California Nursing Home Abuse Lawyers Blog

The abuse was so prevelant but the defense, the insurance company, and the lawyers representing the insurer caused the plaintiff to spend over $ 200,000.00 prosecuting a case for Nursing Home Abuse and Neglect says California Nursing Home Abuse and Neglect Lawyer Steven Peck.

The victim was supposed to receive physical therapy after a fall caused a broken leg and an operation to fix the broken leg then what was supposed to be a short stay in a California Nursing Home for rehabilitation. Unfortunately, for Ms. Jones, she ended up with horribly infected fourth degree bed sores also known as presssure sores and decubitus ulcers, extremely dehydrated and malnourished, and with the worse leg contractures that my office has ever personally seen. The Nursing home records were complete with glaring omissions in care, including failure to turn causing the beds sores, pressure sores, and decubitus ulcers and lapses in the physical therapy that was supposed to be performed everyday which was the main reason she was admitted into the skilled nursing facility.

Ms. Jones was in such pain from her bedsores and contractures that the facility decided it was too much work to see her screaming out loud so the facility chose to medicate Ms. Jones with Ativan everyday to get her to sleep so they would not have to deal with her continued pleas and crying out loud for help.

Ms. Jones died a horrid death which death was caused by feces infected bedsores leading to sepsis and septic shock and death.

Continue reading "Nursing Homes Glaring Omissions In Care Caused Elder To Suffer Horrific Pain and Suffering and Death" »

Blumenthal, Whitehouse, Franken, Casey Introduce Elder Protection and Abuse Prevention Act

(Washington, DC) - Senator Richard Blumenthal (D-CT), Senator Al Franken (D-MN), Senator Sheldon Whitehouse (D-RI), and Senator Robert Casey (D-PA) introduced the Elder Protection and Abuse Prevention Act, a bill to implement a comprehensive network of elder abuse prevention and response measures says California Nursing Home Abuse and Neglect Lawyer Steven Peck.

"A spreading epidemic of seniors who are abused or exploited by family or caregivers must be stopped," said Blumenthal. "Rigorous screening and reporting to detect and deter abuse, physical or financial, is necessary to help remedy seniors who may be too fearful or embarrassed to report it themselves. This measure would require tough national standards for screening and reporting so wrongdoers can be stopped and prosecuted. There is no excuse for one in ten seniors continuing to suffer the physical injury, emotional anguish and anxiety, and financial hardship, costing upwards of $3 billion every year."

"Our nation's seniors deserve the peace of mind of knowing that they are protected from physical and emotional abuse and financial exploitation," said Whitehouse. "I am proud to be an original cosponsor of this bill, which would strengthen and improve State programs to better prevent and address elder abuse."

"Across the country, far too many seniors are being abused or exploited by the very people who should be looking after their wellbeing," said Sen. Franken. "This bill will address the tragedy of elder abuse - which is far too prevalent in Minnesota and across the country - by providing resources to protect seniors from abuse and help those who have already been abused."

"We must bring this largely silent epidemic of elder abuse to an end", said Senator Casey. "We have an obligation to protect our parents and neighbors who have helped build our Nation. This bill is an important step in the right direction in stopping the abuse and neglect of our older citizens."

While child abuse and domestic violence screenings are well-integrated into the nation's health and community services network, elder abuse screening requirements are noticeably absent in federally-supported senior services. The Elder Protection and Abuse Prevention Act seeks to fill that void by encouraging the development of a strong network of elder abuse screening and support programs to identify instances of elder abuse and stop them before they happen. In some states, strong mandatory reporting laws and penalties exist for crimes against seniors, but they are ineffective without screening and reporting standards in every part of our community.

Specifically, the bill would:

Toughen federal standards for abuse - toughens the federal definitions for elder abuse, neglect and exploitation, streamlining the definitions for elder abuse between the Elder Justice Act and the Older Americans Act (OAA). The Act also defines Adult Protective Services (APS) in the Older Americans Act, the only victim services resource for adults with the authority to act on reports of abuse. The bill defines financial exploitation for the first time in federal statue, and adds victims or alleged victims of abuse and exploitation to a list of conditions eligible for priority for social services under the Older Americans Act.

Improved Coordination of all Elder Justice Activities - requires that the appropriate training and prevention and provision of elder justice throughout the OAA Programs are routinely updated as necessary and sees to the full integration of elder justice activities with all social services programs under the Act.

Authorization of the National Adult Protective Services Resource Center - codifies the National Adult Protective Resources Center in the Administration on Aging, and expand both its guidance and responsibilities to states.

Requires the development of best elder abuse screening practices - directs the National Adult Protective Resources Center to support states in the development of best practices to incorporate elder abuse screening into health and wellness services and would require the research center to study and disseminate this information to states regularly.

State prevention, assessment, and response to elder abuse - incorporates elder abuse prevention training, screening, and reporting protocol into all senior service access points that receive federal dollars under this bill as part of their state and area plans on aging

Improvement of training for elder justice activities -incorporates the research and replication of successful models of elder abuse, neglect, and exploitation prevention and training into the Older Individuals' Protection from Violence Projects and strengthens Elder Justice sensitivity training requirements.

In 2009, there were 6 million instances of elder abuse reported nationwide, and only 23.5% of cases are reported due to a lack of screening, awareness, and prevention efforts. It is estimated that seniors lose a minimum of $2.9 billion each year to financial abuse and exploitation and victims experience a mortality rate of three times higher than those who are not victims of elder abuse.

Continue reading "Senators Introduce Elder Protection and Abuse Prevention Act to Curb and Prevent Elder Abuse in the United States" »

Charlene Harrington, a professor emerita at the University of California at San Francisco, has studied the nursing home industry for 30 years. Last year, she examined the nation's 10 largest for-profit chains and found up to five layers of ownership.

"You can't tell who owns'' many nursing homes, Harrington says. "It's like tracking a problem mortgage when you don't know who owns the bank.''

Even the federal government can't figure it out. Medicare and Medicaid pay most of the nation's nursing home bills and require homes to disclose their ownership structures. But when the General Accounting Office looked at six big chains in 2010, the information those chains had provided Washington gave no indication of which affiliated companies controlled what.

People who put their mother in a nursing home have no idea that decisions on staff and supplies are not being made by the administrator or a local owner says California Nursing Home Abuse and Neglect Lawyer Steven Peck. Medical decisions are governed many times solely by monetary concerns by corporate entities and their individual ownership.

It's all about the amount of money the Nursing Home Operators can make versus the care the are supposed to give as is mandated by Federal Law and State Laws which regulate these facilities.

Continue reading "Nursing Home Abuse and Neglect Responsibility is a Sophisticated Network Of Behind the Scene Business Dealings" »

According to official figures more than 75,000 people died in hospitals in 2010 after having experienced neglect and poor care from hospital staff.

Most if not all were affected by bedsores and infected wounds, others died after becoming dehydrated and malnourished says Nursing Home Abuse and Neglect Lawyer Steven Peck. The death toll from bedsores and wound infections has risen substantially in the last 10 years.

The figures are shocking because bedsores are fully preventable in the majority of cases. When a patient spends longer periods in bed, they need to regularly turn and shift their body position to avoid excessive pressure on tissues. However, when patients are not able to move on their own it is the hospital staff's responsibility to check for tissue damage and to turn patients.

Even though not all fatalities were directly caused by infected wounds and bedsores, the fact that they affected such a huge number of patients suggests very poor level of care says Peck.

Bedsores, Pressure Sores and Decubitus Ulcers are frequently listed on death certificates many other elders also die of blood poisoning, Sepsis, primarily caused by wound infections. Malnutrition and Dehydration are other major signs of nursing home abuse and neglect.

Continue reading "Bed Sores, Malnutrition and Dehydration Are Common Signs of Nursing Home Abuse and Neglect" »

A former employee of the Central Coast Nursing Center pleaded guilty last week to neglecting a dependent adult under circumstances likely to produce great bodily harm.

Brian Watt, who was 29 years old at the time of his arrest in September 2011, had worked as a certified nursing assistant at the center. He was already serving a two year prison term, however, when he was arrested, related to a charge in Ventura of a sexual relationship with an underage female.

He had to register as a sex offender for life related to that offense, Senior Deputy District Attorney Mary Barron said.

Watt - who is still serving out his prison term - will be sentenced next month to three years of probation, Barron said. He had originally been charged with a lewd act on a dependent adult, felony sexual battery on an institutionalized victim, and misdemeanor abuse of a dependent adult abuse.

Watt will not be able to work as a caretaker for the elderly while he is on probation, and his record will come up during required background checks should he apply to work at another facility, Barron said. "It was in the best interest of our case and our victim to settle," she said. "It was a fair resolution."

Watt was one of two men who worked at the nursing center arrested by authorities last year. The other, Hugo Rendon, is scheduled to be in on February 7, 2012.

Continue reading "Nursing Home Abuse and Neglect Will Be Criminally Prosecuted" »