California Elder Abuse Lawyer Blog

March 19, 2021

Chemical Restraints in Nursing Homes

Many nursing home residents depend on the assistance of staff to help administer their medication. This is a very important aspect of their lives because medication can be needed to help manage existing health conditions and to ensure that the residents can maintain healthy lives. However, there are times when nursing homes improperly use medication as a chemical restraint.

What is a Chemical Restraint?

Thankfully, most nursing homes would never consider using a physical restraint. However, many institutions do indeed use chemical restraints in the form of psychotropic drugs. These drugs can impact the resident’s thoughts, physical responses, and general behavior.

March 12, 2021

How Understaffing Affects Nursing Home Residents

By Walton Law, A.P.C.

One of the main reasons for placing your loved one into a nursing home may be that they need care and supervision they simply can’t get at home. However, this very important factor may be undermined by understaffing in nursing homes. Unfortunately, understaffing in nursing homes is a common problem throughout the country. Read on to learn about the understaffing problems in nursing homes and how the resident to staff ratio can impact the quality of care in these facilities.

Immobile Residents

Since many nursing home residents have mobility issues and have difficulty moving independently, they rely heavily on staff for help. For instance, understaffing can lead to occasions when the staff members are unable to turn the residents in bed enough times or to move them around to avoid muscle atrophy. Because they occur when an individual remains in the same position for too long a period, bedsores can also occur. Immobility can also lead to skin infections, and falls, which can result in even more serious injuries.

March 5, 2021

How Can Social Media Can Get You Fired?

By Walton Law, A.P.C.

No matter how you feel about social media it is here to stay. Many people turn to social media to communicate with others and to express their thoughts on every facet of their existence, including their professional lives.

For those who wonder whether you can get fired for your social media posts, this issue doesn’t just concern celebrities or those in the news; it has happened to many different people in various industries. The following are some examples of content that has resulted in the poster being fired:

Bankers used social media to pretend to be members of a terrorist group.

February 26, 2021

The Steps to Take After a Car Accident

By Walton Law, A.P.C.

Being involved in a vehicle accident can leave you shaken up and disoriented. However, you will want to remain calm and try to incorporate certain activities to your “to-do” list after you’ve been involved in a collision. Read on to learn what steps to take after a car accident.

Requirements in Case of Injury or Death

If you are involved in an accident where anyone was injured or killed, you should do the following:

February 19, 2021

Can I Sue for a Fall?

By Walton Law, A.P.C.

Thousands of people are seriously injured each year by falling on various unsafe surfaces. It could happen anywhere. You could slip on the wet floor in a grocery store, or trip on a raised sidewalk in front of the bank, or on a rough patch of ground near your local pharmacy. However, just because you slip, and fall doesn’t necessarily mean that you have a case to pursue.

Liability for Falls

If you’ve experienced a fall, you have to determine whether someone is liable for any damage that you’ve suffered. People who own, lease, or control property owe a duty to reasonably protect people from harm when they enter that property. In some cases, the property owners will be responsible, and other times they will not.

February 12, 2021

Wrongful Termination During Covid-19

By Walton Law, A.P.C.

Most employment is considered “at will.” This means that employees can be fired at any time without any warning and with no cause. However, there are times when your employer dismisses you that are illegal and are considered wrongful termination. The Covid-19 pandemic has highlighted some of these unlawful ways to get rid of employees. Here are categories for such examples:

Discrimination

An example of discrimination that occurs during the Coronavirus pandemic often involves persons with disabilities. You could be legally protected under the Americans with Disabilities Act (ADA) if you have a condition that makes it unsafe for you to go to work at your normal worksite because it makes you more vulnerable to getting Covid-19. If you requested an accommodation that would allow you to work remotely or in a way to minimize your risk rather than the worksite, but you were fired instead, that could be illegal. If your accommodation was reasonable (wouldn’t cause undue hardship or interfere with your ability to do your job), then you might have a claim for wrongful termination.

February 5, 2021

What You Should Know about Medication Errors in Nursing Homes

By Walton Law, A.P.C.

According to the FDA, medication errors account for over 1 million injuries annually. A nursing home medication error is defined as a preventable drug-related mistake that impacts a nursing home resident. If you or your loved one is in such a facility, then it’s important to learn more information about this topic.

Common Types of Medication Errors

The majority of nursing home residents use some kind of prescription medication, and there are a lot of ways things can go wrong when it comes to dispensing it. Here are some examples:

January 29, 2021

Everything You Need to Know about Choking Accidents in Nursing Homes

By Walton Law, A.P.C.

Older adults have a higher risk of choking. Some have documented medical conditions that put them at even higher risk. Because of this, nursing homes must take reasonable measures to help decrease the chance of it occurring, and be ready to respond quickly when it does. Read on to learn important information on how you can help ensure that your loved one is protected from choking accidents in their nursing home.

Higher Risk of Choking Among the Elderly

As we age, we are at a higher risk of choking due to the mouth and throat muscles beginning to weaken and lose their strength over time, making it more difficult to swallow food. Difficulty swallowing (dysphagia) affects all ages, but it’s more common in the elderly. Additionally, older people are more vulnerable to choking because the following situations are more likely to occur:

January 1, 2021

What You Should Know about Theft in Nursing Homes

By Walton Law, A.P.C.

It’s never an easy decision to place your loved one into a nursing home. And it certainly isn’t easy for an individual to make the transition from living at home to living in a new setting. However, in the sea of new faces and different furniture and walls, a few well-placed keep sakes can help an unfamiliar setting feel more like home. So, you decide to make sure that you’ve packed Mom’s favorite jewelry and picture frames when she moves into her new nursing home. Then you’re dismayed when you discover that her items have disappeared. Your mom’s things were taken from her room. Unfortunately, theft in nursing homes is a common problem. Read on to learn about information about nursing home theft and guidance on how to deal with this issue.

Common Types of Property that Go Missing in Nursing Homes

Obviously, any object can be taken from the nursing home. However, there are certain items that are more likely to be reported missing. They include the following:

December 25, 2020

Is it Time to Take my Loved One Out of a Nursing Home?

By Walton Law, A.P.C.

If you’ve made the difficult decision to place your loved one into a nursing home, then you have weighed the advantages and disadvantages, made financial considerations, while keeping in mind what’s best for your family member’s well-being. The same reasoning should be applied when contemplating whether they should remain in the nursing home you chose. With the Covid-19 pandemic happening, many children, spouses, and other relatives wonder whether they should bring their loved one home during these unprecedented times, especially if there are known cases at the facility. Before you take steps to make this move, there are several issues to think about. Here are four factors to consider.

The Nursing Home’s Response to the Covid-19 Crisis

How is the facility dealing with the coronavirus? Is the place understaffed? What procedures are being done to ensure the safety of the residents? Are there cases already there and what is the facility doing to isolate those who have the virus? Do the members of the staff use adequate PPE (personal protective equipment)? Focus on the testing practices for both the staff and the residents to help determine what to do. Also, think about the ratio of staff to residents.