Articles Posted in Assisted Living Facilities

Yes, you can sue a group home for neglect in California. If your family member lives in a group home and is being harmed through poor care, ignored medical needs, or unsafe conditions, California law gives families a path to hold that facility accountable. The protections that apply are broad and were written specifically for adults in care settings like group homes.

What counts as a group home under California law?

A group home is a residential facility where adults live together and receive care and supervision. In California, these facilities go by different names depending on who they serve and what license they hold. You may hear terms like residential care facility, board and care home, adult residential facility, or community care facility.

Yes. In California, adults with developmental disabilities can qualify as dependent adults under the same law that protects elderly people from abuse and neglect. You do not have to be over 65. If your adult family member has a condition that limits their ability to care for themselves, they may have the same legal protections as any nursing home resident — and the same rights if those protections are violated.

What exactly is a dependent adult under California law?

A dependent adult is generally any person between the ages of 18 and 64 who has a physical and/or mental limitation that restricts their ability to carry out normal activities or to protect their own rights. That definition is broad on purpose. It covers people with physical disabilities, cognitive impairments, serious mental illness, and developmental disabilities. Age alone is not the deciding factor — the level of limitation is.

The clearest warning sign of nursing home abuse or neglect is a sudden, unexplained change in your loved one — physically, emotionally, or financially. Injuries no one can account for, rapid weight loss, a person who has gone quiet, money moving in ways that make no sense. Any one of these is worth asking about.

Most families do not walk in and see abuse happening. They notice something small that does not add up, dismiss it, and then notice it again. This is a guide on what signs to look for and what to do next if you suspect abuse or neglect.

What are the most common physical warning signs?

If your loved one resides in a nursing home or assisted living facility, it is important to be on the lookout for signs of abuse and neglect.  Sadly, instances of abuse and neglect are not uncommon, and many elderly residents, especially those who suffer from cognitive issues such as dementia, are often unable to protect or speak up for themselves.  Unusual depression, confusion, isolation, and withdrawal, as well as unexplained bruises and injuries, and poorly-kept hygiene, are all major signs that an elderly resident may be the victim of neglect.

If you believe your loved one has actually experienced such abuse or neglect, it is also important to speak with a knowledgeable elder abuse attorney as soon as possible.  Some facilities have gone to great lengths to attempt to conceal any and all evidence of abuse, therefore it is in your best interests to contact an attorney to help you navigate your legal options sooner rather than later.

Here are five significant reasons why you may consider hiring a skilled elder abuse attorney to help you with a potential case:

On February 28, 2022, the White House announced new reform measures to better the quality of care and the safety of skilled nursing facility residents, as well as to “crack down on bad actors” operating nursing homes.   In his State of the Union address, President Biden called on the Centers for Medicare & Medicaid Services (CMS) to set and maintain higher standards for “sufficient staffing” of nursing homes.  CMS is now conducting research to determine the minimum level and type of staffing requirements needed and plans to propose rule changes to existing regulations within the year.  The effect of these policy changes is that skilled nursing facilities may face having federal funding pulled should they refuse to comply with these minimum safety standards.

California long-term care facilities are subject to a number of regulations governing the type, number, and training of staff at facilities caring for elderly adults.  For example, under federal law, a skilled nursing facility “must have sufficient nursing staff to provide nursing and related services to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident, as determined by resident assessments and individual plans of care.”  (42 C.F.R. § 483.30.)  Similarly, under California law, a skilled nursing facility “shall employ an adequate number of qualified personnel to carry out all of the functions of the facility” (Health & Safety Code § 1599.1(a).)

It is well established that understaffing in nursing homes and assisted living facilities directly lead to substandard care.  Understaffing contributes to and can cause avoidable illness, injury, and death, and is positively correlated with elder abuse and neglect.  However, there is often a conscious decision by managers, directors, and administrators to understaff their facilities, with explicit knowledge that understaffing will negatively impact the overall quality of care provided to residents.  (See, e.g., California Watch, Nursing Homes Received Millions while Cutting Staff, Wages (July 29, 2011).)

Admitting yourself or a loved one to a nursing home or residential care facility can be a daunting process. You are often required to sign dozens of forms, and it may be difficult to understand exactly what you are signing when you are in one of the most hectic and stressful situations in your life.

Recently, more and more nursing homes and care facilities are slipping arbitration agreements into the stack of paperwork for you to sign upon admission. Although they may tell you that these agreements are “voluntary,” people often feel pressured to sign to make sure that they or their loved ones make it into the facility for necessary care without hassle, even though you may not completely understand the effects of signing a document filled with legal jargon. It is important that you refrain from signing these agreements and to get in touch with a Los Angeles elder abuse attorney if you need help.

What Are Arbitration Agreements?

Arbitration agreements are drafted by the nursing home’s lawyers with language that favors themselves. When you sign an arbitration agreement, you are signing away your constitutional right to bring a dispute, including an elder abuse and neglect claim, to be heard in court in front of a judge and a jury of your peers. Instead, you are agreeing to bring the dispute to an arbitrator, who is a private, independent person appointed to settle the matter.

Nursing homes and care facilities will tell you that arbitration is cheaper, faster, and more efficient than bringing a potential claim to a court of law. This is simply false, and an elder abuse attorney in Los Angeles may help if you are faced with signing, or have already signed, an arbitration agreement. Continue Reading

Falls are the most common injuries among the elderly. Nursing home residents are twice as likely to experience falls than non-residents, and falls have been linked to nearly 2,000 resident deaths per year. The elderly are also more prone to injury because of a high chance of having osteoporosis, which makes their bones very fragile, takes longer for them to heal, and makes them more vulnerable to infections.

Many falls are not reported by nursing homes or care facilities. Even though residents are, on average, older and more vulnerable than non-residents, most of these falls should be able to be prevented. It is important to know the causes of falls and how to prevent a fall injuring you or a loved one. Get in touch with a Los Angeles elder abuse lawyer if you or a loved one has fallen at a facility.

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Pressure ulcers are severe and sometimes life-threatening medical conditions that affect a high number of patients and residents living in nursing homes and assisted living facilities. Several studies show that as high as one-in-five patients and residents of these facilities have experienced signs of a pressure ulcer at some point in their admission.

Pressure ulcers are a form of elder abuse and neglect and are often caused by nursing home staff failing to care for the basic needs of a patient or resident. These injuries do not happen instantaneously. It is important to understand how to prevent pressure ulcers to ensure that you or your loved one is receiving the best medical care possible. Contact a Los Angeles nursing home lawyer if you believe that your loved one has been a victim of this type of neglect.

What Are Pressure Ulcers?

Pressure ulcers, which are also referred to as pressure sores or bed sores, are skin and tissue injuries caused by persistent pressure or friction to certain areas of the body. The most common areas for pressure ulcers are the back, buttocks, elbows, hips, heels, and ankles. Patients and residents with limited mobility, especially people in wheelchairs or who are bed-bound, have a greater risk for pressure ulcers than others because they typically spend long periods of time in one position.

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The consequences of lack of communication between hospitals and skilled nursing facilities (SNFs) are not new knowledge. According to a 2013 study, in the U.S. alone, more than 5 million patients transition from hospital to SNFs yearly. These transitions heavily rely on the thorough communication of healthcare professionals and paraprofessionals to ensure adequate care for patients. However, hospitals and local SNFs typically operate as separate entities causing a myriad of miscommunication. Communication issues that may happen between the facilities include incomplete, contradicting and/or mismatching verbal and written care plans. These problems may cause SNF staff to delay—or never deliver—proper care for patients, resulting in potentially fatal consequences. For example, noting the wrong medication can cause a stroke patient to relapse into another stroke and an avoidable hospital readmission. While many factors can be used as scapegoats to explain these mistakes, these problems are not new, and as professionals in the field, SNFs should establish better communication and points of accountability before accepting a patient to ensure the dignity and quality of care of patients. A recent study published by the Journal of the American Geriatrics Society by multiple medical doctors have indicated that a significant number of hospital readmissions from SNFs were likely preventable.

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As our population ages, there has been an increase in the number of elderly patients that undergo neurosurgical interventions. This increase is accompanied by aging risk factors, such as frailty, that increase the risk of complications post-surgery. A recent study undertook the task of surveying how recent falls affected patients who underwent a neurosurgical operation, focusing on a patient’s outcome relative to their fall history in the six months prior to their surgery.

The study’s overall findings were that patients with at least one fall six months prior to a neurosurgical procedure, had an increased risk of complications following their discharge. It specifically focused on the number of those discharged to a facility post-surgery, re-admittance rate, and the rate of complications. 18 % of those studied were discharged to a long term care facility after the operation, 17% were readmitted within thirty days, and 28% also had a complication arise within thirty days of their discharge date.

The results of this study give reasons to include fall history in preoperative risk assessments prior to any neurosurgery. While the frailty of an elderly patient is already considered in these assessments, it is important to include patients fall history since there reason to believe that these falls affect patients’ recovery. Neurosurgical procedures  As shown in the study there is a higher risk of complications that arise when a patient has suffered a fall.

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