Nursing Home Abuse
Could Reform of Camera Laws Lead to Better Protection From California Nursing Home Abuse?
| February 17th, 2015
Nursing homes and long-term care facilities can be a wonderful living arrangement for the elderly who are no longer able to care for themselves. Unfortunately, not all patients at these facilities receive the care they deserve. In fact, the National Center on Elder Abuse estimates that approximately 1 in 3 elderly patients will become the victims of nursing home abuse this year. So what can be done to stop this problem? Many say installing cameras in patient rooms at nursing homes can create accountability for staff that may otherwise not be present, but California law currently prohibits this practice. According to an article from NBC San Diego News, California nursing home patients can be monitored in common areas, such as dining rooms or hallways, via surveillance cameras, but not in private areas like bedrooms or bathrooms. Many families and experts believe reform to these laws is needed in order to better protect the health and safety of patients. Opponents of the changes say allowing patients to be filmed in bedrooms would violate privacy laws. Whether or not these laws are changed, the California personal injury attorneys with Berg Injury Lawyers say there are several actions you can take to protect your loved ones from becoming the victims of nursing home abuse, including:- Visiting Often- Studies have shown patients with frequent and regular visitors are less likely to become victims of nursing home abuse.
- Asking Questions- If you have concerns about the care your loved one is receiving or don’t fully understand their treatment options, we encourage you to discuss these issues with your loved one’s caregivers.
- Reporting Any Suspected Issues- If you believe your loved one has been harmed by a caregiver or another patient, report the incident and evidence to the proper authorities immediately.
Could In-Home Care Options Put You at Risk of Nursing Home Abuse?
| January 5th, 2015
If there’s one thing that’s inevitable, it’s change. The face of the nursing home industry is certainly undergoing some restructuring here in California. The elderly are opting to stay in their homes and receive medical care from providers who do house calls rather than moving into established nursing home or long-term care facilities. While these changes have many benefits, they may be putting citizens at a risk of becoming a California nursing home abuse victim. Four times more Californians choose in-home care over residential facilities, but a lack of industry regulation and oversight can put these individuals at serious risk of harm. A recent article from KPCC discusses two cases of California nursing home abuse involving patients who were receiving in-home care. This leaves many Californians wondering what they can do to protect themselves and their loved ones from harm. The California personal injury lawyers with Berg Injury Lawyers suggest:- Screen Providers– Before deciding on a care provider, look at reviews and ask for opinions from current residents/patients and sources you trust. Once you’ve narrowed the list of potential candidates down, conduct interviews to determine the best provider for your needs.
- Be Present– One of the best ways to deter abuse is to make regular visits to the individual receiving care. Visitors should monitor the patient for signs of abuse or changes in behavior.
- Report Any Suspected Abuse– If you think a care provider is causing harm to a patient, be sure to report the incident and the individual to the proper authorities.
- Get an Attorney– A lawyer will be able to help explain what your legal rights are if your loved one has been harmed at the hands of a caregiver.
Ways You Can Prevent California Nursing Home Abuse and Neglect
| November 17th, 2014
When our loved ones are no longer able to care for themselves, we often turn to nursing homes or long-term care facilities as an option to ensure they receive the attention they need on a daily basis. Too often though, California nursing home abuse and neglect are reported at these facilities. Statistics from the National Center for Elder Abuse show as many as one-third of all elderly Americans will become victims of abuse this year. The problem is especially evident in our state, considering an article from the Fresno Bee exposed several of California’s largest nursing homes as having major compliance issues. Even more disturbing is the lack of industry transparency that would make the public aware of such issues. One of the major reasons these issues exist is because there is no agency enforcing the rules and regulations that are placed on nursing home facilities. This becomes even more complicated when companies create different entities and organizations to create a mask of red tape over their identity. So what can you do to ensure the health and safety of your loved one in a nursing home? The California personal injury attorneys with Berg Injury Lawyers suggest:- Be Present Often- Visiting your loved one on a routine basis will reduce the chances of them becoming a victim of abuse or neglect.
- Ask Plenty of Questions- Getting information about your loved one’s care from nurses, doctors, and management will help you assess if your loved one’s well-being is being protected.
- Be Aware of Injuries- Bruises, lacerations, or pressure ulcers—otherwise known as bedsores—are often clear indicators of problems in a patient’s care.
- Report Any Issues- If you find problems in your loved one’s care, never hesitate to contact the proper authorities to report the issue. This helps to ensure others don’t have to go through a similar situation.
How the Use of Antipsychotic Drugs is the Newest Form of Nursing Home Abuse
| July 28th, 2014
Antipsychotic medications can be extremely beneficial in the treatment of certain mental health disorders, but new reports are showing these medications may be misused in nursing homes across the country as a means to restrain and control patients. In fact, the University of California-San Francisco found that as many as 1-in-5 patients in the nation’s 15,500 nursing homes are receiving dangerous and unnecessary antipsychotic drugs. These findings leave many with loved ones in nursing homes wondering why this abuse of both patients and medications is occurring. An article from AARP News points to three specific factors, including:- Inadequate Training
- Understaffing
- Excessive marketing by drug manufacturers
Hospital Comparison Guide Creates Accountability in California’s Medical Industry
| May 19th, 2014
They say that word of mouth is the best advertising around. With the advancements in the Internet and technology abounding, it comes as no surprise then that online reviews are where people are turning today to make decisions regarding everything from the items they’ll purchase to the restaurants they’ll visit. So, what if you were able to find out about the quality of care a hospital is giving prior to making a decision about where you would like to receive a treatment? It seems as though you can by using the California hospital comparison guide provided by CalQualityCare.org. The site allows each facility to be graded and ranked based on different aspects of patient care including areas such as patient experience, patient safety, and re-hospitalizations after discharge. Users are able to filter search results based on the their location and the type of medical care they are seeking. Facilities can then be selected and saved so their results can be compared side-by-side. Experts say these rankings create a sense of accountability that can reduce mistakes and negligence, which can in turn result in fewer cases of malpractice, nursing home abuse, and even use of defective medical devices. Finding ways to improve medical care in California is a mission important to our Alameda personal injury lawyers here at Berg Injury Lawyers. That’s why our legal staff urges citizens to consider using reviews like the hospital comparison guide when determining where to receive medical treatment.Data Indicates Nursing Home Abuse Occurs Rampantly In California
| January 27th, 2014
The National Center on Elder Abuse states as many as one out of every 10 nursing home residents will become the victims of abuse this year. The organization adds that this number is likely underreported though. The California Nursing Home Abuse Lawyers with Berg Injury Lawyers state these statistics are supported by a report of rampant abuse at a California nursing facility. According to California Center for Health Reporting, employees at nursing facilities in San Diego County made as many as 80 errors in patient care in the past several years. The mistakes that were made include ignoring potentially deadly medical issues, administering the wrong medications or dosages, and neglecting those in the most desperate need for care. The findings leave many citizens with relatives and loved ones living in nursing homes wondering what they can do to protect those individuals from the dangers of abuse and neglect. Berg Injury Lawyers and their team of California Personal Injury Attorneys state being active in the care of your loved one is a great way to prevent abuse or neglect. This means visiting often and asking plenty of questions to caregivers. The firm goes on to explain that discussing your legal options with a qualified attorney may be a good idea if you have evidence of or suspect some type of patient abuse or neglect is occurring at a nursing facility.California Nursing Home Found In Violation of Patient Health and Safety Standards
| October 29th, 2013
October 28, 2013 Data from the National Center on Elder Abuse shows an estimated 30 percent of nursing home residents are the victims of abuse or neglect each year. However, the number could be significantly higher due to the number of cases that go unreported. The California Nursing Home Abuse Lawyers with Berg Injury Lawyers explain one Castro Valley, California, facility was recently shutdown due to allegations of abuse being committed at the facility. An article published by U-T San Diego explains an investigation into the facility was launched after inspectors discovered a patient had escaped the facility twice. Also, medical staff had failed to keep proper patient records, which led to medications not being properly dispensed to patients. The facility’s doors were closed; however, a total of 14 patients were left to fend for themselves at the site after the doors were shuttered. Paramedics were called to the scene last week after being contacted by a handful of staff members who had stayed to care for the patients despite not being paid. Investigators say the acts of neglect could lead to charges being filed against the owners and operators of the facility. Berg Injury Lawyer’s team of California Personal Injury Lawyers recognizes how difficult recovering from injuries caused by abuse and neglect can be and are here to help anyone who is the victim of nursing home abuse.Superior Court Finds Assisted Living Facility At Fault For Patient’s Death
| March 11th, 2013
March 11, 2013 One of the largest assisted living facility companies in the nation, Emeritus Corp, is responsible for the wrongful death and Nursing Home Abuse of an 82-year-old woman who died under the company’s care. According to the Insurance Journal, the court must now decide how much to award the plaintiffs in damages. The victim was admitted to the facility after she received a diagnosis of Alzheimer’s disease. Within months though, she had to be checked into a local hospital due to her deteriorating health. It was there that several bedsores developed on the woman’s body. The victim died several weeks later, from what the coroner determined to be complications from the bedsores. The woman’s family soon filed the lawsuit against the facility, claiming its policies regarding training and staffing were the direct cause of the woman’s death. The suit alleged the hospital often left patients unattended to for extended periods of time due to staffing shortages. Also, the staff members that were on-hand were often under-trained for the situations they were put in. The suit went on to claim the nursing facilities policies were only made to cut costs. The California Personal Injury Attorneys with Berg Injury Lawyers can acknowledge the frustration that accompanies the loss of a loved one due to another person’s negligence. That is why the firm is hopeful the decision in the case will bring a sense of closure to the tragedy for the family and friends of the victim.California Bills Could Improve The State’s Elderly Care
| September 10th, 2012
September 10, 2012 California legislation awaiting the governor’s approval could have a direct impact in northern California on the type of care seniors living in a nursing home or long-term care facility can receive. According to the Napa Valley Register, a decision on the legislation must be reached by September 30. Lawmakers have worked for nearly two years to complete AB40, which would not only bring state elder abuse laws up to par with the federal Elder Justice Act, but would also improve and require the communication between a person who suspects elder abuse to be occurring and law enforcement. AB 999 would benefit those living in nursing homes and assisted living facilities by preventing insurance companies from being allowed to hike rates in certain circumstances, while AB 1710 would help to protect residents of care facilities from California nursing home abuse by requiring more training for administrators and establishing a better check and balance system for patient care. The laws come at a time when local officials are working to improve elderly care in the area, as a recent Census Bureau report showed 15 percent of Napa County’s population is over the age of 65 and the number is continuing to grow. The California personal injury lawyers with Berg injury Lawyers are here to help you if you suspect that your loved one has been harmed while in the care of a nursing home or assisted living facility.
