Articles Posted in Neglect

California’s Elder Abuse and Dependent Adult Civil Protection Act is a civil law that gives older adults and dependent adults — and their families — the ability to hold individuals and care facilities legally accountable for abuse and neglect. It covers physical abuse, neglect, financial abuse, and more, and it provides remedies that go beyond ordinary injury claims.

Who does this law protect?

The law protects two groups of people. The first is adults age 65 and older. The second is dependent adults — people between 18 and 64 who have physical and/or mental limitations that restrict their ability to carry out normal activities or protect their own rights. A person living in a Skilled Nursing Facility or an Assisted Living Facility is very likely to fall into one or both categories.

Yes, you can sue a group home for neglect in California. If your family member lives in a group home and is being harmed through poor care, ignored medical needs, or unsafe conditions, California law gives families a path to hold that facility accountable. The protections that apply are broad and were written specifically for adults in care settings like group homes.

What counts as a group home under California law?

A group home is a residential facility where adults live together and receive care and supervision. In California, these facilities go by different names depending on who they serve and what license they hold. You may hear terms like residential care facility, board and care home, adult residential facility, or community care facility.

Yes. In California, adults with developmental disabilities can qualify as dependent adults under the same law that protects elderly people from abuse and neglect. You do not have to be over 65. If your adult family member has a condition that limits their ability to care for themselves, they may have the same legal protections as any nursing home resident — and the same rights if those protections are violated.

What exactly is a dependent adult under California law?

A dependent adult is generally any person between the ages of 18 and 64 who has a physical and/or mental limitation that restricts their ability to carry out normal activities or to protect their own rights. That definition is broad on purpose. It covers people with physical disabilities, cognitive impairments, serious mental illness, and developmental disabilities. Age alone is not the deciding factor — the level of limitation is.

The clearest warning sign of nursing home abuse or neglect is a sudden, unexplained change in your loved one — physically, emotionally, or financially. Injuries no one can account for, rapid weight loss, a person who has gone quiet, money moving in ways that make no sense. Any one of these is worth asking about.

Most families do not walk in and see abuse happening. They notice something small that does not add up, dismiss it, and then notice it again. This is a guide on what signs to look for and what to do next if you suspect abuse or neglect.

What are the most common physical warning signs?

If your loved one resides in a nursing home or assisted living facility, it is important to be on the lookout for signs of abuse and neglect.  Sadly, instances of abuse and neglect are not uncommon, and many elderly residents, especially those who suffer from cognitive issues such as dementia, are often unable to protect or speak up for themselves.  Unusual depression, confusion, isolation, and withdrawal, as well as unexplained bruises and injuries, and poorly-kept hygiene, are all major signs that an elderly resident may be the victim of neglect.

If you believe your loved one has actually experienced such abuse or neglect, it is also important to speak with a knowledgeable elder abuse attorney as soon as possible.  Some facilities have gone to great lengths to attempt to conceal any and all evidence of abuse, therefore it is in your best interests to contact an attorney to help you navigate your legal options sooner rather than later.

Here are five significant reasons why you may consider hiring a skilled elder abuse attorney to help you with a potential case:

Falls are the most common injuries among the elderly. Nursing home residents are twice as likely to experience falls than non-residents, and falls have been linked to nearly 2,000 resident deaths per year. The elderly are also more prone to injury because of a high chance of having osteoporosis, which makes their bones very fragile, takes longer for them to heal, and makes them more vulnerable to infections.

Many falls are not reported by nursing homes or care facilities. Even though residents are, on average, older and more vulnerable than non-residents, most of these falls should be able to be prevented. It is important to know the causes of falls and how to prevent a fall injuring you or a loved one. Get in touch with a Los Angeles elder abuse lawyer if you or a loved one has fallen at a facility.

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Pressure ulcers are severe and sometimes life-threatening medical conditions that affect a high number of patients and residents living in nursing homes and assisted living facilities. Several studies show that as high as one-in-five patients and residents of these facilities have experienced signs of a pressure ulcer at some point in their admission.

Pressure ulcers are a form of elder abuse and neglect and are often caused by nursing home staff failing to care for the basic needs of a patient or resident. These injuries do not happen instantaneously. It is important to understand how to prevent pressure ulcers to ensure that you or your loved one is receiving the best medical care possible. Contact a Los Angeles nursing home lawyer if you believe that your loved one has been a victim of this type of neglect.

What Are Pressure Ulcers?

Pressure ulcers, which are also referred to as pressure sores or bed sores, are skin and tissue injuries caused by persistent pressure or friction to certain areas of the body. The most common areas for pressure ulcers are the back, buttocks, elbows, hips, heels, and ankles. Patients and residents with limited mobility, especially people in wheelchairs or who are bed-bound, have a greater risk for pressure ulcers than others because they typically spend long periods of time in one position.

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The consequences of lack of communication between hospitals and skilled nursing facilities (SNFs) are not new knowledge. According to a 2013 study, in the U.S. alone, more than 5 million patients transition from hospital to SNFs yearly. These transitions heavily rely on the thorough communication of healthcare professionals and paraprofessionals to ensure adequate care for patients. However, hospitals and local SNFs typically operate as separate entities causing a myriad of miscommunication. Communication issues that may happen between the facilities include incomplete, contradicting and/or mismatching verbal and written care plans. These problems may cause SNF staff to delay—or never deliver—proper care for patients, resulting in potentially fatal consequences. For example, noting the wrong medication can cause a stroke patient to relapse into another stroke and an avoidable hospital readmission. While many factors can be used as scapegoats to explain these mistakes, these problems are not new, and as professionals in the field, SNFs should establish better communication and points of accountability before accepting a patient to ensure the dignity and quality of care of patients. A recent study published by the Journal of the American Geriatrics Society by multiple medical doctors have indicated that a significant number of hospital readmissions from SNFs were likely preventable.

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With more than 47 million people worldwide suffering from Alzheimer’s disease and other forms of dementia there is a growing need to identify the cause of these diseases as well as treatments for them. Millions of dollars have gone into the improvement of technologies and the research of brain mapping. At the USC Stevens Neuroimaging and Informatics Institute, Arthur Toga and Paul Thompson have been leading projects that are changing the world of neuroimaging. Toga and his team of researchers are on a quest to use digital imaging to map the brain. They believe that this type of detailed brain mapping will lead to solutions for neurodegenerative diseases such as Alzheimer’s and Dementia. Recent developments have led these scientists closer to the goal of better understanding these diseases and providing a breakthrough in how to prevent them.
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As we begin to age our bodies react to the changing conditions and often sleep disturbances can begin to occur. The effects of aging can have an impact on the sleep cycles of the elderly. Sleep disturbances, common amongst seniors, bring about less meaningful REM sleep and shorter sleep periods in general. This puts them at risk of developing serious health conditions and increases the risk of injuries.

While the elderly need about 7-9 hours of sleep a night, many of them do not manage to sleep undisturbed for this long. About 50% of elders’ experience sleep insomnia and about 30% suffer from excessive daytime sleepiness. Both insomnia and excessive daytime sleepiness can bring about muscle strength loss, impaired mobility and balance, slower gait speed and awareness, often leading to accidents that could injure a senior. Other conditions, such as increased inflammation or insulin resistance, can also develop from these sleep disturbances.
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