Recent Blog Posts

5 Simple Steps YOU Can Take To Prevent Elder Abuse

AMunoz — Thu, 17 May 2012 20:43:00 GMT

5 Simple Steps YOU Can Take To Prevent Elder Abuse

We have all heard the nightmare stories about Elder Abuse and Neglect in nursing homes. Unfortunately, Elder Abuse and Neglect in nursing homes can be quite common. If you have a loved one in a nursing home, here are FIVE simple steps YOU can take to prevent your loved one from possibly becoming a victim of Elder Abuse or Neglect:

1. Visit Your Loved One:

Let your loved one and the nursing staff know you care by visiting often. If you cannot visit often due to career demands, coordinate visits with other family members. This simple gesture will not only bring a smile to your loved one, it will also let the nursing home know that you are paying attention to their care.

2. Participate In Care Conferences:

Care Conferences are scheduled every quarter or after any change in condition. Make sure you attend your loved one's Care Conferences. These conferences will give you keen insight into how the nursing home is caring for your loved one or how it plans to address your loved one's change in condition. Make sure to ask questions about things you do not understand.

3. Meet Your Loved One's Attending Physician:

Your loved one should be seeing his or her attending physician once every 30 days or upon any change in condition. However, you should try to talk to the attending physician outside of those scheduled times.

4. Monitor:

Monitor your loved one's monthly weight and skin conditions. Weight loss and skin breakdown can be indications of neglect and abuse.

5. Be Friendly To Staff:

Nursing home staffs are often overworked and under paid. Sometimes a simple friendly gesture goes a long way. Befriending your loved one's care takers will lead to them paying better attention to your loved one.

What is Elder Abuse?

AFeldman — Wed, 18 Apr 2012 23:40:00 GMT

Every year, thousands of our seniors enter nursing homes and assisted living communities. Aging is a fact of life, fraught with a panoply of incipient challenges. The mind and body deteriorate, and the tasks that were once completed easily, become difficult. Unfortunately, these realities leave the elderly vulnerable to exploitation and mistreatment.

Elder abuse is the mistreatment of a person over the age of 65, or an otherwise dependent adult. Generally, elder abuse occurs in either domestically or institutionally. In the domestic setting, the senior is being cared for in his or her home by a caregiver. Domestic elder abuse occurs when a family member or a hired caregiver mistreats the patient.

The other form of elder abuse occurs in an institutional setting, like at a nursing home or assisted living facility. The staff at nursing homes and other care facilities is obligated by law and/or contract to provide proper treatment and when the staff fails to do so, institutional elder abuse results.

The following are common methods of elder abuse:

• Physical abuse

• Sexual abuse

• Neglect (the most common form of institutional elder abuse)

• Financial abuse

Each of these methods of elder abuse can take place either domestically or institutionally. For those that have loved ones in a nursing home, it is best to perform a thorough investigation if you suspect elder abuse or neglect. Common physical signs to look for include unexplained bruises, pressure sores, choking incidents, or unexplained falls. Common emotional signs include a generalized fear or fear of isolation.

Remember, the staff at nursing homes has an obligation to properly care for their patients.

Elder abuse and neglect is preventable and unjustifiable. Yet, it remains a prevalent problem in the U.S. If you or your loved one was a victim of elder abuse while staying in a nursing home, call our professional nursing home abuse attorneys today at (714) 549-0333. We proudly represent clients in the Los Angeles and Orange County areas. At Moran Law, we fight for your rights and hold wrongdoers accountable.

Pressure Sores: A Pervasive Danger in Nursing Homes

Moran Elder Law — Tue, 28 Feb 2012 20:01:00 GMT

One of the most common ailments affecting elderly residents in nursing homes is pressure sores (also known as bed sores). These painful sores result from leaving the nursing home patient in the same position for too long, which increases the formation of reddish sores. If left untreated, the severity of the sore worsens over time.

Pressure sores are entirely preventable unlike many of the ailments that land the elderly in nursing homes. For most patients, it is possible to prevent pressure sores. It is usually the responsibility of the nursing home to take preventative measures because a large percentage of nursing home residents are incapable of caring for themselves. The following are just some of the few steps the nursing home should take to prevent pressure sores:

· Change the patient’s position once every two hours minimum, especially if that patient is unable to change position on his or her own;

· Keep skin clean and dry by frequently bathing of the patient;

· When possible, encourage the patient to ambulate to promote circulation, and;

· Ensure the patient receives adequate nutrition

When bed sores do develop, it is best to address the problem immediately. Nursing home staff should remove pressure from the affected area immediately. This may entail requiring the patient to lie on the side of their body opposite the sore, which allows the sore to dry and heal. Care must then be taken by the nursing home staff to prevent further pressure sores from developing on the healthy side of the body.

As people continue to age, they become less capable of caring for themselves. That is why it is the job of nursing home staff or other caregivers to ensure they are given the care they need. Pressure sores are common and may reflect a lack of adequate care by the healthcare professionals that work in the nursing home. Patient care in nursing homes is often substandard because the facilities are chronically understaffed, and the staff they do employ are usually underpaid, causing high employee turnover rates.

If a patient develops these sores, the family or other loved ones should notify the nursing home staff immediately to ensure the patient receives proper care. You may be entitled to compensation if you or a loved one has suffered from pressure sores while residing in a nursing home. At Moran Law, our attorneys represent patients and their families across Los Angeles County and Orange County. To learn more, give one of our nursing home abuse attorneys a call today at (714) 549-0333.

How to Find the Right Nursing Home

Moran Elder Law — Wed, 01 Feb 2012 01:43:00 GMT

Having to place a loved one in a nursing home facility can be a very difficult decision to make. A serious illness, inability to function at a high level or a medical condition such as dementia or Alzheimer's are common reasons why loved ones are placed in a long-term care facility. As a result, finding the right nursing home is extremely important and is something that you should spend considerable time researching before you make your decision.

There are a number of factors which go into choosing the right nursing home. One of the most important will be the distance of the nursing home from family members and friends. If the nursing home is far away, there will likely be fewer visits to your loved one, which can subsequently lead to your loved one falling into depression and/or feeling isolated. Moreover, studies show that the more you visit your loved one, the less likely he or she will fall victim to nursing home abuse.

Another factor to take into account when researching nursing homes is the quality of the facility. Poorly maintained facilities should be avoided, despite any short-term cost savings. While the amount of money available to pay for long term care will have a notable impact on the quality of the facility, a person should do their best to choose the highest quality nursing home at a price that he or she can afford. It's worth noting that if you do some extensive research, you may uncover a few hidden gems.

Finally, another important factor when choosing a nursing home is the home's staffing level. Understaffed nursing home facilities are one of the biggest predictors of poor care, abuse and neglect. Nursing homes which house Medicaid and Medicare residents must have certain staff to resident ratios, including a specific number of nurses and nurse assistants which must be on staff at all times. These facilities must be properly staffed or they risk not being able to accept Medicaid or Medicare patients.

Despite these challenges of finding the right nursing home for your loved one, there are a number of great nursing homes available that will likely meet your location, quality and staffing requirements. A good place to start your research is at Medicare.gov. On the website, hover over "Resource Locator" at the top and then click on "Nursing Home Compare". On the website you can not only search nursing home facilities, but also review the results of the nursing homes' health inspections, staffing levels and much more.

How to Hire a Nursing Home Abuse Attorney

Moran Elder Law — Fri, 20 Jan 2012 07:55:00 GMT

Identifying a qualified nursing home abuse attorney in Los Angeles to handle your case involves careful research and above all, trust. If your loved one was a victim of nursing home abuse or neglect and you're looking to hire an attorney to fight for your loved ones right and seek compensation for the damages, it is imperative that you find one that has a successful track record of representing his/her clients.

An experienced nursing home abuse attorney will know how to build a strong case. Moreover, the attorney will need to be able to negotiate with the nursing home's attorney(s) regularly, and if it is needed, take the nursing home to trial.

We strongly advise that all potential clients conduct as much research on the attorney as possible and to be very selective when choosing one.

When you setup your initial consultation with the nursing home abuse attorney, come prepared with a list of questions that will help you determine whether or not the attorney is a good fit for you and your loved one. After you ask your questions, take a moment to ask yourself if you will feel comfortable teaming with the attorney throughout the entire process, which can take months, or even years. Since a majority of the relationship that you will have with the attorney will be based on trust, you need to be able to work closely with your attorney, without having any feeling of intimidation or doubt.

We know that hiring the right nursing home attorney is a very difficult decision that you need to make. At Moran Law, we will remain committed to working hard and fighting for your loved one's rights. Our firm has been successfully representing clients across Los Angeles, Orange and San Bernardino County.

Give us a call at (714) 549-0333 to learn more about how we can help you hold nursing homes accountable for their actions.

Department of Public Health (DPH)

Moran Elder Law — Tue, 10 Jan 2012 15:15:00 GMT

The Licensing and Certification Division of the California Department of Public Health (DPH) is a state agency that helps to keep the elderly safe by monitoring and investigating complaints, as well as enforcing the laws we have established for nursing homes.

The DPH even has the power to shut down nursing home that commit egregious, systematic or continual acts of abuse and neglect against residents, consequently making it a safer place for residents to live.

Who can File a Complaint with DPH?

Anyone can file a complaint against a nursing home with DPH. The complaint does not have to be made by a resident, family or friend. Everyone is encouraged to file a complaint immediately if they witness or suspect any form of abuse or neglect.

How can you File a Complaint with DPH?

Complaints can be made in writing or by calling the DPH office that is closest to the nursing home. Click here to search for the nearest DPH office.

Before You Call or Write

Before you contact DPH, prepare as much information as possible about the event or issue. It is critical that the complaint is as detailed as possible to ensure that the proper information is collected.

The following list contains what you need to know before you call or write to DPH:

Your Contact Information: Name, address and telephone number
Nursing Home Information: Name, address and telephone number
Alleged Victim Information: Name of the resident/victim
Event/Issue Information: Detailed information including the date and time the event/issue occurred. If the issue/event occurred on multiple occasions, please note those dates and times as well. Additionally, if you know of any records that the DPH needs to be aware of, please include that information. Finally, include the names of any witnesses or staff that have seen or are aware of the issue.

What Happens Once a Complaint is Made?

After a complaint is made, the DPH will investigate it. The time table for the investigation will vary and is based on the policies of the DPH office handling the case. Very serious complaints are usually expedited.

Conclusion

It is everyone’s responsibility to report any issues of nursing home abuse or neglect to the appropriate authorities immediately. Reporting such crimes not only keeps the nursing home resident in question safe, but it can also prove to be helpful to other residents in the future.

If you or your loved ones were a victim of nursing home abuse or neglect and have already reported your complaint to the proper authorities, you may be entitled to compensation. Contact us today and let one of our Orange County Nursing Home Abuse and Neglect Attorney fight for your rights.

Additional Resources

Link to Online Complaint Form: https://hfcis.cdph.ca.gov/LongTermCare/ConsumerComplaint.aspx

Link to Research Complaints Against Nursing Homes: http://hfcis.cdph.ca.gov/search.aspx?st=l|1

Aspiration Pneumonia & Nursing Homes

Moran Elder Law — Tue, 10 Jan 2012 04:42:00 GMT

Aspiration Pneumonia is a serious illness that can happen to anyone, regardless of their age. Elderly individuals and those who have difficulties swallowing are generally the most susceptible to this illness.

How does Aspiration Pneumonia Occur?

Aspiration Pneumonia occurs when a foreign material, such as vomit, liquid or food, makes its way into a person’s lungs. When that happens, it commonly leads to irritation, inflammation, infection or even a partially collapsed lung.

Older individuals, such as those in living in nursing homes, are at risk of developing Aspiration Pneumonia because many residents are already suffering from other diseases and/or illnesses that make it difficult to swallow.

Signs of Aspiration Pneumonia

Please keep in mind that although a person may exhibit one or more of these signs, it does not mean that they are suffering from this illness. Trained medical professionals will be able to properly diagnose the individual.

Signs of this Aspiration Pneumonia include:

Skin discoloration (blue in color)
Chest Pain
Fever
Cough (may be a foul smell or contain pus or blood)

How can Nursing Homes Protect Their Residents?

Nursing homes should identify residents who run the greatest risk of developing aspiration pneumonia. Once they identify these individuals, the nursing home should take extra precaution to help and protect them from this illness.

Common precautionary measures include careful food preparation. The nursing home will need to prepare foods that these at-risk individuals are less likely to choke on, for instance, thick, cool liquids. Having these residents use straws can also be helpful because they help reduce the amount of liquid a person can swallow at once.

Pureeing foods is another way nursing homes can help reduce the likelihood of its resident’s developing Aspiration Pneumonia.

Orange County and Los Angeles Nursing Home Abuse Attorney

It is the responsibility of nursing homes to protect their residents from harm, including Aspiration Pneumonia. This very serious condition often results in hospitalization for elderly patients and can even lead to death.

If your loved one fell victim to Aspiration Pneumonia while staying at a nursing home, and you live in the Los Angeles or Orange County area, please give one of our nursing home attorneys a call today.

Wrongful Death Resulting from Nursing Home Abuse & Neglect

Moran Elder Law — Wed, 04 Jan 2012 01:33:00 GMT

If you suspect that your loved one died as a result of gross negligence or nursing home abuse, you have the option of pursuing legal action.

Often times, subpar nursing homes leave telltale signs of neglect and abuse on innocent victims. If any of these go unchecked, it can lead to serious injury and even death.

Bedsores – Wounds that occur when a patient lies in the same position for extended periods of time. If staff members do not rotate patients every two hours or so, these wounds can worsen and become infected.

Assault – Unfortunately, we hear about this sign more than we should. Certain staff members take out their frustration on defenseless elderly patients. Assault can range from physical abuse, such as slapping or punching to sexual abuse.

Slip and fall – Frail patients need even more assistance and attention than other patients. If a frail patient is neglected or not accompanied when walking, he or she can have a serious fall, resulting in bruising, broken bones or even death.

Medical misdiagnosis – This occurs when a doctor over medicates a patient in order to keep them compliant or carelessly prescribes medications that can give a patient a fatal adverse reaction.

Improper or excessive use of restraints – Restraints are sometimes used in order to prevent a distressed patient from harming him or herself. However, when the restraints are too tight and / or left on for too long, this can result in broken bones or internal bleeding.

Malnutrition – The body heals properly when it's nourished and hydrated. When elderly patients are deprived of nutrients and water, they become weakened and their health will continue to deteriorate.

Dealing with the death of a loved one is hard, particularly if it was a result of negligence or abuse that occurred in a nursing home, two things that should never happen at all.

If you suspect abuse or neglect of any kind, contact the nursing home's ombudsman or local authorities immediately. With the help of authorities and our professional team of nursing home abuse attorneys, we can help seek justice for your loved ones.

Adult Protective Services - Who Are They And How Can They Help?

Moran Elder Law — Thu, 22 Dec 2011 04:22:00 GMT

Elder abuse is not something that should happen, though it occurs every day across the country. In fact, according to Adult Protective Services in California, there were nearly 110,000 reports of abuse across California in the 2006 to 2007 fiscal year.

What is Adult Protective Services? What does the organization do?

Adult Protective Services (APS) is an organization that protects older adults and those with disabilities from neglect, exploitation or abuse. The organization investigates reports that are filed by, or on behalf of, individuals who reside in places such as personal residences, hospitals and health clinics, as long as the accused is not a staff member.

For cases or reports of abuse that occur in a nursing home, residential facility or other long term care facility, they will need to be directed to the appropriate site's Ombudsman's office, which is administered by California's Department of Aging.

APS is designed to protect the elderly or dependent adults, regardless of their personal income levels. If you suspect that your loved one may be a victim of abuse, Adult Protective Services will assign a caseworker to help with the following:

Investigation – Who is the victim? Is there any evidence of abuse, neglect, or exploitation?

Reporting – Upon completing the investigation, the caseworker will begin reporting his or her findings to the appropriate authorities.

APS coordinates regularly with, and requires support from, various government agencies including public health and law enforcement, as well as the public.

How do you report elder abuse?

If you want to report elder abuse, please contact your local APS office by clicking here. You can also report abuse to your local law enforcement agency.

LA County residents can call (877) 477-3646 or (877) 4-R-Seniors. Orange County residents can call (800) 451-5155.

Summary

The elderly and dependent adults have the right to live in a safe environment, without fear of, or becoming a victim of abuse, exploitation or neglect. With that mission in mind, APS will work hard to investigate, report and coordinate services that are available to family members and help them through these difficult times.

Nursing Home Abuse in California

Moran Elder Law — Tue, 06 Dec 2011 00:05:00 GMT

The subject of nursing home abuse is one that touches the heart and sparks outrage. People are afraid to put their elderly relatives in a nursing home for fear that the relative will be mistreated or neglected – both are forms of nursing home abuse.

However, it is inevitable that many more seniors will eventually become a resident of a nursing home as the Baby Boomer generation begins to retire.

But what constitutes as nursing home abuse?

Abuse can come in many forms such as being physically abused, yelled at or denied medications. Often, many cases are never reported or discovered until it is too late.

While nursing home abuse is not limited to one state, the state of California records a lot more incidents of nursing home abuse than most others simply because of the number of residents and homes that are available in the state.

Statistics from the California Office of the Attorney General have revealed that residents in California nursing homes are restrained physically and chemically (by drugs) more than twice as often as other states nationwide. Furthermore, many of the nursing homes in California are not equipped or well staffed to take care of the residents, yet they continue to operate.

Just as alarming, nursing homes in California have been found falsifying medical records for Medicare patients. Falsifying medical records as well as perpetrating Medicare scams is not a new to the nursing homes in California and in homes across the nation.

Recently, a lawsuit was filed on behalf of nursing home residents who were denied insurance coverage because they were classified by the hospital as being under observation in a hospital setting prior to the nursing home placement, rather than classified as inpatients. Being classified as an inpatient would have given the insurance company cause for covering nursing home placement but instead, the elderly patients were denied coverage.

Elders should never be exposed to the incidents that occur in these nursing homes every day. With more cases of elder abuse being reported each year, and with the increasing need of these nursing homes, it is important that you thoroughly research the nursing home you intend on placing your loved one in as it will help reduce chances that your loved one will be abused.

Helpful Tips on How to Prevent Elder Abuse

Moran Elder Law — Tue, 29 Nov 2011 00:05:00 GMT

It is unfortunate that many seniors during their last years are often abused, not only in nursing homes, but oftentimes also by a family member who is entrusted to care for them.

Neglect for their well-being is not just limited to cleanliness. Seniors can also suffer from emotional and physical abuse. Many times, this form of abuse comes from the hands of someone they trust the most, another family member. The most disturbing fact is that most cases are never discovered.

The most effective way to reduce or prevent nursing home abuse is to research the facility beforehand. With the internet at your disposal it is easier than ever to research the places you are thinking about placing your elder relative into.

When reviewing the facility, make sure that you find out not only which places offer more amenities, but also review the history of the facility and to see how many cases of elder abuse have been reported. This process will help to eliminate any locations that may have a record of alleged nursing home abuse.

When it comes to a family member who is providing the care, make certain that this family member is not just doing it for the money. Many people who take on the burden of an elderly relative are simply doing it for the income. If you have had past experiences where the family member has displayed any type of temper toward the elderly relative or has had issues with control, you may want to refer the senior to either another relative or a nursing home that is equipped with trained professionals who have compassion for seniors.

Preventing elder abuse is possible if you are aware of the signs to look for. Choose a facility carefully by reading up on the history. In addition, ensure that family members who take responsibility for the elderly have no ulterior motives, such as profiting from the caretaking. Any signs of abuse should be thoroughly investigated. By taking precautionary measures and being proactive, you can protect your elder from becoming another victim of elder abuse.

Pressure Sores: Are They Signs of Elder Abuse?

Moran Elder Law — Wed, 23 Nov 2011 15:00:00 GMT

There are many signs of elder abuse that can prove whether neglect or physical abuse occurred. One common sign is pressure sores.

When relatives discover pressure sores on their loved ones, it is very easy to jump to the conclusion that the patient is being abused. However, this may not be true in all instances and should warrant further investigation before any complaints are filed.

What are pressure sores?

Pressure sores are also known as bedsores – an open skin wound. Pressure sores are caused by consistent pressure placed to an area, most commonly occurring around the bony areas such as ankles, heels or the wrist.

This pressure placed on the bottom becomes too much for the skin, tissue and muscle to bear. After prolonged pressure, the entire affected area becomes injured, resulting in the skin breaking open. Bedsores are very difficult to treat because the affected area is never fully free from pressure.

Does the existence of a pressure sore constitute abuse?

In the case of bedridden patients who are unable to move – such as those with multiple sclerosis – pressure sores may not necessarily be a sign of abuse. Rather, in this instance, pressure sores are a result of the stationary position the patient remains in and are very common. Elders with mobility problems may be moved into several different positions on a regular basis, but if the staff is not diligent in moving the patient, these pressure sores will eventually develop.

When it pertains to a case of neglect, where a patient is deliberately left in a single position or physically restrained, the pressure sores will not only develop, but they will worsen without proper care. Severe pressure sores that have not been treated are more likely to be an indicator of abuse.

When it comes to determining whether pressure sores are a sign of elder abuse, the circumstances should be considered. Patients with mobility problems are more prone to pressure sores than patients who are able to move on their own. However, the presence of pressure sores on any patient should be taken seriously as they can lead to further damage if they are not treated promptly.

How to Identify and Report Elder Abuse

Moran Elder Law — Wed, 16 Nov 2011 02:43:00 GMT

Every year, the elderly receives either in-home care or are placed in nursing homes. The last thing a loved one wants to worry about is whether or not their loved one is receiving the proper care.

Unfortunately, seniors are either abused or at the very least, neglected, more frequently than we think. Signs of abuse or neglect are often difficult to spot because victims tend to be afraid to speak out against the abuse.

If your loved one suffers from Alzheimer’s or other mental illnesses, he/she may not remember that the abuse even occurred. This makes it difficult for authorities to take action since it is likely never reported.

Placing a loved one in a nursing home can be a difficult decision to make. In order to reduce the risk of abuse, family members and friends are encouraged to visit loved ones frequently. Patients who have fewer visitors can become more susceptible to nursing home abuse.

Identifying Elder Abuse

There are many safety checks that people can help perform to help identify elder and nursing home abuse. The following list contains common warning signs:

Bed sores;
Bruises, welts or frequent visits to the ER for fractures;
Fear or sadness when someone enters the room;
Severe loss of weight; and/or
Unhealthy appearance, dirty clothing, messed hair, etc.

Reporting Elder Abuse

If your loved one exhibits any of the signs listed above, report it immediately to nursing home personnel and authorities (e.g. local police), as appropriate. Additionally, file a complaint with the nursing home’s Ombudsman and with Adult Protective Services.

When filing the complaint, it is imperative to document the abuse as detailed as possible. Take photographs of the injuries, if possible, and ensure that the loved one receives appropriate medical attention immediately.

If you suspect elder person is in immediate danger, call to 911 or their local police department as soon as possible.

Together, we can work together to help fight elder and nursing home abuse.

Elder Law Attorney Blog

Elder Law Attorney — Thu, 10 Nov 2011 17:18:00 GMT

We are pleased to announce the launch of our new Elder Law Blog and RSS feed here!