California Elder Abuse Lawyer Blog

February 19, 2021

Can I Sue for a Fall?

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.

December 18, 2020

How to Deal with Workplace Retaliation

By Walton Law, A.P.C.

Although it may be difficult to do, employees have the right to say something when they believe that their employer has violated the law. If the employee has been harassed or mistreated, they should be able to voice their concerns about the employer’s wrongdoing without it impacting them negatively, such as a reduction in hours or outright firing. Fortunately, there are federal and state laws in place to protect workers from retaliation.

Definition of Workplace Retaliation

Employment retaliation occurs after an employee files a formal complaint about the workplace involving discrimination and/or harassment. The employer or company leader then takes negative action against the employee.

December 10, 2020

Steps to Take After You’ve Been Bitten by a Dog

By Walton Law, A.P.C.

Being bitten by a dog can be a traumatic event. In the moment, you may be so shocked that you don’t know what to do. However, you should try to stay calm and follow these steps that can protect you, and help you later if you decide to seek compensation for your injuries from the dog’s owner. Read on to learn about key steps to take after you’ve become a dog bite victim.

What to Do After a Dog Bite:

Obtain Immediate Medical Assistance: You should immediately get medical assistance right after the bite occurs. There are a lot of medical risks that are tied to animal bites. If you delay being treated right away, it could lead to a serious infection.

November 20, 2020

Sexual Abuse in California Nursing Homes – What You Need to Know

By Walton Law, A.P.C.

Skilled Nursing facilities are places for seniors and others who don’t need hospitalization, but can no longer care for themselves at home. Unfortunately, the place that is supposed to be a safe haven is just the opposite when the residents are subjected to abuse. Compared to other forms, sexual abuse in nursing homes doesn’t occur as often, but it appears to be increasing. According to the Administration for Community Living, there have been over 20,000 complaints of sexual abuse in nursing homes over the past 20 years. This equates to be about three people being sexually abused at a nursing home every day.

Because there’s no national database, it’s difficult to know how extensive this problem really is. Given the stigma associated with sexual abuse and the illnesses such as dementia that many patients suffer, many cases go unreported. The Covid-19 panic has only made things worse due to social distancing that has made it more difficult to detect signs of abuse.

Definition of Sexual Abuse

November 13, 2020

California Lactation Breaks and Remote Work

By Walton Law, A.P.C.

Long before the pandemic hit, nursing mothers had to balance taking care of their child’s nutritional needs while maintaining their work schedule. The rise of remote work has helped in this goal.

Your Rights at the Workplace Apply Remotely

The recent shift to working from home has made it easier to have a place to breast feed and pump, but that doesn’t mean that anything has changed when it comes to your rights regarding lactation breaks. Whether you’re working from home or working onsite, you’re entitled to break times. Generally, all of the rights that you have as an employee in the office are retained when you’re working remotely.