Current Feed Content from 3 Oct 08 01:06
Elder Abuse: Violations Occur At Over 90% Of Nursing Homes
Tue, 30 Sep 2008 14:44:10 -0800A study just released by the Inspector General of the Department of Health and Human Services reports that 94% of all nursing homes nationwide were cited for violations of federal health and safety standards during 2007. Approximately 17% received deficiencies or citations for issues which caused "actual harm or immediate jeopardy" to residents. These deficiencies were for such things as bedsores, medication errors, lack of nutrition/dehydration, abuse and neglect of residents.
In total, inspectors received 37, 150 complaints nationwide. Surprsingly, only one-fifth of the verified complaints involved the abuse or neglect of patients. The remainder were for adminsitrative issues or those related to the physical premises.
Another telling statistic is that 94% of for-profit nursing homes were cited whereas only 88% of non-profit nursing homes were cited. For-profit also received an average of 7.6 deficiencies per home whereas non-profits averaged 5.7 per home.
Nursing Home Violations Widespread Nationwide
Tue, 30 Sep 2008 08:21:54 -0800The New York Times is reporting this morning that 90% of all nursing homes were cited for violations of federal health and safety standards. Approximately 17% of U.S. nursing homes had deficiencies that caused actual harm. As mentioned in this blog previously, nursing facilities that operate "for-profit" were more likely to have problems than non-profit homes.
Federal inspectors received 37, 150 complaints in 2007 about nursing home conditions, the bulk of which involved bed sores, abuse and neglect of residents, medication errors, and nutritional issues. Failure to sufficiently staff was noted as a particular concern in the report, including the allegation that nursing homes “have systematically failed to provide staff in sufficient numbers and with appropriate clinical expertise to serve their residents.” Not surprisingly, researchers learned that elderly patients receive better care at homes with a higher ratio of nursing staff members to patients.
The U.S. has approximately 15, 000 nursing homes, housing nearly 2 million people. Under the laws of most states, including California, these homes are inspected once a year.
Walton Barber LLP, a Southern California law firm, represents individuals who have been impacted by the abuse of elders and dependent adults while under professional care. All consultations are free, and cases are accepted in all Southern California counties.
Nursing Home Deaths Caused by Deliberate Overdosing
Thu, 25 Sep 2008 10:48:33 -0800Elder abuse or neglect in the nursing home is a fear many elderly Americans face. A case unfolding in Illinois is about as bad as it gets.
According to a report from the states Department of Public Health, several suspicious deaths at the Lake of the Hills nursing home may have been the result of a nurse deliberately overdosing troublesome patients. A year-long investigation into the deaths revealed that nurse Marty Himebaugh boasted to coworkers that she gave patients she felt were difficult or had "lived long enough" a drug cocktail that contained morphine sulfate, now suspected as the cause of several deaths.
I one particularly horrible finding, the nurse was reported as telling a coworker that, "those people aren't meant to live that long, " referring to an adult resident who suffered from Downs syndrome, "they are meant to die in their teens and I'm going to help him along."
Himebaugh has been charged with criminal neglect, alleging that she gave four residents unsafe levels of drugs, causing all four to die. More on this story can be found here.
This story makes one wonder about the overmedication cases we see. It is not uncommon for a family to tell us that mom or dad was alert and oriented upon admission to a facility, and then in a matter of days or weeks was “sleeping all of the time” or “acting strangely, ” usually ending with some injury-causing event. Typically, we approach those cases as accidental overmedication, the result of poor staffing or poor training. But this case will prompt us to look at other, intentional causes.
Elder Abuse: Two New Protection Bills Being Considered
Thu, 18 Sep 2008 15:39:48 -0800On Wednesday, the Senate Finance Committee approved two bills which will help prevent neglect and abuse of elderly persons.
A frequent source of abuse are caregivers who are repeat violent offenders. A bill (S 1577), sponsored by Sen. Herb Kohl (D-Wis.), would create a nationwide background check system to screen long-term care employees for a history of abuse or a violent criminal record prior to hiring.
A seven-state pilot program established under the 2003 Medicare law already exists and would be expanded by this bill. The bill would provide as much as $160 million in grants over three years to states which seek to participate in the program. This law would help keep violent offenders from working in nursing homes with particularly vulnerable elderly patients.
The secdon bill (S 1070), sponsored by Sen. Orrin Hatch (R-Utah), would create state and local training and assistance programs for long-term care employees. The legislation would also establish a database used to identify and track elder abuse cases.
Southern California Nursing Home Citation Watch
Tue, 09 Sep 2008 12:58:46 -0800This list contains the issuance of citations to Southern California nursing facilities by the California Department of Public Health over the last six months. All the citations listed are issued for reasons related to patient care. For verification of the citation, please contact the local department office or Walton Barber LLP.
Facility Date Citation Los Angeles County Brighton Convalescent Center 05/23/08 Class B Heritage Manor 03/7/08 Class B Imperial Convalescent Hosp 03/26/08 Class B Ramona Care Center 05/23/08 Class B Studio City Rehabilitation Center 02/21/08 Class A Villa Oaks Convalescent 06/23/08 Class B Windsor Convalescent Long Beach. 05/22/08 Class B Windsor Palms Artesia 05/23/08 Class A Orange County Evergreen Fullerton Healthcare 04/15/08 Class B French Park Care Center 05/20/08 Class B Kindred Healthcare of Orange 04/29/08 Class B New Orange Hills 04/16/08 Class B Parkview Healthcare 04/15/08 Class AA Riverside County Cypress Gardens 06/10/08 Class AA San Diego County Edgemoor Geriatric Hosp. 06/26/08 Class A Cypress Gardens Rehabilitation 03/20/08 Class A Lemon Grove Care & Rehab. 07/16/08 Class B Villa Las Palmas 07/01/08 Class B Vista Healthcare 04/11/08 Class B Santa Barbara La Cumbre Senior Living 07/24/08 Class B & A Country Oaks Care Center 5/20/08 Class B
Class AA: The most serious violation, AA citations are issued when a resident death has occurred in such a way that it has been directly and officially attributed to the responsibility of the facility, and carry fines of $25, 000 to $100, 000.
Class A: Class A citations are issued when violations present imminent danger to patients or the substantial probability of death or serious harm, and carry fines from $2, 000 to $20, 000.
Class B: Class B citations carry fines from $100 to $1000 and are issued for violations which have a direct or immediate relationship to health, safety, or security, but do not qualify as A or AA citations.
San Diego Elder Law and Advocacy
Mon, 08 Sep 2008 10:56:51 -0800Elder Law and Advocacy in San Diego has been providing free legal services for seniors for 30 years, and was profiled in today's San Diego Union Tribune. Whether it's drawing up a will or a power of attorney, helping with a problem landlord, or answering questions about Medicare, Elder Law and Advocacy has assists several thousand San Diego County every year.
Walton Barber LLP has worked with Elder Law and Advocacy on cases involving nursing home abuse and neglect and can vouch for the organization's dedication to the plight of senior citizens.
Carolyn Reilly is the executive director of Elder Law and Advocacy, and says that the demand for free legal services for the elderly is rising - keeping her eight lawyers busy - while the funding for those services remains slim. Elder Law operates on a tight budget, with the vast majority of its income coming from grants and individual contributions. This is a worthy organization that deserves the public's support. It is well-known that a large part of our population is getting older, and organizations like Reilly's will only become in greater demand.
To contact Elder Law and Advocacy call (858) 565-1392 or visit its website by clicking here.
Nursing Home Transfer and Discharge Rights
Wed, 03 Sep 2008 13:57:16 -0800Nursing home residents have clearly defined rights when it comes to being transferred or discharged from a nursing facility, and may be evicted or moved under certain circumstances. Under California law, a nursing home may discharge or transfer a resident only if:
- the resident's health has improved and is no longer need of skilled nursing services;
- the resident's needs can no longer be met in the nursing home;
- the health of individuals would be endangered;
- the resident has failed, after reasonable notice, to pay; or
- the nursing home ceases to operate.
Any discharge or transfer must be supported by adequate documentation, and the records must contain accurate assessments of the resident's condition. In addition, before any transfer or discharge can be made, the facility must provide written notice to the resident and, if known, a family member.
Unfortunately, nursing homes will frequently try to discharge (or "dump") residents they view as undesirable, for whatever reason. Any person who believes that they or someone they know has been the victim of a wrongful discharge or transfer may file complaint with the California Department of Public Health (Click here for contact information).
Walton Barber LLP represents individuals who have suffered abuse or neglect in the nursing home and assisted living setting. Cases are accepted in San Diego County, Riverside County, Orange County, San Bernardino County, and Los Angeles County.
Resource Fair in San Marcos for Caregivers
Sat, 30 Aug 2008 08:46:13 -0800The City of San Marcos has partnered with Cal State San Marcos to put on the Because I Care resource fair. The fair will be held September 6, 2008 from 9:00 am to 3:00 pm at the San Marcos Senior Center located at 111 Richmar Ave., San Marcos, 92078.
The fair will hold 20 workshops on aging, family caregiving, and living healthy lives. Representatives from the Alzheimer’s Association, the Southern Caregivers Resource Center and the UCSD Shiley-Marcos Alzheimer’s Disease Research Center will be there.For more information, and the agenda for the day's events, click here.
Orange County Nursing Home Faces Second Elder Abuse Lawsuit
Fri, 22 Aug 2008 09:33:00 -0800A Laguna Hills nursing home faces its second lawsuit for elder abuse in three years for the neglect of one of its residents. In both cases the resident died.
Theresa Sperry died in July 2007 after a short stay a Villa Valencia skilled nursing facility. The lawsuit alleges that with two weeks of admission, Sperry developed pressure ulcers on both of her heels that were left untreated, and worsened to the point of spreading to her muscles and exposing bone. The complaint also alleges that Villa Valencia was not adequately staffed to care for its residents.
Pressure ulcers (also called decubitus ulcers or bed sores) are a big problem in nursing homes. Walton Barber LLP has represented numerous nursing home residents who have developed very serious ulcers while under nursing home care. Most sores are a result of a combination of factors: poor nutrition, immobility, and neglectful treatment.
The Orange County nursing home lawsuit seeks unspecified damages.
Incidents Of Elder Abuse To Increase With The Elder Population?
Wed, 20 Aug 2008 09:43:52 -0800Yesterday, the U.S. Census Bureau reported the number of citizens age 65 and older will more than double from their current number of 38.7 million to 88.5 million in 2050. The population of 85 and older is predicted to triple in number to 19 million from 5.4 million during the same period.
At the same time, the "working age" population, i.e. those aged 18 to 64 is expected to decrease to 57% of the popoluation from 63% currently. What this means is that there will be fewer people available to care for more elders. Will this cause an increase in nursing home abuse and/or neglect?
As any attorney who represents elders in elder abuse or elder neglect cases against nursing homes will tell you, the number one direct cause of elder abuse is a lack of staffing. Most elder abuse does not occur because the caregivers want to abuse/neglect their residents. It occurs because there aren't enough caregivers to perform all of the necessary tasks.
Mistreatment of Elderly Prevalent According to Study
Wed, 20 Aug 2008 09:08:10 -0800A University of Chicago study reveals that approximately 13 percent of elderly Americans experience some sort of mistreatment. The most common form of abuse was verbal, experienced by 9 percent of elderly Americans, then financial mistreatment, experienced by 3.5 percent, and then physical abuse, reported by .2 percent of the elderly.
“The population of the country is aging, and people now live with chronic diseases longer. So it’s important to understand, from a health perspective, how people are being treated as they age, ” said lead author Edward Laumann, the George Herbert Mead Distinguished Service Professor in Sociology at the University of Chicago.
The study revealed variations in the abuse, depending on age and ethnicity, and females were twice as likely to report verbal mistreatment.The complete study can be accessed here.
Elderly Patients Steered Away From Top Hospitals
Tue, 19 Aug 2008 08:22:17 -0800Despite having the same odds at recovery, elderly trauma patients are being steered away from top trauma hospitals while younger patients are getting the better care. A new study finds emergency medical personnel are systematically discriminating against seniors. The study examined 10 years of data from ambulance trips in the state of Maryland and found that nearly half of all patients over 65 were not sent to designated trauma centers for care compared to only 18% of younger trauma victims.
Here’s the video story:
Walton Barber LLP represents people who have been vicimized by elder abuse, elder neglect, mistreatment, and nursing malpractice. Cases are accepted in the counties of San Diego, Los Angeles, Orange, Riverside, San Bernardino, Ventura, and Imperial.
Residential Care Disaster Readiness Bill Moves Forward
Sat, 16 Aug 2008 07:23:39 -0800Residential care facilities for the elderly are a largely unregulated in California. Despite the fact that they house more than 100, 000 Californians, many with limited mobility, there is currently no requirement that they maintain disaster readiness plan other than a one-page disaster plan. That soon may change.
Last week the California State Senate voted to support a bill promoted by Assemblywoman Lois Wolk that would require care facilities for the elderly to prepare for emergencies such as natural disasters or power outages. Wolk's bill requires a comprehensive plan for emergencies that enables a facility to be totally self-reliant for at least 72 hours. It would also require that the disaster plan be available for viewing by residents and local fire and police.
The bill, labeled AB 749, will be heard by the appropriations committee before debate on the assembly floor.
Nursing Homes Forcing Out Frail and Sick Residents
Fri, 08 Aug 2008 16:20:19 -0800Elder abuse lawyers have all seen cases of residents being evicted from nursing homes, or refused readmission, for dubious reasons. We sometimes call it Medi-Cal prejudice; that is residents being refused admission to a nursing home for no other reasons than they are Medi-Cal recipients.
One former client of our firm called a nearby nursing home hoping to find a room for her mother, who was about to be discharged from the hospital. The first question from the nursing home was whether her mother was receiving Medi-Cal. Medicare, or private pay. When the daughter told the nursing facility her mother received Medi-Cal, she was promptly told there were no available beds, but that her mother could be put on a waiting list.
Being a nurse herself and believing there were available beds, the daughter called the same facility the following day to see if there was room for her mother. Using a different name, she again asked if there were available beds, and this time, after informing the nursing home her mother received Medicare, she was told there were several rooms available, and that the facility would be happy to provide a tour that afternoon. The Wall Street Journal reported this week that nursing homes across the country are refusing to admit, or are forcing out, frail and ill patients who are on Medicaid (“Medi-Cal” in California), because the facilities can make more money caring for residents on Medicare or private pay. Over the last decade, the number of complaints over the discharge practices of nursing homes has doubled, and the true number of force evictions is unknown, as it is believed most go unreported.
Preventing Elder Abuse in the Nursing Home
Tue, 05 Aug 2008 07:56:47 -0800We are frequently asked how nursing home neglect or abuse can be prevented. There is no magic answer, but there are things one can do to lessen the odds that a loved one will be subject to physical neglect, financial abuse, or suffer the decline in health caused by poor care. The California Advocates for Nursing Home Reform have published a guide for preventing abuse in long-term care facilities. How does one increase the odds there will be no abuse or neglect?
1. Be very supportive of the transfer to a nursing home. Under most circumstances, the initial entrance to a nursing facility will engender feelings of loss or abandonment. Visit frequently to help with the adjustment.
2. Make the most of visits. Visit frequently, and at different times. Also visit during meal time. This will give you a more complete picture of care and the performance of staff.
3. Get to know the staff. Building personal relationships with the caregivers can be an excellent way to ensure good care.
4. Participate in care planning meeting. No one knows your family member better than you. The care plan meeting will give you an opportunity to alter the course of treatment to meet the needs of your loved one.
5. Be an advocate! Do not be afraid to advocate for the rights of your loved one. All residents have basic rights (click here) and you need to fight for them without fear of retaliation.
Don’t try to do this all alone. Enlist other family members and friends to help, and communicate often. Most nursing homes can provide good care; it’s just a matter of making it happen.
The law firm of Walton Barber LLP is based in Southern California, and represents individuals impacted by neglect and abuse in the nursing home and residential care setting. Cases are accepted in all Southern California counties.
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