California Personal Injury Blog - Nursing Home & Elder Abuse - Most Popular

Class Action Lawsuit Filed Against California Nursing Homes

Randy Walton — Wed, 07 Nov 2007 14:41:41 GMT

A class action lawsuit for substandard nursing home care was filed in Orange County Superior Court against S&F Management Company, Inc.; S&F Management Company, LLC; Windsor Healthcare Management, Inc.; and its 15 skilled nursing care facilities around the state of California.

Stephen Garcia, attorney for the plaintiff, alleges in the complaint that Windsor promotes itself in a misleading way, claiming to provide superior care to the elderly, when in fact that Windsor-owned facilities have a substandard track record.

"The Windsor facilities make great claims, but they don't deliver. In fact, I believe they are an elder abuse case in the making," says Garcia. "We know they aren't providing what they promise -- excellent care -- because the 15 facilities have a long record with the California Department of Health Services of repeatedly receiving citations of deficiencies that found the facilities consistently provided their residents substandard care and violated their rights."

The California nursing facilities named identified in the lawsuit are:

Windsor Gardens Convalescent Center of Anaheim
Windsor Palms Care Center of Artesia
Windsor Manor Rehabilitation Center of Concord
Windsor Park Center of Fremont
Windsor Gardens Care Center of Fullerton
Windsor Gardens Convalescent Center of Hawthorne
Windsor Gardens Care Center of Hayward
Windsor Convalescent Center of North Long Beach
Windsor Convalescent Center of Long Beach
Windsor Gardens Convalescent Hospital of Los Angeles
Windsor Gardens Convalescent Center of San Diego
Windsor Gardens Healthcare Center of North Hollywood
Windsor Gardens Rehabilitation Center of Salina
Windsor Gardens Convalescent & Rehabilitation Center of Golden Hill
Windsor Terrace Healthcare Center

For more information on this subject, please refer to the section on Nursing Home and Elder Abuse.

Originally posted at InjuryBoard by Randy Walton

Many Pleasant Care Facilities Sell at Auction, Despite History of Nursing Home Violations

Laura Blatt — Fri, 20 Jul 2007 23:26:14 GMT

Twenty-one California nursing homes owned by the bankrupt Pleasant Care Corp. were sold at auction earlier this month, despite their history of violations and substandard care. The buyers included LifeHouse Retirement Properties, Bina Bhatia and HC Management.

"You won't see any cutbacks in care, although there might be changes made to improve efficiency," said the CEO of LifeHouse, Lou Andriotti, about the four Pleasant Care nursing homes that the company purchased (Press-Enterprise, July 11, 2007).

Unfortunately, it's difficult to find this statement reassuring, at least not for the elderly, frail residents who make Pleasant Care facilities their home. Avoiding "cutbacks in care" when care is substandard already may not be enough. We hope that we don't see an emphasis on the bottom line rather than on upgrading the deplorable conditions in these nursing homes.

As I mentioned in other columns, Pleasant Care facilities have a dismal record. Emmanuel Health Care in Norwalk was fined $80,000 because of the death of one of its residents due to poor care. Two residents died at Pleasant Care nursing homes in Ukiah and Novato, allegedly due to neglect and negligence. At Pleasant Care Convalescent of Petaluma, 76-year old Peggy Keel died of an oral infection that went untreated, resulting in a $100,000 fine for the facility, according to the Santa Rosa Press Democrat. Pleasant Care reached a $1.3 million settlement with the state last year, again based on charges of inadequate services and low quality care for its residents.

Originally posted at InjuryBoard by Laura Blatt

Nursing Home Abuse Report Leads to Closure

David Rowell — Sat, 15 Nov 2008 13:19:16 GMT

Following recent reports of an increase in nursing home abuse and neglect, state and Federal agencies may be increasing their surveilance and inspection efforts. A round of such surveys by the Florida Agency for Health Care Administration and the federal Department of Health and Human Services found widespread abuse at the Key West Convalescent Center, and led to an order for closure of the facility.

Reports called the survey results "damning," and the responsible agency stated that a "system failure jepoardized all the residents in the facility."

Nursing home abuse or neglect is a serious problem, one that is likely to grow worse as the American population ages. According to the U.S. Census Bureau, the number of Americans 65 and older is expected to reach almost 90 million people by the year 2050.

Nursing home abuse or neglect can occur in various ways: physical abuse, emotional abuse, sexual abuse and others. Signs of abuse or neglect can be obvious or subtle, including bed sores, bruises, welts and other skin damages, anxiety, agitation or emotional withdrawal, weight loss and other signs of poor nutrition or poor hydration, and many others.

Like other victims of abuse, abused nursing home residents may be reluctant to speak out, and this problem can be worsened by the potential for retaliation by the abusive staff member.

If you suspect that your loved one has been the victim of nursing home abuse or neglect, you should first ensure that your loved one receives prompt medical attention. You should consider contacting the State agency charged with nursing home oversight; you may want to contact a lawyer who is familiar with this area of law.

For more information about nursing home abuse and neglect, check the InjuryBoard Help Center on this topic.

Originally posted at InjuryBoard by David Rowell

Sexual Abuse at Nursing Home

Chrissie Cole — Tue, 31 Jul 2007 23:23:05 GMT

Following the arrest of a nursing home worker brought up on sexual abuse charges, several more victims are coming forward, according to Salt Lake Police.

In less than one day they have received over a dozen calls from people who may not have been taken seriously in their original complaint against the worker.

Detective Jared Wihongi says, "Some of the calls have involved people with elderly parents that for some reason or another didn't take seriously the complaints the parent may have had because of the mental status of the individual."

Wihongi says specific complaints involve nursing homes in South Salt Lake and Holladay where Jacob Bolith used to work as a nursing assistant.

He is being charged with sexually abusing an 85-year-old woman that resides at the nursing home. The case is expected to go before a judge tomorrow.

Police say investigating these cases is especially tricky due to some of the patients having altered mental status. And some of the patients may have passed away since the incidents originally occurred.

For more information on this subject, please visit or section on Nursing Home Abuse and Neglect.

Originally posted at InjuryBoard by Chrissie Cole

Money Talks - Elder Abuse is not Always Physical

Clayton Kent — Mon, 17 Nov 2008 17:57:07 GMT

The less talked about side of elder abuse isn't related to physical abuse. Seniors can be an easy target for investors looking to pad their own bank accounts. Caregivers, utilizing their position of trust, can gain access to finances for their own personal gain. Dishonest acts like this are not a fallacy, but a stark reality for a number of North Bay residents. There is the ongoing saga with Gary Armitage and the now defunct AGA Financial, currently being investigated for fraud. A recent settlement that returned $2.1 million to an estate after uncovering a variety of financial schemes that transferred funds and property rights to caretakers.

Steps to Prevent Financial Elder Abuse

While there is no cure-all to stop financial abuse, there are steps that can be taken to help limit unnecessary risk to financial exploitation.

Document all financial arrangements. Get your instructions in writing - this will help protect you and limit future misunderstandings.
Understand Life-Long care agreements. Document the agreement and specify any compensation that will be paid to the caregiver.
Have someone review financial agreements. Have an attorney or financial consultant explain how changes in agreements will directly effect you.
Be cautious of joint bank accounts. Both parties are equal owners of the account and have equal access to funds. This can be an easy path for someone to access your money.
Understand any power of attorney agreement. Before assigning a power of attorney, make sure you understand the authority you are giving,and know the person you are giving the authority. If there is going to be any compensation, specify the amount in the agreement.
Ask for help. Financial matters can be confusing. Ask for clarification from trusted family sources, financial advisers, a social worker or other professional.
Stay connected to the community. Isolation increases the risk of becoming a victim of financial abuse. Find ways to participate within the community. The Sonoma County RSVP and San Francisco RSVP (Retired Senior Volunteer Programs) are great resources for volunteering opportunities.

These are just a few of the many steps you can take to protect yourself against financial abuse. While there is no magic formula to stop this type of exploitation, being educated and informed is the best defense to safeguard your assets.

For a more complete list of the above financial protection tips, please download the Project SAFE pamphlet.

For reporting suspected abuse, call California State Attorney General's toll-free hotline at: 1(888) 436-3600 or download the Adult Protective Services County Contact List.

Originally posted at InjuryBoard by Clayton Kent

Veterans Home to be Investigated Amidst Complaints of Elder Abuse

Clayton Kent — Tue, 04 Sep 2007 17:29:38 GMT

State Senator Pat Wiggins, D-Santa Rosa, has successfully called for an investigation of the California Veterans Home in Yountville as a result of a large number of complaints from residents and veteran residents of the facility. This investigation called for by the Senator is to focus on the medical care provided by the facility to the residents, including staffing issues. Many of the complaints include disabled veterans being left in their own urine and excrement for hours without any assistance, and a male resident dying after falling and breaking his femur and hip, which was not diagnosed for 10 days.

In response to the Senator's call for the investigation, the Deputy Administrator of the facility stated:

In a facility that's providing care for 1,060 veterans, and 360-some of those are in intermediate or skilled-nursing type of care, there are going to be some lapses in the service.

With respect to the staffing issues, the facility admits that they are short-handed.

If you don't have enough staff, then the veteran is going to have to wait - not that we want them to, and we try to make sure that they don't. Unfortunately, it happens. You can only work so fast and be in one place at one time.

Our veterans deserve better care. The facility's positions that "there are going to be some lapses" and "unfortunately, it happens," are not good enough for these mostly elder men and women who have served our country. I personally handled a matter against the Veterans Home in Yountville, where a resident who had been admitted to the hospital with a severe seizure disorder was allowed to merely walk out of his room at night, walk out of a door and onto a balcony, and fell 30 feet to his death. He was not discovered by the staff for several hours. Where was the staff then? It appears that this staffing issue has been around for many years, and, hopefully, Senator Wiggins will get the State Legislature to address this important issue.

For more information on this subject matter, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Clayton Kent

Agency fines Hemet nursing home

IB Contributor — Sat, 31 Mar 2007 23:26:01 GMT

The agency that oversees California nursing homes has fined a Hemet facility $75,000 in connection with a patient's death.

ManorCare Health Services in Hemet received an AA citation, which is the most severe under state law, on March 13, the article said. Evaluators from the California Department of Health Services found that an 83-year-old man died at a hospital on Jan. 13, 2006, seven days after he fell out of a wheelchair at the nursing home, according to the citation.

The man, whom the nursing home had identified as a fall risk, hit his head on the floor next to his bed, the citation states. He was taken to an unidentified hospital, where he was diagnosed with internal bleeding and admitted to the intensive-care unit.The man died after his son had him taken off life support, the report states.

The Department of Health Services would not identify the man or the nurses who failed to properly restrain him Jan. 6, 2006. The nurses no longer work at the nursing home, the report states.

The nursing home has appealed the citation. ManorCare Health Services owns more than 275 nursing homes across the country, including the Hemet facility and ManorCare Health Services in Palm Desert.

The Hemet facility on Monday agreed to provide nurses with patient-care training, according to the Department of Health Service's report. Nursing administrators also are to check patient charts to make sure rules are followed. However, facility operators did not admit fault in the patient's death.

The Department of Health Services last inspected the Hemet facility May 31, 2006, according to the U.S. Department of Health and Human Services' Medicare Web site. Inspectors found 17 health deficiencies, most of which had been corrected by July 15.

Pat McGinnis, executive director of California Advocates for Nursing Home Reform, said consumers should consider citation and inspection information when selecting nursing homes. The group's Web site provides some of that information.

"Anytime there's a citation you always have to put it in the context of what else is going on there," she said. "The facility might be understaffed. You need to take into account the number of beds in the facility."

Understaffing is the most common problem we see in nursing homes. We've found that owners will deliberately keep staff numbers low in order to boost profits. In many cases, staff members also do not get the specialized training they need to take care of their residents.

If you are looking to place your loved one in a nursing home, you may view inspection results at www.medicare.gov. If you would like to complain about a nursing home, visit www.canhr.org or call the group at 800-474-1116 or call the California Department of Aging Crisis Line at 800-231-4024.

If you would like a consultation regarding nursing home abuse or neglect, call me.

Originally posted at InjuryBoard by IB Contributor

Nursing Home Abuse Caught on Tape

Chrissie Cole — Sat, 01 Sep 2007 21:27:38 GMT

A hidden video camera captured a home caregiver abusing the 90-year old man she was supposed to be caring for.

The man's daughter suspected nursing home abuse and neglect and set up a hidden camera. The video was horrific as you might imagine...

"She takes her fist and hitting him in the chest. She was hitting him in the stomach. Hitting him in the arm, and when we look back a few days before, she had him on his side as she was taking her knuckles and banging him on the side of his temples, slapping him in the back of the head," says the victim's daughter.

Even though this particular incident happened in Baltimore it can and does happen nationwide.

If you suspect one of your loved ones is suffering nursing home abuse, you can use the form located on the right to contact one of our personal injury lawyers for a free and confidential consultation.

For more information on this topic, please visit our section on Nursing Home Abuse and Neglect.

Originally posted at InjuryBoard by Chrissie Cole

Preventing & Reporting Elder Abuse

Rick Patterson — Fri, 25 May 2007 15:02:20 GMT

A study that was conducted in 2004 by the Adult Protective Services showed that there was a 19.7-percent increase in the combined total reports of elder and vulnerable adult abuse. For example, in Fauquier County alone, there were 141 cases reported in between June 2006 and May 2007, according to Mittie Wallace who is a program manager for the elderly and disabled for the Fauquier County Department of Social Services.

It seems that many of the reports stem from self neglect such as personal hygiene. However, care giver neglect is also an issue. The Department of Social Services investigates reports. However, if the family of the elderly person does not cooperate with a home investigation, the state can move to gain guardianship of the senior in question. Another problem is, there is also a shortage of beds in nursing homes. The sad truth is that even when there are available beds many who seniors who are referred to nursing homes but who can't afford private facilities are sent to homes in other areas within the state, which further isolates them from their families.

The elderly are an extremely vulnerable part of our society, and they need to be protected by members of their community. According to the Virginia Department of Social Services, some signs of abuse to watch for are:

1) Dehydration
2) Malnutrition
3) Scratches
4) Bruises
5) Forced isolation
6) Inappropriate language or sexual contact
7) Anxiety
8) Depression
9) Hesitance to communicate

Don't turn a blind eye. Remember, most everyone strives to make it to old age.

Originally posted at InjuryBoard by Rick Patterson

Indiana nursing home could be placed on probation

IB Contributor — Fri, 30 Mar 2007 16:33:10 GMT

Indiana health officials are considering placing a nursing home's license on probation after a resident with Alzheimer's disease accidentally died last month at the nursing homre, according to an Associated Press news report published in the Indianapolis Star.

The Indiana State Department of Health also wants Bradner Village Health Care Center to hire a registered nurse consultant and a licensed administrator consultant for 40 hours per week, the agency said Monday.

Nursing home staff found the body of Clarence B. Elliott, 76, about 3 a.m. on Feb. 15 outside a locked door of the home on a night when temperatures fell below zero. An autopsy determined the man had died of hypothermia.

Following a survey days after Elliott's death, the health department charged Bradner Village with violating state rules. The survey found the home had failed to watch Elliott over a five-hour period on the night of Feb. 14 and failed to prevent his unsupervised exit from the building into a snow-covered courtyard.

The investigation also determined that a certified nursing assistant responsible for the 10 p.m. bed check did not enter Elliott's room, which was in the secure area of the home, the news report said. A second assistant responsible for a bed check two hours later entered every room but Elliott's.

Bradner Village has made several corrections, including firing two employees, Eric Walts, part owner and executive administrator of Bradner Village, said previously. It also installed a video surveillance system and a second alarm on the doors Elliott used to leave, he said.

It shocks me that a nursing home that would take in Alzheimer's patients or people with dementia would not have a surveillance system in place and alarm on the doors. These are safety standards that should be part of state requirement to operate a nursing home. It should be made part of the permit process.

In my opinion, this nursing home deserves to be put on probation. A 76-year-old man, incapable of caring for himself, froze to death at their doorstep. And they had no idea. This is one of those types of cases that my partner and I get more juice out of. Where a corporation, charging a bundle for taking care of the elderly, blows it and it costs a life. In this case, I'll bet when the attorney representing the family gets into this nursing home's records, he'll find dozens of cost cutting and cost saving steps this corporation routinely take, that puts their elder charges at risk. Looks like a "punitive damages" case to me.

When you're looking to place a loved one in a nursing home, always look for telltale signs of neglect. Here are some pointers I found at the Nursing Home Abuse and Neglect Resource Center's Website:

Physical neglect: disregard for the necessities of daily living
Medical neglect: lack of care for existing medical problems
Failure to prevent dehydration, malnutrition, and bed sores
Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter
Unsanitary and unclean conditions Infections
Failure to protect from health and safety hazards
Poor access to medical services
If you have experienced such a tragedy, contact me and find out what your rights are.

Originally posted at InjuryBoard by IB Contributor