Jump to Navigation

Los Angeles Nursing Home Abuse Law Blog

California man seeks financial compensation for neglect

A lawsuit initiated last month claims that a Hayward, California, man suffered life-threatening injuries due to nursing home neglect. According to the suit, the nursing facility neglected its patient and proceeded to inform his insurance provider by way of a fraudulent letter that the man had refused treatment. As a result of the letter, the insurer dropped the man's coverage.

The patient was first admitted to the nursing facility in September 2015 while he was rehabilitating and receiving physical therapy after fracturing his leg in a fall. He was suffering from nerve damage and diabetes at the time he was admitted to the facility. The lawsuit alleges that the nursing facility withheld the medical care the man required. Furthermore, lawyers claim that the nursing facility harassed the man to pay money it did not have the right to receive. Among the many claims being brought against the nursing facility are negligence, financial abuse, negligent hiring and supervision and elder abuse.

Some nursing home injuries are more common than others

There are injuries that can occur to a nursing home resident. Some of these injuries are more common than others. Nursing home residents and their loved ones should be aware of some of the common injuries that can occur. There are three injuries that top the charts for the most common that occur in a nursing home. If a resident suffers harm from any of these issues, seeking compensation based on negligence might be a possible option.

The third most common type of injury in nursing homes is medication errors. Nursing home residents are likely to require medications. If those medications aren't dosed properly, the residents can suffer harm. Overdosing residents can lead to serious health issues, but so can underdosing. Giving residents the proper dosage of medications at the proper times is crucial for the resident's health.

What is the National Committee for the Prevention of Elder Abuse?

The National Committee for the Prevention of Elder Abuse was founded in 1988 to help the nation establish a clearer definition of elder abuse and to provide leadership and direction toward the prevention of it. The committee was designed as a national clearinghouse of information and other materials that are helpful in the prevention of adult neglect and abuse. The organization is made up of practitioners, researchers, educators and elder rights advocates whose purpose is protecting the security, dignity and safety of America's elderly adult population.

According to the NCPEA, the organization has six primary goals. First, the organization aims to strengthen the prevention and intervention capabilities related to adult and elder abuse. Second, it supports and conducts research on the topic of neglect and elder abuse. Third, it has the goal of educating the public regarding elder abuse and neglect. Fourth, it promotes the dissemination of information about elder abuse and prevention to elder abuse advocates. Fifth, it develops training and educational programs for individuals who work with disabled and elderly adults. Sixth, it advocates for legal action to respond to the needs of elder abuse victims, to support each elderly adults right to self-determination, and to prevent adult abuse before it happens.

Everyone must be cognizant of elder abuse

Elder abuse is a big problem throughout the United States. One issue that makes it so hard to control is that elderly people aren't likely to self report instances of abuse. That means that it's up to those who come into contact with the elderly to be observant and pay close attention for the signs of abuse.

We know that spotting elder abuse can be difficult, but focusing on the elderly residents can often provide clues. Even if you are a nurse at the facility, your duty is to the residents. This means that if you see anyone, even a coworker, abusing a resident, you must report the issue in an appropriate manner. Oftentimes, there is an employee handbook to spell out how these cases are being

Sad stories come to light in California nursing home case

One of the biggest nursing homes in Stockton, California, Wagner Heights Nursing and Rehabilitation Center, has received some bad reviews from patients and their associated family members. One woman, who said that her 57-year-old son stayed at the facility after recovering from a car accident, said that it was a "hell hole."

The 82-year-old mother said that while her son was staying at the facility, he fell from his bed and no one came to assist him. According to the woman, a nurse claimed that they did not believe her son because they had found him in a chair when they finally reported to his room. However, the mother said that her son, who is suffering from brain damage, is not mentally able to fabricate a lie like that.

Subtle clues can signal emotional abuse in a nursing home

Spending time with a loved one in a nursing home is time that you will likely cherish for the rest of your life. Even though many visits to nursing home residents are nothing more than social calls, they are also a good opportunity to make sure that the nursing home staff members are taking good care of your loved one. We want you to know that your intuition can make it possible for you to notice signs of emotional abuse that might go unnoticed to an observer who doesn't know your loved one.

If you noticed that your loved one was covered in bruises, would you start asking questions about how those bruises happened? Most likely, that is exactly what you would do. The issue with emotional abuse is that there might not be any overly obvious signs that something is wrong. That makes it difficult to spot emotional abuse unless you are familiar with your loved one's mannerisms and habits.

What does the Adult Protective Services agency do?

Elderly individuals in California are some of the most at risk for becoming the victims of abuse. For this reason, every county in our state has a special agency charged with protecting California residents over the age of 64. In each county, this agency is referred to by the acronym APS, which stands for Adult Protective Services. In addition to people over the age of 64, APS agencies also protect people with disabilities aged 18 to 64. These agencies seek to stop exploitation, neglect and abuse whenever it is brought to their attention.

When a report of abuse or neglect is made to a county's APS agency regarding an adult, investigators will look into the matter closely to verify that abuse or neglect is actually taking place -- in the same way that Child Protective Service agencies do. In addition to investigating instances of abuse, APS staff members also work diligently to offer valuable information to the public about Elder and Dependent Adult Abuse Reporting laws and they refer individuals to other government agencies as needed.

Learn about the markers for a suitable nursing home

Choosing a nursing home is one of the biggest decisions that a future nursing home resident will have to make. There are several different things that must be considered when you are trying to make that choice. While using these considerations will help you make a suitable choice, they still aren't a foolproof method for choosing a nursing home. If you happen to be the victim of nursing home abuse or neglect, you can take action to make the abuse or neglect stop.

Using your senses is one of the best thing you can do when you are going through a nursing home you are considering. If the nursing home doesn't smell clean and pleasant, that might be a red flag. Of course, you should make sure that you take into consideration the fact that some residents might suffer from incontinence and others might be gassy. That might mean that you get a quick smell of something unpleasant, but that should be addressed quickly if there is an issue.

Is California's nursing home population getting younger?

One might think that with all the advanced medical technology and life extension methods being used by our nation's doctors that people would be able to stay independent for longer. However, research shows that in California the nursing home population is not only getting larger, it is also getting younger.

A detailed report on the 1,250 nursing homes in California shows that nursing home populations increased by 40 percent from 1994 to 2014. This growth is understandable considering that the vast baby-boomer generation is growing older, and therefore the elderly population is growing larger. However, what is more concerning is the fact that a full 20 percent of these residents are under the age of 65. In fact, the number of nursing home residents over the age of 65 has decreased by 11 percent.

Be observant to stop physical abuse in its tracks

Nursing home residents are valued members of our society. The contributions that many of these residents have made to society are great. Sadly, as these residents age, people around them might begin to view them as bothers instead of assets. When that happens, the person might begin to mistreat the residents. If you have a loved one who is experiencing nursing home abuse, we can help you put an end to that abuse.

One of the horrible ways that nursing home residents are sometimes abused is physically. If your loved one has unexplained bruises, cuts, bumps or other marks, you might need to consider nursing home abuse as the cause.

Contact Our Firm

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Visit Our Elder Law Website Subscribe To RSS Feed

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

Email | Map & Directions