Steven D. Davis Law Group, APCCulver City Personal Injury Attorney | Nursing Home Elder Abuse2024-03-18T16:47:58Zhttps://www.davislawapc.com/feed/atom/WordPress/wp-content/uploads/sites/1301387/2021/10/fav-75x75.pngOn Behalf of Steven D. Davis Law Group, APChttps://www.davislawapc.com/?p=477772024-03-18T13:06:04Z2024-03-18T16:47:58ZGather evidence
The first step is to observe and document any signs of abuse or neglect. You should note unexplained injuries, changes in behavior or poor living conditions. Take detailed notes and photographs if possible. This information can help back up your claims when discussing your concerns with the nursing home staff or authorities.
Communicate concerns
Communicate your concerns directly with the nursing home staff. Be firm but respectful in your approach. Describe the specific issues, and ask for a plan of action to address them. You will want to follow up on these discussions to ensure that they take the necessary steps. Be persistent if needed.
If you are not satisfied with the response from the nursing home staff, consider reaching out to the ombudsman program. Ombudsmen have training as advocates to help resolve issues between residents and nursing homes. They can also provide information about your rights and options for further action.
Involve others
Consider involving other family members or friends in advocating for your loved one. A united front can be more effective in getting the attention of nursing home staff and ensuring they take your concerns seriously.
If you believe that your loved one is in immediate danger, do not hesitate to contact the authorities. This can include local law enforcement or adult protective services. They can conduct an investigation and take action to protect your loved one from harm.]]>On Behalf of Steven D. Davis Law Group, APChttps://www.davislawapc.com/?p=477692024-03-08T06:56:37Z2024-03-14T05:56:01ZNature of work
The demanding nature of the work in nursing homes is a key factor contributing to high turnover rates among staff. Caregivers face physically and emotionally taxing responsibilities. Some of these might include assisting residents with daily activities, managing health conditions and providing emotional support. The challenging workload can lead to burnout and fatigue, prompting staff members to seek alternative employment.
Low wages and limited benefits
Low wages and limited benefits in the nursing home industry also contribute to high turnover rates. Despite the important role they play, caregivers often receive relatively low compensation for their demanding work. Limited benefits, such as health care and retirement plans, may also deter people from pursuing or remaining in this profession. This further exacerbates turnover.
Inadequate staffing levels
In some nursing homes, inadequate staffing levels compound the challenges associated with high turnover rates. Insufficient staff numbers can result in heavier workloads for existing employees. This can lead to fatigue and compromise the quality of care a staff member provides. It can also create a cycle where the existing staff members become more prone to burnout, contributing to the turnover problem.
Skilled Nursing News reports that the turnover rate in nursing homes exceeds 90%. Even the highest-rated nursing homes have turnover rates above 75%. The challenges posed by high turnover rates in nursing homes underscore the need for comprehensive strategies to improve working conditions, wages and benefits for caregivers.]]>On Behalf of Steven D. Davis Law Group, APChttps://www.davislawapc.com/?p=477722024-02-22T05:36:28Z2024-02-28T05:36:15ZStandard of care
Nursing homes may say that they followed the standard of care. This defense asserts that a nursing home’s care was consistent with the prevailing standards (what a reasonably prudent nursing home would do under similar circumstances). By claiming compliance with established protocols and guidelines, the nursing home seeks to refute claims of negligence.
Documentation
Documentation supports the standard of care defense. Nursing homes may use records documenting the care they provided to residents, including assessments, treatments and interactions. These records serve as evidence that the care met the standard of care in the industry.
Expert testimony
Expert testimony often reinforces the standard of care defense. Health care professionals may provide testimony attesting to the adequacy of the care. Their expertise lends credibility to the assertion that the nursing home's actions were consistent with accepted practices within the industry.
Continuous improvement
California has about 1,230 licensed long-term care nursing facilities. Nursing homes using a standard of care defense may say they have a commitment to continuous improvement. By claiming a proactive approach to addressing issues and implementing corrective measures, they aim to show that they take resident safety and well-being seriously.
Challenges and considerations
While the standard of care defense can be formidable, it is not without its challenges. Plaintiffs may argue that the care provided fell below the accepted standard or that the nursing home failed to meet the standard due to systemic issues within the facility. Additionally, interpretations of what constitutes the standard of care may vary.
In navigating negligence claims, nursing homes in California often rely on the standard of care defense to protect their interests. Understanding this defense can help residents and their families better seek recourse for substandard care.]]>On Behalf of Steven D. Davis Law Group, APChttps://www.davislawapc.com/?p=477742024-02-28T01:00:41Z2024-02-28T01:05:55ZCategories of Elder Abuse
The State of California defines elder abuse within the categories of both civil and criminal violations. In both categories, the plaintiff can be an adult aged 65 and above or an adult who is considered a dependent adult who endures pain, harm or suffering at the hands of a caregiver in a secondary nursing facility, rehabilitation facility or residential care home.
The categories of CIVIL elder abuse in nursing homes may include:
Physical: Broken bones including hips, knees and shoulders, brain injury, severe bruising
Neglect: Failure to provide basic needs, hygiene, proximity to call buttons or failure to provide safe conditions that result in worsening health, illness or declining medical status
When a caregiver fails to give the requisite services to prevent a resident's or patient’s suffering, that negligence falls under civil elder abuse. A caregiver's negligence that results in the patient/resident enduring unacceptable pain or suffering, or permitting a situation that threatens the patient's or resident's health can also fall under civil negligence or it may rise to the level of criminal negligence.
Protecting Loved Ones from Elder Abuse Requires Vigilance
Recently, a study named California as the lowest-ranked state in terms of offering the best protections for elders. This finding highlights the greater need for awareness on the part of victims and their families to be more vigilant when dealing with elder abuse. Vigilance can include taking legal action by consulting an attorney to file a civil case and where appropriate, reporting suspected abuse to the County Department of Health Services.]]>On Behalf of Steven D. Davis Law Group, APChttps://www.davislawapc.com/?p=477672024-01-29T08:00:58Z2024-02-01T08:00:38ZEnsuring resident safety
There are approximately 1.2 million people in nursing homes. All patients and their loved ones deserve to trust the care providers within these homes. Duty of care is the foundation of trust and one component is the commitment to resident safety. Nursing home staff must implement measures that prevent accidents and injuries. For instance, maintaining adequate supervision and addressing potential risks as promptly as possible is part of the staff's duties to their patients.
Caring for basic needs
Negligence includes failing to meet the basic needs of nursing home residents. The staff must provide nourishing meals and to ensure that the residents receive proper care regarding their hygiene. Residents within a nursing home deserve to exist in an environment that encourages emotional and physical well-being.
Monitoring all health concerns
Care providers should remain vigilant when it comes to resident health. They must document any changes in physical or cognitive health and promptly report all concerns. A duty of care involves collaborating with healthcare professionals to address any evolving medical needs. Typically, nursing home residents will have various health conditions that change over time.
Nursing home staff should always respect their patients' autonomy. Nursing homes provide residents with a safe environment where they can express a sense of independence without fear of harm.]]>On Behalf of Steven D. Davis Law Group, APChttps://www.davislawapc.com/?p=477662024-01-17T10:38:47Z2024-01-22T10:38:30Z1. Mediation
Mediation is a structured negotiation process facilitated by a neutral third party. This method encourages open communication between the involved parties, fostering a collaborative environment. A skilled mediator helps guide discussions toward a mutually agreeable resolution, allowing both the healthcare provider and the affected individual to have a say in the outcome.
2. Arbitration
Arbitration involves presenting evidence and arguments to a neutral arbitrator who renders a decision. While this process is more formal than mediation, it remains less adversarial than a court trial. The parties have more control over the proceedings because they get to select the arbitrator and determine the rules of engagement, providing a degree of flexibility not often found in the courtroom.
3. Settlement negotiations
Settlement negotiations offer a chance for the parties to reach a resolution without the involvement of a third party. Both parties engage in direct discussions to explore possible agreements. This approach can lead to a private settlement and the terms can be confidential, avoiding the public nature of a court proceeding.
4. Ombudsman programs
Some healthcare organizations have established ombudsman programs to provide a neutral party to facilitate communication and resolution between patients and healthcare providers. This informal process can help address concerns early on, potentially preventing the escalation of disputes to a legal level.
Exploring alternatives to court trials for medical malpractice disputes allows parties to seek resolution in a more collaborative and controlled manner. These alternatives provide a range of options for resolving conflicts without the need for a courtroom battle.]]>On Behalf of Steven D. Davis Law Group, APChttps://www.davislawapc.com/?p=477652024-01-02T07:41:25Z2024-01-06T07:40:45ZCauses of cancer misdiagnosis
A common cause of cancer misdiagnosis is interpretation errors in diagnostic tests. The complexity of medical imaging and pathology reports can lead to misinterpretations. This can result in inaccurate assessments of whether cancer is present.
Communication breakdowns among health care providers and departments contribute to misdiagnoses. So, too, do miscommunications between patients and their health care teams. Inaccurate transfer of information can lead to misjudgments in diagnosing and treating cancer. Failure to convey key details can do the same.
Biopsies also play a key role in cancer diagnosis. However, errors in obtaining or analyzing tissue samples can occur. Sampling errors may lead to false-negative results or false-positive results.
Consequences of cancer misdiagnosis
The most significant consequence of cancer misdiagnosis may be a delay in treatment. Without timely diagnoses, patients may miss the window for effective treatment. This allows the disease to progress to more advanced stages.
Misdiagnosis can also lead to unnecessary treatments. Some of these might include surgery, chemotherapy or radiation therapy.
Cancer misdiagnosis also takes a toll on mental well-being. Believing one has cancer can lead to anxiety, depression and emotional distress.
Per AARP, about 12 million American adults receive the wrong diagnoses each year. This represents about 5% of all adult patients. Recognizing the causes and consequences of misdiagnoses emphasizes the importance of clear communication. It also highlights the need for accurate interpretation of diagnostic tests.]]>On Behalf of Steven D. Davis Law Group, APChttps://www.davislawapc.com/?p=477632023-12-26T04:16:26Z2023-12-30T04:15:46Znegligence or abuse occurred or when the plaintiff discovered (or should have discovered) it.
The discovery rule
It is important to note that the “discovery rule,” a provision in California law, allows people an extension in the statute of limitations under certain circumstances. The discovery rule acknowledges that victims may not always be aware of the abuse that is happening right away.
In those cases, the two-year period can seem unreasonable because it does not give the victim, or their family members, enough time to discover the abuse.
Exception for older adults
California understands the unique challenges faced by elderly people who may fall prey to abusers in nursing homes. If plaintiffs aged 65 and above cannot take part in the legal proceedings because of mental incapacity, California can pause the statute of limitations. This “pause” allows individuals a fair opportunity in their search for justice.
Timely action is still important
Despite the exceptions, it is critical to understand the two-year statute of limitations as the rule and to go by that instead of relying on exceptions. If you suspect nursing home negligence or abuse, it is critical to identify it and seek counsel as soon as possible in order to have the best chance at success in court.]]>On Behalf of Steven D. Davis Law Group, APChttps://www.davislawapc.com/?p=477572023-12-05T22:38:57Z2023-12-09T07:39:41ZHealth and safety risks
The shortage of nursing home staff correlates with the declining health and safety of nursing home residents. Without enough caregivers, residents may experience prolonged wait times for help with basic activities such as bathing, toileting and moving around. This can compromise their dignity. It can also raise the risk of accidents and injuries. Falls, medication errors and preventable health complications also become more likely. This can exacerbate the challenges faced by an already vulnerable population.
Diminished quality of life
Inadequate staffing levels also impact nursing home residents' emotional and social well-being. A scarcity of personnel often translates into limited recreational activities, social interactions and individualized attention. Loneliness and feelings of neglect can become pervasive. This often contributes to a diminished quality of life for residents.
The American Healthcare Association notes that 94% of the nation’s nursing homes had insufficient staffing levels within the past month. More than 80% of assisted living facilities reported the same. Adequate staffing is necessary to uphold the dignity, health and happiness of those who entrust their care to these facilities.]]>On Behalf of Steven D. Davis Law Group, APChttps://www.davislawapc.com/?p=477542023-11-20T05:15:28Z2023-11-24T05:15:07ZHigh turnover rates
One glaring indicator of overworked nursing home staff is a high turnover rate. When employees frequently leave their positions, it may suggest that the workload and stress levels are unsustainable. Constant recruitment and training of new staff can disrupt the continuity of care for residents and create an unsettling environment.
Increased mistakes and errors
Overworked staff members may struggle to maintain the same level of precision and attention to detail. An increase in mistakes, such as medication errors or documentation inaccuracies, could be indicative of a workforce stretched too thin. Families should be vigilant about monitoring these subtle signs that compromise the safety of their loved ones.
Extended working hours
Long, irregular working hours can be a red flag for an overworked nursing home staff. When employees consistently work beyond their scheduled shifts, they may not manage their workload effectively.
This not only affects the staff's performance but also raises concerns about the overall quality of care provided during these shifts.
Fatigue and burnout
Staff members who appear consistently fatigued and emotionally drained may be experiencing burnout due to excessive work demands. Burnout can manifest as a lack of enthusiasm, irritability and decreased empathy towards residents. Observing the emotional well-being of the nursing home staff can offer insights into the overall health of the caregiving environment.
Decreased communication
Overworked staff often face time constraints that limit effective communication. If family members notice a decline in communication regarding their loved one's care plan or updates on health, it could be a sign that the staff is struggling to balance their responsibilities. Regular communication is important for maintaining trust.
Paying attention to loved ones' health is important as they age since people aged 65 or over make up 83.1% of residents in American nursing homes. By addressing these indicators promptly, families can play a proactive role in advocating for the well-being of elderly relatives.]]>