Articles Tagged with elder abuse

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

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

jorge-lopez-284336-copy-300x200Many San Clemente residents with elderly loved ones may know that elder abuse often occurs in nursing homes and assisted-living facilities, and that it can happen at the home of a senior, as well (for a senior who still lives at home). Do we also need to be aware of elder neglect in hospitals and, in particular, in hospice settings? According to a recent report from California Healthline, older hospice patients can be victims of elder abuse and neglect, but many of us do not think about these risks as frequently. Neglect or abuse in hospice can be devastating. Although patients are facing terminal diagnoses, inattention to health needs by staff members can result in irreparable harm.

What do you need to know about elder abuse in hospice?

Elder Neglect Extends to Hospice

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

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.”

alex-knight-199368-copy-300x200How far has technology come in Encinitas when it concerns health care for seniors and elder abuse prevention? According to a recent article in the BBC News, most American and other Western healthcare facilities have not yet begun using robotics to help provide superior patient care, but the everyday use of robotics might not be too far in the future. As the article explains, Singapore’s Nanyang Technological University has begun using an “intelligent” robot as its receptionist, and that robot could be a model for senior care in California, throughout the U.S., and across the world. What else should you know about the possibility of robotics in senior healthcare and the ways that “intelligent” nurses may be able to help detect and prevent nursing home abuse and neglect?

“Intelligent” Nurses Could Provide Senior Care and Attention

At Singapore’s Nanyang Technological University, the “intelligent” receptionist is called Nadine. The BBC News notes that, “from a distance, nothing about her appearance seems unusual . . . .  It’s only on closer inspection that doubts set in.” Indeed, “for a machine, her looks and behavior are remarkably natural.” But there is more significance to Nadine than the fact that she may look like a human worker. Perhaps more than humans, the scientists who created her suggest, Nadine and other “intelligent” workers like her have the ability to recognize certain human emotions and to draw conclusions about behavior.

josh-rinard-108856-300x200If you have an elderly loved one who currently lives in a nursing home or assisted-living facility in San Diego County, it is important to learn more about proposed federal legislation that could starkly limit civil protections for victims of elder abuse. According to a recent article in East County Magazine, the bill at issue, H.R. 1215, “will effectively end California’s 20-plus year civil protection system for victims of elder abuse or neglect perpetrated by health care providers.” The bill has been named the “Protecting Access to Care Act of 2017,” but elder safety advocates argue that, if the name of the bill more accurately reflected its content and possible aims, it would be called “Obstruction of Justice for the Injured,” according to the article.

What do you need to know about the particulars of this bill and the harms that could arise if this proposed legislation passes?

Learning More About H.R. 1215: Protection Access to Care Act of 2017

byron-johnson-208827-200x300If a caregiver is charged with elder abuse and is convicted in Escondido, will that  record of abuse follow him or her in the event that he or she attempts to find another job working at a nursing home or assisted-living facility in Southern California? Can a person convicted of nursing home abuse apply to have this particular type of record expunged, thereby allowing that person to apply (potentially successfully) for employment at a skilled nursing facility in the area? According to a recent article in the Valley Road Runner, a particular California law may allow for the expungement of abuse records in certain cases. For San Diego-area residents whose loved ones have been the victims of elder abuse, this is particularly disconcerting.

What else should you know about California laws concerning the records of caregivers?

Expunging Records of Elder Abuse

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.