According to the World Health Organization, dementia is one of the major causes of disability and dependency among older people. Dementia, which is a syndrome in which there is a deterioration in memory, behavior and thinking, causes many who suffer from it to lose the ability to perform their regular activities.

Elders are stricken with dementia far more than any other age group. In many cases, dementia is the reason an elder moves into a nursing home. Dementia is also often to blame for what is known as “elopement” or in layman’s terms, wandering. Elders with dementia may develop wandering tendencies, wherein due to cognitive impairment, they begin to wander around their nursing home unsupervised and without an escort.

wandering-300x169Wandering may lead to serious injury as the result of falling. In some cases wandering has even led to death, in cases where residents have wandered outside of their residential facility. Though rare, wandering is dangerous enough that lawmakers included provisions to protect against it in the 1987 Nursing Home Reform Act. The law required that nursing homes must provide residents with adequate supervision in effort to prevent elderly patients from wandering. That means of course, that nursing homes must be properly staffed.

If you believe that an elder has been the victim of any form of elder abuse, including neglect, while in the care of a California nursing home, your first responsibility is to report your suspicions. It is also advisable that you also speak with an experienced California nursing home abuse attorney. At Walton Law, APC, we offer free consultations, where we will discuss your claim with you, answer all of your questions, and prepare preliminary action to take, to determine whether or not filing a lawsuit is in your best interest.

If we decide to pursue a claim on your behalf, rest assured, there is no out of pocket expense to you. We work on what is known as a contingency basis. This means that Walton Law, APC defers fees and payments until we have successfully resolved your case. This contingency basis enables those who would otherwise shy away from pursuing a valid claim (for fear that it will be too expensive to receive justice). There is simply no out of pocket expense, no monthly fee, nor hidden charges to Walton Law, APC clients until we have reached a resolution for you.

contingencyContingency fees and costs are based on a percentage of the verdict or settlement received when all is said and done. That means that if we do not win your case, we do not collect money from you. At Walton Law, APC, we are honored to provide our services to you on a contingency fee, so that you are not priced out of the legal system.

psychological-elder-abuse-300x225-300x225Psychological abuse of elders may also be called emotional elder abuse. The terms are often interchangeable and denote the intentional infliction of mental and/or emotional anguish. Psychological abuse may come in the forms of threats, humiliation and even nonverbal conduct by caregivers.

Unfortunately far too many elders in nursing homes in California become victims of psychological abuse at the hands of those charged to care for them. Thankfully, in order to combat this epidemic, organizations such as the National Committee for the Prevention of Elder Abuse (NCPEA) work tirelessly to prevent of abuse and neglect of older persons and adults with disabilities.

The NCPEA is an association of researchers, practitioners, educators, and advocates dedicated to protecting the safety, security, and dignity of America’s most vulnerable citizens. It was established in 1988 to achieve a clearer understanding of abuse and provide direction and leadership to prevent it. The Committee is one of three partners that make up the National Center on Elder Abuse, designed to serve as the nation’s clearinghouse on information and materials on abuse and neglect.

senior_financial_troubles-300x200Identity theft continues to arise as a harsh reality for millions of Americans each year. In fact, according to the Justice Department, more than 11 million Americans fall victim to some form of identity theft/fraud each year. That accounts for more than $20 billion in lost money, with the average injury to victims at more than $4,000.

Elders may be at an increased risk of becoming victims of identity theft because according to information provided by the FTC, “Senior citizens are particularly vulnerable to this crime because their personal information may be easily accessible by numerous individuals.”

Unfortunately for elders, particularly those in nursing homes, this does ring true. Personal and sensitive information may be attained by those with bad intentions. Therefore, it is important that elders and their loved ones keep a close eye on personal information, including social security numbers, driver’s licenses and credit cards. These identifying numbers and accounts can be accessed easily, and drain an elder of savings in some cases. In others debt in an elder’s name may be accrued.

In our last post, we suggested tips for confirming that a potential skilled nursing facility or residential nursing home has the appropriate staff to address the needs of elders with dementia. To recap, dementia is a syndrome in which there is deterioration in memory, behavior and thinking. This causes many who suffer from dementia to lose the ability to perform their regular activities. The most common form of dementia is Alzheimer’s disease, though there are multiple types of dementia.

Elders suffering from dementia need special care when they move into a long term care facility such as a California nursing home. If you are considering helping to move a loved one with dementia into a nursing home, there are specific questions you will want to ask about the services provided for your loved one.

Questions should include:

According to the World Health Organization, dementia is one of the major causes of disability and dependency among older people. Dementia, which is a syndrome in which there is a deterioration in memory, behavior and thinking, causes many who suffer from it to lose the ability to perform their regular activities.

Elders are stricken with dementia far more than any other age group. In many cases, dementia can lead to an elder moving into a longterm care residence, such as a nursing home. If you or someone you know is considering placing an elder suffering from dementia in the care of a nursing facility in California, there are certain questions you’ll want to ask of the facility.

In this post, we will specifically talk about what to look for in terms of the staff of a skilled nursing facility or nursing home. In a subsequent article, we’ll talk about other facility services you’ll want to inquire about.

elder-abuse-crop-600x338-300x169Unfortunately, there are far too many opportunists in the world, and the one thing they all share in common is that they are looking for the simplest way to get what they want. As a result, many con-artists specifically target the elderly, knowing that they are often some of the most vulnerable members of society. One way that elders are subjected to financial abuse is through fraudulent phone sales.

It has been estimated that Americans are bilked out of tens of billions of dollars each year via phony phone scams. Of those who lose money due to fake sales over the phone, more than half are over the age of 50, according to AARP. In order to ensure that you, or a loved elder does not fall prey to phone scams, keep the following in mind:

*Do NOT give anyone your credit card information or other sensitive information (social security number, date of birth, or bank account numbers) over the phone.

Elder-Abuse-dreamstime_m_28140354-300x200Elder abuse has been called an epidemic and is viewed by many as a national crisis, for good reason. As many as five million elders in the United States are abused, neglected, or exploited each year and 90% of these cases are perpetrated by family members or trusted advisors. The National Center of Elder Abuse has said that only one of every 14 cases of elder abuse is reported, while others put the number as high as one out of every 23 cases. Criminal elder abuse describes the willful infliction of physical or emotional suffering on an elder. Civil elder abuse includes any physical or financial abuse, neglect or abandonment resulting in physical or mental harm.

If you’re like me, those statistics are simply staggering, and we cannot continue to ignore this problem. But, how can we work to stop elder abuse? Well, there are actually a number of ways you can help in the fight to end elder abuse. Here are three ways you can help today:

1. Let your legislators know that you are an advocate for nursing home reform legislation. This would involve sitting down and simply stating your position to your elected official in writing. It is their job to represent the voice of his/her constituents. You can find your legislators here. Let them know that you find the statistics alarming, and that you support measures to help reform the nursing home industry to prevent additional abuse to elders.

Elder abuse in any form is strictly prohibited by California law. In addition to physical abuse and neglect, medication errors in nursing homes are considered a form of elder abuse. Unfortunately, due to insufficient staffing in many long-term nursing facilities, errors in the type and amount of medications administered to residents occur with alarming frequency. While in many cases there may be no detrimental side effects to an elder who is given the incorrect medication, or the wrong dosage; in many other cases, the error can prove fatal.

For example, if two patients’ medications are mixed up, and incorrectly administered, the outcome can be disastrous. A diabetic who is mistakenly given a fellow patients’ heart medication may not under normal circumstances have a negative reaction. However, if that heart medication happens interacts with other medications he or she is taking, or causes side effects that the patient can’t sustain; the mistake can result in death.

Other medications must be taken consistently in order for them to be effective. Therefore, missing a dose of the proper medication can have devastating consequences on the elder who has missed their dosage. Other medication errors that may occur in nursing homes include:

For many families the decision to help a loved one move into a long-term care facility is difficult. With elder abuse cases on the rise, it is understandable if you have concerns about a particular nursing home that you’re considering for yourself or your loved one.

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Although the decision may be necessary, you’ll obviously want to ensure that you’ve selected the most reputable facility available. To help you in the process of searching for the perfect long-term care facility for your loved ones, here is a list of helpful questions to ask of the facility’s administrators and staff.

*What is the staff to resident ratio?