A UCLA study has revealed that vulnerable elderly patients receive only 65 percent of the tests and other diagnostic evaluations and treatments for a number of conditions, including heart disease and diabetes.The research was gathered from 100,258 community-dwelling geriatric residents in 19 California counties. All the patients studied were enrolled in both Medicare and Medicaid, and all a mean...
A new California law took effect on July 1, 2007 requiring the Department of Public Health to determine whether nursing homes are complying with California standards that are stronger than federal law. The new law, SB 1312, was introduced after it was learned that the department was ignoring California nursing home reform laws during inspection and elder abuse complaint investigations.For more...
A bill which would require the California Department of Health Services (DHS) to investigate the majority of all claims of elder abuse in nursing homes within 40 days, has made it to the desk of Gov. Arnold Schwarzenegger. The bill was sponsored by Assemblyman Mike Feuer (D-Los Angeles) and passed the Legislature last month. An article in the Los Angles Times referred to a number of occasions...
The county-owned nursing home Vermilion Manor in Virginia is looking to increase the bottom line. Last year it lost money, and a consultant hired to address the problem has the answer: reduce the number of nurses. According to the News Gazett, the consultant found that the nursing facility provides daily nursing that exceeds the state and national averages, so cutting nursing hours, he...
For years now, we have heard the story from nursing home owners that they are barely getting by, and the lawsuits against them for negligent care are going to drive them out of business, leaving no place to put seniors. We always reject this argument as a time-honored trick by tortfeasors to try to portray themselves as victims after causing harm to others. A New York Times article this weekend...
Medicare to stop paying nursing homes for treating pressure ulcers which they cause. Pressue ulcers are one of the most common bases for elder aqbuse lawsuits. The Centers for Medicare and Medicaid Services announced last month that, it will no longer reimburse hospitals for treating eight "reasonably preventable" conditions as of October 2008. Pressure ulcers are among the most prevalent,...
As a lawyer who sues nursing homes and residential care facilities for the abuse or neglect of their residents, I frequently get calls from people who feel that they or their loved one have been a victim abuse or neglect. When I hear genuine stories abuse or neglect, or of highly questionable conduct on the part of nursing home staff, I always ask whether or not anyone complained about it to...
The Nursing Home Complaint Investigation Improvement Act would require the Department of Health Services (DHS) to complete investigations within 40 working days; send complainants a written summary of findings about their complaint; investigate facility-reported complaints of abuse and neglect within the same timeframes as public complaints; and extend the number of days a complainant has to...
A man entered a nursing home in Berea, Kentucky and sexually assaulted a 90-year-old resident there. It is unknown how he was able to enter the building or what kind of security measures were in place. The nursing home assault happened early in the morning on Monday. "Basically what happened is that the employees of the nursing home heard a patient scream," Clark said. "When they went to...
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