California Elder Abuse Lawyer Blog

December 3, 2021

What Happens When Nursing Home Residents Abuse Other Residents?

If your parent or loved one lives in a nursing home, you need to check in with them to make sure that they are being treated well by the staff. Unfortunately, residents can be subject to abuse and neglect by the very caregivers that are hired to help them. Other times, these caregivers aren’t committing the abuse themselves, but aren’t adequately protecting them from other resident abusers. This raises the question of how nursing home caregivers are responsible when other parties abuse the residents.

While much attention is concentrated on the nursing home staff abusing residents, there are also instances of the residents suffering abuse at the hands of other residents. According to a 2014 study at Cornell University, one in every five nursing home residents had been impacted by a form of resident-on-resident mistreatment during a four-week span. The mistreatment mostly consisted of verbal abuse, but there were also instances of physical and sexual abuse as well.

What Contributes to Resident-on-Resident Abuse?

November 26, 2021

How to Communicate with Nursing Home Residents with Dementia and Alzheimer’s

By Walton Law, A.P.C.

Communication is key to any relationship. It is no different when it’s the relationship between nursing home residents and their caregivers. When you place your parent, spouse, or other loved one into a nursing home, you send them there with the expectation that they are in good hands. It is the responsibility of the staff to ensure that their needs are met. A big part of that has to do with talking to the resident; good communication will help put them at ease. This is true for all nursing home residents, but it’s especially critical for those with dementia and Alzheimer’s disease.

Nursing home staffers who interact with residents who have cognitive impairments should have special training in dealing with patients with these types of medical issues. This includes special knowledge of communication techniques because the residents function better with someone who can comprehend their mental limitations. Read on for helpful communication tips that you can use. You can also use this as a guide to watch nursing home staff and whether they are adequately communicating with your loved one.

Communication Tips for Caregivers in Nursing Homes

October 29, 2021

What Should You Know about Security in Nursing Homes?

By Walton Law, A.P.C.

If you’re trying to choose a nursing home for your parent or other loved one, don’t forget to think about security considerations. Even if they are already a nursing home resident, you should keep an eye out for possible safety issues.

What Can Happen with a Lack of Security in Nursing Homes?

Being secure in one’s living environment is important for everyone, but living in a nursing home comes with specific challenges. When security measures aren’t properly addressed, it can have dangerous consequences for nursing home residents.

October 22, 2021

What to Do if You Have an Accident with Your Rental Car

By Walton Law, A.P.C.

Even with Labor Day in the rear view mirror and children returning back to school, it doesn’t mean that everyone is content to remain at home. Since the pandemic kept much of our wanderlust at bay, there’s still an urge amongst many to hit the road even past the summer months. Combined with more business re-openings, more people will also take to the skies for business travel, which often means renting a car. Although using a rental car is convenient, it does come with its fair share of risks. Read on to learn about tips for protecting yourself if you rent a car and what to do if you are in a rental car accident.

Personal Insurance Policies and Rental Cars

If you’re worried about your rental, look to your personal insurance coverage; make sure that it covers rental car accidents. Many insurance policies often cover the driver and not just the vehicle, so, your personal insurance may protect you in the event of a collision. It is best to verify this prior to your trip.

October 15, 2021

Top 5 Wage and Hour Violations that Employers Commit Against Employees

By Walton Law, A.P.C.

Even in the most pleasant working environment, there are things that we don’t like about our workplace. When you’re on the job and your employer does things that don’t seem right, keep in mind that their actions might not only be unfair, but that they may also be against the law. For instance, wage theft occurs when your employer denies you the wages and benefits that they are supposed to give to you. This is a general category of wrongdoing by employers, but there are specific elements that you want to watch out for. You want to be able to recognize when your rights are being violated. Read on to learn about top five wage and hour violations that employers commit against employees.

Work without pay: Everyone should be paid for the work that they do. However, employers don’t always fulfill this obligation. Not being paid at all is the most blatant form of wage theft. This can occur when there is no pay at all or more likely when you’re not being paid for certain wages. For example, if you’re a non-exempt employee, you’re eligible for overtime pay if your employer requests that you work more than 40 hours in a week. If you work these extra hours but aren’t given the extra pay or are asked to work “off the books,” then you would likely be entitled to receive compensation. Other examples are when employers don’t pay employees for travel time from site to site or not paying an employee’s final paycheck.

Failure to make timely payments or not paying the right amount: You’re supposed to receive your pay on the agreed upon time and for the agreed upon amount. If your employer doesn’t deliver your paycheck on time or if the amount is less than your hourly rate for the hours you worked, it is a violation. This includes overtime on commissions and regular wages.

October 8, 2021

Why Do People Get Infections in Nursing Homes?

By Walton Law, A.P.C.

Placing a loved one in a nursing home can feel like a great solution. You don’t have to worry about them being home alone where they can’t do things for themselves. However, there are many issues to worry about when they do make the transition to a nursing home. One of the unfortunate things that accompanies these living conditions is the high risk of infection. Read on to learn about why this is such a hazardous environment and what nursing homes should be doing to prevent infections.

Risk Factors for Infections in Nursing Homes

There are various reasons why nursing home residents are likely to get infections, including the following:

September 24, 2021

Women are More Likely to Experience Nursing Home Abuse

By Walton Law, A.P.C.

Nursing home abuse takes place when caregivers harm residents of the facilities. Whether it’s intentional or unintentional, it’s still considered abuse and the consequences can be dire, with the end result of distress, physical pain, medical injuries, or even death in extreme cases. Certain groups are more vulnerable than others when it comes to abuse; like many other types of abuse, victims of nursing home abuse are more likely to be women.

Women are More Likely to be Elder Abuse Victims

For elder abuse in general, studies have shown that individual-level factors which may increase the risk of abuse include the gender of the victim. Women likely have a higher risk of more constant and severe forms of injury and abuse.

September 17, 2021

Factors to Consider When Selecting a Nursing Home

By Walton Law, A.P.C.

A nursing home helps to provide a living situation for adults who have difficulty living on their own. Elderly adults can get assistance with meals, housekeeping, medical care, activities, and transportation, among other services. The first step is deciding that it’s time to consider placing your loved one into a nursing home. The next step is you to decide as a family the best place to make their new home. In no particular order, here are the main factors to think to help with your selection of a nursing home.

Location

One of the first things that you should consider when deciding on a nursing home is the location. For instance, it might be a deal breaker if a facility is not located close enough to where family members live. Another key element location is the proximity to hospitals and medical centers because this can be very important to a resident’s health. Additionally, the location may come into play due to the laws that can affect their residency. You should also pay attention the layout of the facility and whether it’s appropriate for your loved one’s specific needs, like mobility issues.

September 10, 2021

How Social Media Can Hurt Your Personal Injury Claim?

By Walton Law, A.P.C.

Silence is golden. Or at least it probably should be when it comes to social media and personal injury claims. It may start out innocently. You were involved in a serious car accident and suffered severe injuries. You make some social media posts because your friends and family are worried about you, and you want to ease their concerns. Social media is increasingly becoming more of our mode of communication. However, relying so much on social media can cause harm to your personal injury claim if you aren’t careful because much of the information obtained is fair game. As soon as you were involved in your accident or event, you want to make sure that you don’t jeopardize your upcoming case or current one.

Confidentiality

You shouldn’t talk about your potential claim or your case and certainly should not disclose certain details with anyone except an attorney. With your lawyer, the things that you talk about are confidential, and protected under the attorney client privilege. However, you lose that privilege the moment that you post something online; it is now public information. The general public, including the other side, can now be privy to the following:

September 3, 2021

Can I Sue for Hostile Work Environment if I Work from Home?

By Walton Law, A.P.C.

A work from home (WFH) schedule offers many benefits to employees. You’re spending less money and aren’t stressing out from a long commute and can go to work without ever leaving the comfort and convenience of your home. But at the same time, this more laid-back atmosphere may lead to situations that are ripe for illegal harassment. Even without being physically at the worksite, you’re still subject to some of the same challenges that you can encounter in the physical workplace.

A remote setting can’t negate a hostile work environment although it may change the number of claims arising in the workplace and the way that the harassment occurs. It’s very early to say how the increase in WFH workers will impact instances of hostile workplaces. However, when there isn’t a centralized worksite, people are less connected and fell less accountable for their conduct. It’s possible to be a victim of a hostile work environment even as a WFH employee, and it’s possible to sue your employer if you have a valid claim.

What is Considered a Hostile Work Environment?