted in Southern California Elder Abuse

peter-hershey-282615-copy-300x200Several months ago, we told you about proposed legislation designed to protect LGBTQ seniors from nursing home abuse in long-term care facilities. That proposed legislation, Senate Bill 219 (SB 219), has now been approved by the California Legislature, according to a recent article in San Diego Gay & Lesbian News. Older adults who identify as LGBTQ can face many forms of nursing home abuse and neglect that stem from prejudice and discriminatory behavior.

We want to give you a brief reminder about the proposed law and what it is designed to do, as well as to give you some more information about what it will take for it to become law.

Protections for LGBTQ Seniors Against Discrimination and Nursing Home Abuse

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.

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.

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

alice-donovan-rouse-195453-copy-300x200If you have an elderly loved one at a nursing home or assisted-living facility in Oceanside, or if your family is just beginning to think about skilled nursing options, it is important to learn more about proposed legislation designed to protect LGBT long-term residents of such facilities. Nursing home abuse and neglect are serious problems in California and across the country, and such incidents can sometimes involve discrimination against the patient.

The proposed law, SB 219, has been named the “Lesbian, Gay, Bisexual, and Transgender Long-Term Care Facility Resident’s Bill of Rights.” The bill is aimed at extending certain protection against discrimination based on sexual orientation and gender identity to seniors in nursing homes and other facilities in California.

Learning More About SB 219 and LGBT Protections in California Nursing Homes

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”

ufomxgheugk-todd-diemer-300x178Advocates for seniors in San Diego County and throughout California have concerns about elder abuse and neglect in nursing homes and assisted-living facilities. Last year, lawmakers took steps to speed up the rate at which elder abuse cases will be heard in California courts. Specifically, a recent article in the Monterey County Weekly reported on changes to the law in 2016 that will take effect this year, including SB 1065. This bill, proposed by State Senator Bill Monning, was signed into law in 2016 and is schedule to take effect on July 1, 2017. This is not a new law altogether, but rather, as the article clarifies, “builds on the existing Elder and Dependent Adult Civil protection Act to move elder abuse cases through the courts faster.”

Currently, without the law in effect, the article emphasizes that the “appellate process can take more than three years.” Once SB 1065 takes effect, however, all appeals must be decided by the court within 100 days. What else should you know about SB 1065 and its impact on San Diego County seniors?

Details of SB 1065 and its Elder Abuse Protections