Articles Posted in Elder Abuse

shutterstock_680112613-300x163Elder abuse typically refers to the knowing, intentional, or negligent act by a custodial care provider, caregiver, or any other person that causes harm to a vulnerable adult. In California, anyone aged 65 and older is protected by the Elder Abuse and Dependent Adult Civil Protection Act. The laws are designed to help prevent neglect and abuse to California seniors. Neglect falls within the definition of elder abuse, and unfortunately may have dire consequences to the victim.

In broadest terms, neglect is a type of elder abuse wherein a caregiver fails to provide the elder with basic needs including water, food, shelter, heat/air-conditioning, personal hygiene products and medical assistance. Failure to adequately move or reposition a bedridden elder, for example constitutes neglect, just as failing to keep elders properly nourished and hydrated constitutes neglect.

Neglect is particularly dangerous for elders, as it can lead to life-threatening consequences. Such consequences of neglect include:

shutterstock_16983095711-300x200Unfortunately, nursing home abuse occurs more often than you might think. While many forms of abuse leave physical marks (like a scratch or bruise), some forms of abuse leave invisible scars, which are no less harmful than physical abuse. Besides financial and emotional abuse, this is also the case of medication errors, which occur when someone makes a mistake in prescribing, dispensing, and giving medications.

Examples of Medication Errors in Nursing Homes

While medication errors exist in many settings, our concern here is for the instances in nursing homes. Here are just a few specific ways that medication errors occur in these facilities:

https://www.californiaelderabuselawyer-blog.com/wp-content/uploads/sites/132/2022/02/Screen-Shot-2022-02-16-at-1.57.43-PM-300x198.pngDeciding to place your parent or loved one into a nursing home requires a lot of thought and preparation. After that decision, one major area of concern is adjusting from living at home to living in a nursing home. Make sure that the nursing home staff is not only aware of these transitions but that they are well-equipped to help residents manage these changes.

Higher than Expected Expenses

In preparing to make a transition to nursing home life, you have to anticipate the difference in the cost of living. Generally, it’s less expensive to live at home than at the facility. This is something that must be taken into consideration. Although some expenses are covered by private insurance providers, such as Medicare, the monthly charges can add up quickly.

https://www.californiaelderabuselawyer-blog.com/wp-content/uploads/sites/132/2022/02/Screen-Shot-2022-02-23-at-3.08.42-PM-300x198.pngElder abuse typically refers to the knowing, intentional, or negligent act by a custodial care provider, caregiver, or any other person that causes harm to a vulnerable adult. In California, anyone aged 65 and older is protected by the Elder Abuse and Dependent Adult Civil Protection Act. The laws are designed to help prevent neglect and abuse of California seniors. Unfortunately, these laws alone are not always enough to protect our elders while they are in a long-term care facility such as a California nursing home.

Elder abuse in California can take many forms including physical abuse, sexual abuse, financial abuse, neglect, and a form of abuse known as chemical restraint (over-drugging). These forms of abuse may result in pain, suffering, and even the death of elders. That’s why it is so important to talk with a nursing home abuse attorney if you believe that an elder is being abused or neglected while in a California nursing home.

Nursing home abuse cases in California may be very complex. However, this should not deter you from speaking with a California elder abuse attorney who specializes in nursing home abuse cases. All consultations at Walton Law, APC are free of charge. During that time, we will sit down with you and discuss your concerns, your suspicions, and your fears regarding filing a lawsuit against a California nursing home. We will answer any and all of your questions in regards to nursing home abuse in California.

https://www.californiaelderabuselawyer-blog.com/wp-content/uploads/sites/132/2022/02/Screen-Shot-2022-02-23-at-3.08.42-PM-300x198.pngUnfortunately, elder abuse is a common problem for many elderly adults. It can manifest in many forms, including abandonment. It can happen at home or in a facility. Read on to learn about abandonment in nursing homes.

 
What is Considered Abandonment in a Nursing Home?

Abandonment in general refers to when someone deserts another person or leaves them in a specific place. Specifically, abandonment in a nursing home occurs when a nursing home fails to give the resident the required care that they are obligated to provide.

Falls and Nursing Home Residents

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Falls are a common reason for patients to go into a nursing home. People often treat falls as an inevitable part of the aging process; however, this is an exaggeration. Yes, falls can accompany elderly adults, but sometimes they can be prevented. It’s important to understand the dangers associated with falls, the factors that contribute to falls, and how to prepare accordingly.

What Causes Falls in Elderly Adults?

Did you know that when you place your relative into a nursing home and the facility receives federal funding from sources, such as Medicare, the residents are entitled to specific rights? The rights stem from federal statutes that were enacted back in the 1980s. Read on to learn about important nursing home rights.

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  1. Right to Dignity and Right to Privacy: The right to dignity applies to all humans, but it’s especially significant in the nursing home setting due to the residents’ enhanced vulnerability. No one deserves to be humiliated, mocked, or belittled. And just because someone moves into a nursing home doesn’t mean that they’re no longer entitled to privacy; staff should not listen to private conversations between residents and visitors, read personal messages, rummage through personal belongings, or post resident content to social media without consent.
  2. Right to be Free from Abuse and Neglect: People shouldn’t be verbally harassed, psychologically intimidated, financially taken advantage of, or physically harmed or neglected. Residents enter nursing homes to be cared for and looked after, not abused.

shutterstock_1317668966-300x200If 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?

shutterstock_190175495-300x200If 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.

shutterstock_16983095711-300x200Placing 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:

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