Novato Personal Injury Lawyer - Elder Abuse

Money Talks - Elder Abuse is not Always Physical

Clayton Kent — Mon, 17 Nov 2008 17:57:07 GMT

The less talked about side of elder abuse isn't related to physical abuse. Seniors can be an easy target for investors looking to pad their own bank accounts. Caregivers, utilizing their position of trust, can gain access to finances for their own personal gain. Dishonest acts like this are not a fallacy, but a stark reality for a number of North Bay residents. There is the ongoing saga with Gary Armitage and the now defunct AGA Financial, currently being investigated for fraud. A recent settlement that returned $2.1 million to an estate after uncovering a variety of financial schemes that transferred funds and property rights to caretakers.

Steps to Prevent Financial Elder Abuse

While there is no cure-all to stop financial abuse, there are steps that can be taken to help limit unnecessary risk to financial exploitation.

Document all financial arrangements. Get your instructions in writing - this will help protect you and limit future misunderstandings.
Understand Life-Long care agreements. Document the agreement and specify any compensation that will be paid to the caregiver.
Have someone review financial agreements. Have an attorney or financial consultant explain how changes in agreements will directly effect you.
Be cautious of joint bank accounts. Both parties are equal owners of the account and have equal access to funds. This can be an easy path for someone to access your money.
Understand any power of attorney agreement. Before assigning a power of attorney, make sure you understand the authority you are giving,and know the person you are giving the authority. If there is going to be any compensation, specify the amount in the agreement.
Ask for help. Financial matters can be confusing. Ask for clarification from trusted family sources, financial advisers, a social worker or other professional.
Stay connected to the community. Isolation increases the risk of becoming a victim of financial abuse. Find ways to participate within the community. The Sonoma County RSVP and San Francisco RSVP (Retired Senior Volunteer Programs) are great resources for volunteering opportunities.

These are just a few of the many steps you can take to protect yourself against financial abuse. While there is no magic formula to stop this type of exploitation, being educated and informed is the best defense to safeguard your assets.

For a more complete list of the above financial protection tips, please download the Project SAFE pamphlet.

For reporting suspected abuse, call California State Attorney General's toll-free hotline at: 1(888) 436-3600 or download the Adult Protective Services County Contact List.

Originally posted at InjuryBoard by Clayton Kent

Veterans Home to be Investigated Amidst Complaints of Elder Abuse

Clayton Kent — Tue, 04 Sep 2007 17:29:38 GMT

State Senator Pat Wiggins, D-Santa Rosa, has successfully called for an investigation of the California Veterans Home in Yountville as a result of a large number of complaints from residents and veteran residents of the facility. This investigation called for by the Senator is to focus on the medical care provided by the facility to the residents, including staffing issues. Many of the complaints include disabled veterans being left in their own urine and excrement for hours without any assistance, and a male resident dying after falling and breaking his femur and hip, which was not diagnosed for 10 days.

In response to the Senator's call for the investigation, the Deputy Administrator of the facility stated:

In a facility that's providing care for 1,060 veterans, and 360-some of those are in intermediate or skilled-nursing type of care, there are going to be some lapses in the service.

With respect to the staffing issues, the facility admits that they are short-handed.

If you don't have enough staff, then the veteran is going to have to wait - not that we want them to, and we try to make sure that they don't. Unfortunately, it happens. You can only work so fast and be in one place at one time.

Our veterans deserve better care. The facility's positions that "there are going to be some lapses" and "unfortunately, it happens," are not good enough for these mostly elder men and women who have served our country. I personally handled a matter against the Veterans Home in Yountville, where a resident who had been admitted to the hospital with a severe seizure disorder was allowed to merely walk out of his room at night, walk out of a door and onto a balcony, and fell 30 feet to his death. He was not discovered by the staff for several hours. Where was the staff then? It appears that this staffing issue has been around for many years, and, hopefully, Senator Wiggins will get the State Legislature to address this important issue.

For more information on this subject matter, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Clayton Kent

Many Pleasant Care Facilities Sell at Auction, Despite History of Nursing Home Violations

Laura Blatt — Fri, 20 Jul 2007 23:26:14 GMT

Twenty-one California nursing homes owned by the bankrupt Pleasant Care Corp. were sold at auction earlier this month, despite their history of violations and substandard care. The buyers included LifeHouse Retirement Properties, Bina Bhatia and HC Management.

"You won't see any cutbacks in care, although there might be changes made to improve efficiency," said the CEO of LifeHouse, Lou Andriotti, about the four Pleasant Care nursing homes that the company purchased (Press-Enterprise, July 11, 2007).

Unfortunately, it's difficult to find this statement reassuring, at least not for the elderly, frail residents who make Pleasant Care facilities their home. Avoiding "cutbacks in care" when care is substandard already may not be enough. We hope that we don't see an emphasis on the bottom line rather than on upgrading the deplorable conditions in these nursing homes.

As I mentioned in other columns, Pleasant Care facilities have a dismal record. Emmanuel Health Care in Norwalk was fined $80,000 because of the death of one of its residents due to poor care. Two residents died at Pleasant Care nursing homes in Ukiah and Novato, allegedly due to neglect and negligence. At Pleasant Care Convalescent of Petaluma, 76-year old Peggy Keel died of an oral infection that went untreated, resulting in a $100,000 fine for the facility, according to the Santa Rosa Press Democrat. Pleasant Care reached a $1.3 million settlement with the state last year, again based on charges of inadequate services and low quality care for its residents.

Originally posted at InjuryBoard by Laura Blatt

Pleasant Care Bankrupt After Numerous Nursing Home Violations and Fines

Laura Blatt — Fri, 29 Jun 2007 00:23:26 GMT

Last week, I wrote about Emmanuel Health Care, a California nursing home that was fined $80,000 in the death of one of its residents. Now, its parent corporation, Pleasant Care Corporation, is selling 30 California nursing homes, including Emmanuel, as part of a bankruptcy proceeding (Santa Cruz Sentinel, June 23, 2007). The auction will take place this coming Monday and Tuesday, July 2 and 3.

The standard of care at Pleasant Care is not pleasant, and the corporation is no stranger to fines and penalties. Two residents died at Pleasant Care nursing homes in Ukiah and Novato, allegedly due to neglect and negligence. Last year, Pleasant Care agreed to pay $1.3 million to settle a lawsuit with the state alleging that it provided inadequate services to its residents. It also owes $242,000 in back licensing fees to the state, according to the Press-Enterprise. And to make matters worse, three of its nursing homes lost their status to accept Medicare patients.

The big question is--what will happen to the residents in Pleasant Care facilities? Theoretically, residents must receive written notice 30 days before a nursing home closes. Also, the facility must submit a relocation plan for the residents to the California Department of Health Services. But one wonders how the quality-of-care issues will be addressed while the nursing homes are being sold and thereafter under new owners. If the facilities are not sold, what will ensure that residents are taken to decent facilities?

"It just make me angry that these poor people who live in these facilities have to put up with this," commented Pat McGinnis, executive director of a consumer group, California Advocatees for Nursing Home Reform. "I think it's disgusting. Pleasant Care has been in trouble with the state for years, and they think they can file bankruptcy and walk away" (Inland News, June 25, 2007).

Originally posted at InjuryBoard by Laura Blatt

Elder Abuse: Nursing Home Neglect Is a Widespread Problem

Laura Blatt — Thu, 28 Jun 2007 18:21:33 GMT

A nursing home is guilty of neglect when it fails to fulfill its duties to its residents. These obligations can range from providing special diets to taking a frail, elderly person to the toilet at appropriate times. Refusing to answer a resident's page or failing to call his or her doctor may also be neglect.

A bedridden nursing home resident should be repositioned at least every two hours to relieve body pressure. Without this care, the resident may develop inflamed, reddened skin or bedsores (also called pressure sores or decubitus ulcers). If a bedsore is not treated, skin tissue breaks down and a large wound is formed.

Bedsores are often signs that the nursing home is neglecting residents' nutritional and hygiene needs. Skin breakdown can occur when a resident becomes incontinent and urine and feces are not cleaned up promptly. Improper nutrition may also affect the skin, inhibiting healing.

Poor nutrition and dehydration may cause other health problems. You should be concerned if an elderly relative has lost a great deal of weight while in the nursing home.

Many nursing home violations and complaints are due to understaffing. Otherwise qualified nurses and health professionals may be unable to adequately care for residents, not because of lack of compassion or aptitude, but because they are overloaded and overwhelmed. Nevertheless, the nursing home management owes a legal and moral duty to residents and their families to hire enough employees and to provide proper care. The health of your loved one should not be compromised.

For more information on this subject, please refer to our section on Nursing Home and Elder Abuse.

Originally posted at InjuryBoard by Laura Blatt

Nursing Home Violations: California Nursing Home Fined for Death of Resident

Laura Blatt — Thu, 21 Jun 2007 17:51:59 GMT

Emmanuel Health Care Center, a nursing home in Norwalk, California, was fined $80,000 for its role in the death of a 54-year-old resident almost two years ago. The man had fallen and hurt his head, but the nursing home staff did not call his doctor until a full day had passed. At that time, he was transferred to a hospital, where he died from his injuries.

"If somebody died because of neglect, the state should be acting far more swiftly to ensure that the facility took corrective action and to send a message that this kind of treatment won't be tolerated," said Michael Connors of the consumer group California Advocate for Nursing Home Reform (LA Times, June 21, 2007).

Pleasant Care Corp. owns Emmanuel Health Care Center and 29 other nursing homes. This is not the first time that the Pleasant Care chain has had a death due to negligent care, according to the LA Times. In 2003, a resident died in a Ukiah nursing home and in 2004, another died at a Novato nursing home. Last year, Pleasant Care settled a $1.3 million lawsuit brought by the state Attorney General alleging that the chain was negligent in caring for its residents.

Pleasant Care has filed for bankruptcy. A California Department of Health Services representative told the LA Times that the agency is monitoring all Pleasant Care facilities during this process.

Meanwhile, the web site for Emmanuel Health Care Center proudly proclaims that the nursing home delivers "quality care with reasonable rates." It states that the facility's mission is " to promote a family like practice of nursing care, and to deliver quality of care through a compassionate and friendly staff."

For more information on this subject, please refer to our section on Nursing Home and Elder Abuse.

Originally posted at InjuryBoard by Laura Blatt

Bill Would Speed Up California Nursing Home Complaint Investigations

Laura Blatt — Mon, 18 Jun 2007 18:40:21 GMT

Many California consumer groups are supporting AB 399, a state bill that would require nursing home complaint investigations to be completed within 40 days, and ensure that those who file the complaints receive a written summary of the findings. The proposed legislation would also give the complainant 15 business days, rather than the current 5 business days, in which to request an informal conference after the investigation is completed.

Unfortunately, the California nursing home complaint system has been riddled with problems. Too often, there are lengthy delays in investigating and resolving complaints. AB 399 would help overcome these difficulties, according to its sponsors, California Advocated for Nursing Home Reform and Bet Tzedek.

The California Legislative web site contains a copy of AB 399 (see http://leginfo.ca.gov/bilinfo.html ). The bill has passed the Assembly, and received the approval of the Senate health committee and should now go before the full Senate for a vote.

Originally posted at InjuryBoard by Laura Blatt

Nursing Home Abuses: Oversight of California Nursing Homes

Laura Blatt — Tue, 05 Jun 2007 23:23:54 GMT

A recent state audit criticized the California Department of Health Services (DHS) for not doing an adequate job of overseeing the quality of nursing homes. Some DHS employees overlooked or underestimated nursing home violations, the audit said. Also, the timing of inspections was quite predictable, so it was too easy for a nursing home to prepare for the visit and hide deficiencies.

The DHS often did not complete nursing home complaint investigations on time, and failed to promptly report back to the families that filed the complaints, the audit report found. Almost 50% of investigations were not begun within the legal time limit and about 39% were not completed on time.

The audit report concluded that DHS staffing shortages were partly to blame for the problems. It suggested that the DHS lend staff to those district offices with less staff, and adjust salaries to make them more competitive. It also urged the DHS to provide better training so that data was more accurate, and to conduct inspections throughout the survey cycle to reduce predictability. And finally, the state auditor urged the DHS to rethink its time consuming policy of not providing investigation results to a family until the nursing home had submitted a correction plan.

Originally posted at InjuryBoard by Laura Blatt

Nursing Home Abuse: Finding Out About California Nursing Home Violations

Laura Blatt — Fri, 01 Jun 2007 18:51:19 GMT

When it comes to quality care for the elderly, California nursing homes have a mixed record. Some deliver good service, but too many have been cited for serious deficiencies. In 2005 alone, for example, the California Department of Health Services (DHS) received 21,388 complaints, and this may be an understatement of the problem.

Wouldn't it be helpful to know about a nursing home's history of complaints and violations before you entrust it with the care of your loved one? A new California bill, SB 535, seeks to help you with this mission.

SB 535 would require the California Department of Health Services to establish a web site by March 1, 2008, that would include information about each nursing home and other long-term care facility. It would provide details about complaints, state and federal inspection deficiencies, and enforcement actions, staffing compliance and whether the facility was certified to take Medicare or Medi-Cal patients. Other background information would include number of beds and whether there was a special unit for patients with Alzheimer's disease.
Sponsored by California Advocates for Nursing Home Reform, SB 535 has passed the Senate and it is now in the Assembly for consideration. Some other SB 535 supporters include the American Association of Retired Persons, the California Alliance for Consumer Protection, the California Alliance for Consumer Protection. the California Alliance for Retired Americans, the California State Association of Counties and the Consumer Attorneys of California.

Originally posted at InjuryBoard by Laura Blatt

Nursing Home Abuse: Nursing Homes with Repeated Violations

Laura Blatt — Fri, 01 Jun 2007 17:44:07 GMT

In 2006, one in five nursing homes received citations for violations that could seriously harm residents. This figure comes from recent studies by the GAO (Government Accountability Office), which has been tracking nursing home performance for the last decade and reporting back to Congress at least once a year.

Sadly, the GAO found that some nursing homes repeatedly violated federal and state laws about resident care and safety. One study of 63 nursing homes found that the facilities received minimal fines, made some corrections, and then went right back to providing poor care to residents.

Perhaps the owners consider the penalties and fines a mere cost of doing business. The GAO acknowledged that some improvements have been made in monitoring and correcting nursing home abuse, but concluded that the "task of ensuring high-quality nursing home care is still not complete."

We have seen various examples of nursing home problems, including neglect and physical abuse. Neglect can be failure to provide adequate food, shelter or medicine. It can be as simple as not providing adequate hygiene. Because of neglect, residents can develop severe bed sores and other medical problems.

If you believe that a loved one is not being cared for properly, you should consult with the nursing home staff . The facility should also have a procedure in place for filing complaints. A goverment-appointed ombudsman may also be helpful. The names and contact information for the ombudsman should be posted or available at the nursing home. In some serious situations, contacting Adult Protective Services and an attorney may be your best solution.

Originally posted at InjuryBoard by Laura Blatt