California Nursing Home Abuse Lawyers Blog

As the nation's elderly population balloons, nursing homes across the country have seen a demographic shift in their residents. More Hispanic, black and Asian elders are moving into nursing homes while white residents choose other options.

Between 1999 and 2008, the number of elderly Hispanics living in U.S. nursing homes climbed by 54.9 percent while the number of Asians increased by 54.1 percent. The number of black residents rose 10.8 percent. During the same 10-year period, the number of white nursing home residents in the U.S. dropped by 10.2 percent.

In the Los Angeles/Long Beach region, the residency increases were also significant with a 56 percent increase in the Asian population and 41 percent rise among Hispanics. The increase for blacks was slight, only 1 percent.

California currently has more than 7,600 residential care facilities, up from about 5,500 a decade ago, she said. The average rate for those facilities, which generally offer more freedom and personal attention to residents, can cost $5,000 a month.

These demographic shifts in the composition of nursing home populations are taking place within a rapidly shifting long-term care landscape. There are currently 76 million baby boomers in the nation; the oldest of them will turn 65 years old in 2011. The Census Bureau projects by 2030, 20 percent of the U.S. population will be sixty-five or older. Today that figure is 13 percent.

The population of older racial and ethnic minorities is slated to grow particularly swiftly. The number of older Hispanics, for instance, is projected to jump from under 1.8 million in 2000 to over 8.6 million by 2030. The number of elderly Asians is expected to balloon from 0.8 million to 3.8 million.

At the same time, elderly people don't have the support at home or the social structures of previous generations. People don't live as close to their relatives as they did in the past. Couples are having fewer children and often both have to work outside the home and are unable to provide full time care to their elderly or ill parents.

These dramatic societal changes have prompted the government to alter certain policies and priorities. There has been a shift in support from nursing home care to favoring home-and community-based services, the study said, which cost significantly less than institutional care. A significant change was the passage of the Medicaid "waivers" authorized in 1981 in the Social Security Act. It allows recipients to use their Medicaid dollars to pay for personal care and other supportive services, enabling more beneficiaries to live at home or in a residential setting.

Older adults and those with disabilities prefer living independently at home or in community-based alternatives, according to a related study published in Health Affairs that examined what people want from long-term care. Assisted living allows people to have more freedom; a skilled nursing facility is more confined and has more supervision.

Assisted living has become quite popular and it's also very expensive, When it comes to economics, white folks are able to afford a different level of care."

Pressure Ulcer, Bed Sore and Decubitus Ulcer litigation is a growing concern for nursing homes. The incidence of a pressure ulcer alone is many times used as evidence of neglect on the part of a nursing home.

Pressure ulcers, Bed Sores and Decubitus Ulcers are a phenomenon, not a disease or even a discrete medical condition. Pressure ulcers - skin breakdown that occurs entirely as a result of exposure to a toxic combination of physical forces, such as pressure and shear - are more accurately described as an injury as used by the Institute of Medicine (IOM). Experienced clinicians know that this type of pressure ulcer is the exception rather than the rule. Instead, the incidence of pressure ulcers in nursing homes is more accurately described as an event, often associated with medically complicated residents who usually are frail and immobilized. Clinicians must continue efforts to understand pressure ulcers, learn which can be avoided, and find better ways to treat them. .

Nursing Homes and Long Term Care Facilities though must watch and take every necessary precaution to prevent Pressure Sores, Bed Sores and Decubitus Ulcers from developing many causing e-coli infections, leading to Sepsis and many times death.

Continue reading "Pressure Ulcer, Bed Sore and Decubitus Ulcer Litigation Is A Major Concern For Nursing Homes and Long Term Care Facilities" »

Decubitus ulcers are also known under the names of pressure sores or bedsores. A person ends up with pressure ulcers after suffering an injury to the skin and the underlying tissue. The injuries usually occur due to pressure on the skin which lasts for a long period of time. In a majority of pressure pressure ulcer cases, these injuries on the skin usually occur in places of the body where the skin covers the bony areas of the body. These places are heels, ankles, hips and especially buttocks.

Every person can end up suffering from decubitus ulcers also known as pressure sores and bed sores but many elderly and / or dependant adults have medical conditions which makes them unable to move a lot and change positions. These individuals dpendant on someone else to care for them are significantly more prone to developing Decubitus ulcers also known as pressure sores and bed sores.

Continue reading "Decubitus Ulcers also known as Pressure Sores and Bed Sores Occur Due to Unnecessary Pressure On the Skin" »

A pressure sore, or decubitus ulcer, is skin damage in the form of a wound resulting from continuous pressure. Usually these sores form over bony prominences, such as your elbows, heals, and sacrum. Elders are most susceptible, though any person who is unable to reposition his or her body is vulnerable to pressure sores.

Other factors that can contribute to compromised skin integrity are moisture, such as sweat or feces; traction, such as skin being stuck to the sheet and then pulled away; and ill-fitted adaptive equipment, such as a tight splint.

Pressure sores develop from reddened patches, when initial irritation begins. These areas sometimes become white when the blood supply is cut off from the skin tissue, also called ischemia. Lastly, the sore opens. Pressure sores can be extremely difficult to heal once they are open, which is why they should be addressed immediately upon discovery, regardless of what stage they are in. It is much easier to keep a pressure sore from developing than to heal one that has begun.

Continue reading "A Pressure Sore, Bed Sore or Decubitus Ulcer, Is Skin Damage in the Form of a Wound Resulting From Continuous Pressure" »

MRSA, short for Methicillin-Resistant Staphylococcus aureus, is a type of Staph infection that is resistant to common antibiotics. MRSA and Staph infections are a growing problem in both healthcare settings and the community. These contagious infections can be hard to treat, may worsen quickly and often lead to chronic recurring infections and can be deadly especially in the elderly and people that have bedsores, pressure ulcers also known as decubitus ulcers.Antibiotics are the standard medical treatment for Staph or MRSA infections. Unfortunately, antibiotics are often unsuccessful against MRSA and can cause many negative side effects. Frequent diagnosis errors, treatment delays and ineffective prevention measures can further complicate the healing and recovery process.

Continue reading "MRSA and Staph Infections Are a Growing Problem in Healthcare Settings " »

A West Virginia jury has awarded slightly more than $90 million to the family of an elderly nursing home resident who died due to the nursing home's negligence.

The woman was dehydrated, unable to feed herself, and described by the family's nursing home abuse lawyer as in a "comatose" condition--all this after only being in the nursing home for three weeks.The woman was able to talk and walk with a walker before entering the facility.

The woman, who suffered from Alzheimer's disease, was taken to a hospital due to her very poor health and died almost immediately.

The $90 million was awarded for economic and punitive damages, but is subject to reduction by the trial court and could be also be appealed.

One of the most pervasive and dangerous forms of nursing home abuse is that of neglect. Malnutrition, dehydration, and bedsores, to name a few, are some of the dangerous consequences of nursing home staff failing to meet the basic physical needs of nursing home residents.

Continue reading "$90 Million Verdict For Nursing Home Abuse and Neglect" »

Senator Juan Vargas' Senate Bill 718 was signed into law on Friday, September 30, 2011. The new law, effective January 1, 2012, will authorize counties across the State of California to offer a confidential internet system for reporting instances of elder abuse.

"This bill provides an important tool to ensuring the safety of our seniors," said Nick Macchione, Director of the County of San Diego Health and Human Services Agency. "By providing our mandated reporters, such as law enforcement and financial institutions, the ability to submit prompt and complete reports online, SB 718 will enable our staff to quickly address situations that put our most vulnerable residents in danger."

Currently, mandated reporters, such as licensed health practitioners, must report instances of elder abuse in a timely manner. Due to the high volume of callers and a recent decrease in personnel due to budget cuts, there can be a lengthy wait before a call is answered on the county's main elder abuse reporting phone line which handles calls from mandated reporters and the general public. In November 2010, it was determined that 27 percent of callers hung up rather than waiting on the line to report abuses, leaving seniors and dependent adults at further risk of abuse.

The secure internet system would require that mandated reporters provide the same information as required in writing or over the phone. This service would be made available at no additional cost to the State of California.

"Today, we scored a victory in protecting seniors from elder abuse! Establishing a confidential internet reporting system is a common-sense step to protect seniors and dependent adults," stated Senator Juan Vargas (D-San Diego). "This effective reporting system will ensure that our seniors' voices are heard and abuses are not overlooked."

Continue reading "Governor Signs Elder Abuse Reporting Bill into Law " »

Pressure ulcers, also known as decubitus ulcers, bedsores, or pressure sores, range in
severity from reddening of the skin to severe craters with exposed muscle or bone.
Pressure ulcers significantly threaten the well being of patients with limited mobility.
Approximately 70 percent of ulcers occur in individuals older than 65 years, but younger
patients with neurologic impairment or severe illness are also susceptible
says California Elder Abuse Lawyer Steven Peck.
Prevalence rates range from 4.7 to 32.1 percent in hospital settings and from 8.5 to 22 percent in nursing homes. Pressure ulcers are caused by unrelieved pressure applied with greatforce over a short period of time or less force over a longer period that disrupts bloodsupply to the capillary network, depriving tissues of oxygen and nutrients. The most common sites for pressure ulcers are the sacrum, heels, ischial tuberosities, greatertrochanters, and lateral malleoli.

Tissues are capable of withstanding enormous pressures when brief in duration, but
prolonged exposure to pressures slightly above capillary filling pressure leads to
ischemia and ulceration. According to the National Pressure Ulcer Advisory Panel,pressure sores typically develop in four stages:

• Stage I: Intact skin with non-blanchable redness of a localized area usually over
a bony prominence. Darkly pigmented skin may not have visible blanching; its
color may differ from the surrounding area.
• Stage II: Partial thickness loss of dermis presenting as a shallow open ulcer with
a red pink wound bed, without slough. May also present as an intact or
open/ruptured serum-filled blister.
• Stage III: Full thickness tissue loss. Subcutaneous fat may be visible but bone,
tendon or muscle are not exposed. Slough may be present but does not obscure
the depth of tissue loss. May include undermining and tunneling.
• Stage IV: Full thickness tissue loss with exposed bone, tendon or muscle.
Slough or eschar may be present on some parts of the wound bed. Often include
undermining and tunneling.

Continue reading "Seventy Percent of Pressure Ulcers, also known as Decubitus Ulcers, Pressure Sores or Bed Sores Occur In Elders and Dependant Adults" »