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Los Angeles Nursing Home Abuse Law Blog

Nursing Home 'Hospital Dumping' -- What You Need To Know About This Alarming Form Of Elder Abuse

Seniors in nursing homes deserve the highest level of care and stability. For that reason, the law imposes limits on how -- and when -- nursing homes can evict residents. It also grants seniors important bed hold rights when they're admitted to a hospital or ER.

Increasingly, however, nursing homes are skirting the law by refusing to readmit elders after a hospital or ER visit. This growing practice, called "hospital dumping," often results in a downward spiral, damaging the physical and emotional stability of already vulnerable elders.

How common is nursing home abuse?

Nursing home abuse: a human rights issue. When it comes to human rights, few people will disagree that elderly abuse of any kind violates one's individual rights as a human.

It may be surprising to learn that physical, financial or emotional abuse is imposed on 11 percent of elderly individuals each year. This was per a 2010 study, in which a former director of the Justice and Nursing Home Initiative said errs on the low side, probably missing a majority of the most vulnerable. A more recent study, made public in November, 2014, done by Cornell University, showed that one in five nursing home residents are abused, and usually within the first four weeks of their stay.

Elder abuse charges for 2 workers in California

Back in 2013, a California assisted living center was the focus of reports of elder abuse, as 14 people living at the center had been abandoned when they were sick and in need. The court case has now progressed, and the administrator of that facility and the facility's owner have been charged. Each will get 14 counts—one for each person involved—of elder abuse. The crime is a felony, and they may end up behind bars when they are sentenced.

The case is being heard in the Alameda County Superior Court.

When you must move a loved one into a nursing home

For Los Angeles residents, it can be a scary, stressful time when you finally make a decision to move Mom or Dad into a nursing home. It is not only scary for you but for your loved one. This will be their home.

With nursing home abuse and neglect at the front of your mind, there are some things you might want to have on your checklist when looking for the right nursing home. From the staff to the buildings, rooms, environment, food, activities and cost, there is a lot to consider. Making a checklist will help keep you from leaving out an important requirement.

Lawsuit alleges elder abuse at California nursing home

The daughter of a woman who died last year in a Clovis, California, nursing home has filed a wrongful death lawsuit in Fresno County Superior Court. The suit alleges that Willow Creek Nursing Home was negligent in the treatment of the 88-year-old woman during her two-week stay, leading to her death due to sepsis and cardiac arrest. In addition to making allegations of the failure to provide proper care, the suit alleges that the nursing home kept inaccurate and incomplete records of the woman's treatment.

The woman had lived independently at home using a walker but landed in a hospital emergency room after a fall. In addition to minor injuries from the fall, she was diagnosed with an infection, early-stage pneumonia and an irregular heartbeat. After her condition was stabilized with antibiotics and fluids, doctors recommended that she recuperate in a nursing home, where she could receive 24-hour care, with the ultimate goal of returning home.

Staff left residents after a California facility was shut down

Fourteen elderly people were abandoned in a nursing home that was ordered closed by the state following an investigation in 2013 involving complaints regarding inadequate employee background checks and training. Charges of felony elder abuse have been filed against the owner and administrator of the facility after they had reportedly left without making arrangements for the care and placement of the remaining residents. Officials stated that a few staff members opted to stay with the abandoned residents once the majority of staff left.

Paramedics were said to have discovered the residents a couple days after the accused had left. A note from the Department of Social Services was still on the door. Former employees attempted to manage the residents' care, which included several bed-ridden individuals. A cook indicated that he felt obligated to provide what care he could during the ordeal after having grown close to some of the residents.

Pursuing justice for elder abuse in California

If you suspect your loved one is a victim of elder abuse or has died at the hands of a negligent health care or hospital employee, our law firm may be able to help you hold the suspected liable party responsible for their actions so that justice can be served. Located in Southern California, The Law Office of Kevin P. Kane, Esq. has experience in fighting for the rights of the elderly.

Our firm has knowledge of the effects that nursing home negligence and elder abuse can cause on families. Families whose loved one has suffered poor treatment or death because of a negligent or careless employee should be fully compensated for their losses. We believe that our elderly, who are some of the most vulnerable and weak in our society, should be treated with utmost respect and care.

Ombudsman assists nursing home residents in receiving good care

Every state in the U.S., including California, maintains a fleet of inspectors whose job is to examine nursing homes for potential problems which may endanger resident safety. However, responding to a number of complaints that the inspectors were limited in what they could and left assisted-living facilities with too much autonomy concerning patient care, each state has selected an ombudsman whose job is to not only look at existing problems but also correct potential ones.

Unlike state inspectors, who seek out mechanical and potential health threats to residents such as improperly functioning smoke detectors or poorly stored food, ombudsmen are concerned with the quality of care the residents are receiving in nursing homes. If a resident comes from a specific regional background, the ombudsman may ensure the patient gets cuisine that is familiar and comforting. The ombudsman may ask a resident who is not present for an evaluation or a transfer meeting if he or she would like to participate in the meeting.

Unlawful Nursing Home Evictions ... A New Form Of Elder Abuse?

Losing your home is a distressing experience -- especially for seniors living in nursing homes. Increasingly, however, some nursing homes are skirting the law by refusing to readmit residents after a hospital or ER visit. These vulnerable elders are left without a bed or place to call home.

Our firm recently created a SlideShare presentation addressing this troubling problem. 

New rating system results in nursing home ratings drop

California residents may be interested to learn that the federal government recently changed the quality of care standards in place for nursing homes in the country. The changes, prompted by widespread consumer complaints that the old system was inflated and did not reflect actual nursing home care, resulted in many nursing homes falling in their ratings.

Before the increase on one of the three major criteria went into effect, almost 80 percent of nursing homes were rated as either four or five stars for quality. Following the change, nursing homes receiving only one stars increased by 28 percent, while the number of four- and five-star rated facilities dropped to 61 percent. Of all of the nursing homes affected by the change, only 341 nationwide increased their scores.

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The Law Office of
Kevin P. Kane, Esq.

5757 W. Century Blvd.
7th Floor
Los Angeles, CA 90045
Phone: 310-693-4731
Fax: 310-459-3214
Toll-Free: 877-826-1204

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