Articles Tagged with California elder abuse attorney

alex-boyd-260321-copy-300x200As many Oceanside residents with elderly loved ones know, nursing homes in Southern California and throughout the country have been cited for improper discharges of patients, amounting largely to evictions or the “dumping” of patients. According to a recent article in Skilled Nursing News, reports about such actions have “become a widespread issue—so much so that it is now one of the most frequent complaints made to states’ long-term care ombudsman programs” in California and across the U.S. When elderly patients are evicted from skilled nursing facilities, they can face nursing home abuse and neglect in the facilities where they end up living. At the same time, the mere act of “dumping” patients may in and of itself constitute nursing home abuse or neglect.

In response to these complaints, the Centers for Medicare and Medicaid Services (CMS) “has announced a new initiative aimed at blunting the growing trend of improper discharges at skilled nursing facilities.” Will federal efforts help to prevent the continued evictions of nursing home residents in San Diego County?

Many Patient Discharges Violate Federal Regulations

fabrizio-verrecchia-221046-unsplash-copy-300x200Now is as good a time as any to begin thinking carefully about how citizens can play a role in preventing nursing home abuse and elder neglect in Valley Center. According to a recent article in The Acorn, when seniors see their family members and friends more often, signs and symptoms of elder abuse may be more obvious. Once the holiday season ends, it is important to consider ways of helping ensure the safety and well-being of elderly loved ones. The article points citizens to the California Department of Justice’s “A Citizen’s Guide to Preventing and Reporting Elder Abuse.” The publication continues to provide helpful advice for Valley Center residents, and we want to discuss a few key features of the publication with you.

Why should citizens learn more about preventing elder abuse? As the publication points out, “it may take the courage of a caring family member, friend, or caretaker to take action when the victim may be reluctant.”

Recognize Where Elder Abuse can Occur

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.

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:

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.”

faustin-tuyambaze-135473-copy-300x200If fewer students are interested in pursuing careers in gerontology and other fields associated with aging populations, could more residents of Escondido and other areas of Southern California be subject to elder abuse or neglect in the future? In other words, if there are fewer people entering into professions that serve the elderly in which they help to identify and prevent nursing home abuse, will the rate of abuse and neglect among the senior population increase? According to a recent article in The Ithacan, this is exactly what is happening: Fewer students are interested in careers through which they would work with the elderly population. This news is especially problematic given that the rate of the senior population is expected to increase drastically in the coming years.

Disinterest Among College Students and Some Medical Students in Aging Studies

Is there a stigma surrounding aging studies marked by a persistent ageism? According to the article, “scholars believe ageism and the possible fears associated with death and dying contribute to a common disinterest college students have toward aging studies.” As the article goes on to clarify, studies that have investigated this topic have underscored just how problematic this disinterest could be given that the population of seniors in California and throughout the country is growing, and those people will need well-trained medical professionals.

rt_k9r80pya-jean-gerber-300x200While its effects may not be noticeable for years down the road, a new Alzheimer’s study could help to prevent nursing home abuse in San Marcos and other cities throughout the country. As the Alzheimer’s Association elucidates, elderly nursing home residents with Alzheimer’s and other forms of dementia often are subject to abuse and neglect. As such, if we can find a way to lower the rate of seniors who suffer from dementia, we might also then be able to lower the rate of nursing home abuse cases tied to Alzheimer’s and other forms of dementia. A new study is hoping to accomplish just that. According to a recent article in SFGate, a study on Alzheimer’s aims to prevent the disease before it begins.

The A4 Study Aims to Prevent Alzheimer’s Disease

According to the article, Dr. Reisa Sperling, a researcher at Harvard Medical School who serves as the project director for the A4 Study, aims for it to help prevent Alzheimer’s disease. What is the meaning behind the study’s name? It refers to “Anti-Amyloid Treatment in Asymptomatic Alzheimer’s.” Currently, there are more than 10,000 adults in the “Baby Boomer” generation who are entering into old age rapidly, and thus becoming at greater risk of developing Alzheimer’s disease. As Dr. Sperling explains, “I have witnessed the devastating effects of this disease in my work as a neurologist, as a clinical researcher and, sadly, in my own family.” Now, Dr. Sperling is undertaking prevention trials through the A4 Study that are designed “to try to stop memory loss before it begins.”

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