Elder Abuse BLAWG

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Dec 29, 2020

Editorial on Gullibility of Seniors to Scams

Personal injury lawyer winks as she signs an unsuspecting client.
California injury attorney Michael P. Ehline, Esq, discusses the recent scientific study regarding the ability of elders to detect scams & unsavory characters.
Dec 29, 2020

Mom, Dad, Aging and Financial Protection

Black eye
Senior abuse or elder mistreatment.
California elderly abuse lawyer talks about the different problems and solutions associated with the abuse of seniors and dependants.
Dec 29, 2020

Big Cities and Elder Abuse Concerns

Woman being abused in a wheelchair
Nurse hits woman
New York and Los Angeles Have Many Common Concerns In Elderly and Nursing Abuse situations. EhlineLaw.com
Jan 20, 2019

A Guide to Choosing a Safe Nursing Home

Caring nurse holding kind elderly lady's hands in bed.
Caring nurse holding a kind elderly lady's hands in bed.
Caring nurse holding a kind elderly lady's hands in bed. Nursing homes are long-term care and living facilities for the elderly and disabled. Often these people are your parents. And they can be provided care by a trained and experienced staff member of the care facility. This care is an option for the older individual. This is a person who cannot live alone any longer. Often they require assistance with daily care. There are over 1.6 million Americans currently living as residents of nursing homes and assisted living facilities. Nursing homes number more than 16,000 in the United States. In addition, some have as few as 30 residents, while others have hundreds of residents. Selecting a Nursing Home—the Guidelines When faced with placing a loved one in a nursing home, there are some guidelines that while simple may prevent putting them in a long-term care facility where there is the possibility of nursing home abuse in Long Beach, California. The first step is to visit several nursing homes Pay close attention to the residents; do they have a clean appearance? Are their clothes clean and neat? Furthermore, are they active, talking and moving about, or are they in their rooms in bed? Are there enough nursing home employees to see to the needs of the residents and provide adequate care, or do they lack in nursing home staff? Is the nursing home within your budget? The other steps to take and things to look for should include: Whether the residents seem drowsy from possible sedation? Look into how home keep residents physically restrained and why. Does it seem like a valid reason? Check into the type of care the nursing home will provide for your loved one. Ensure your loved one will receive the type of care that they require. Investigate if there have been any complaints reported to the police or the health department about the care of residents or nursing home abuse, at any of the nursing homes you are considering. Taking these steps, along with other precautions when selecting a place for your loved one, can help ensure they will be a resident of a nursing home where they receive the proper care. The idea is that they not become subjected to nursing home abuse of any form. Nursing Home Neglect In Long Beach, California nursing home neglect involves caregivers not providing the proper care of the elderly residents in the facility or fails to protect them from harm. Caregivers are charged with providing care that the resident does not harm themselves. Because due to diminished mental capacity or physical limitations they can get injured by another resident of the nursing home for example. Nursing home residents may suffer bodily harm, mental abuse or sexual assault by a staff member too. Also, they can become financially exploited. Hygiene and Nursing Home Attendants Personal hygiene is essential for the nursing home resident, and it plays a role in the prevention of nursing home abuse. In Long Beach, California there are guidelines and procedures set by the Centers for Medicare and Medicaid outlining good hygiene practices for nursing home attendants and staff. In cases where these guidelines for good hygiene are ignored, it is usually due to carelessness or laziness. Lack of cleanliness for nursing home residents puts them at risk for both health issues and elderly abuse since they are dependent on the attendants. Hygienic Practices In a California nursing home, hand hygiene and other hygienic practices are essential for the residents and the staff. Many of these nursing homes have been cited, due to complaints about their hygienic practices to the Health Department. When health inspectors investigated these complaints, they found there is not adequate staffing, which causes part of the problem in the charges. Furthermore, the other part of the problem is that the homes do not follow the sanitary standards. Nursing Home Abuse Resolution If you are still unable to mitigate the potential of an inadequate care provider for those on their last leg in life, it is time for step two.  Step number two, when nursing home abuse or neglect have affected a loved one, it is time to call Ehline Law Firm. These California advocates should be consulted to protect the rights of your family member.
Jan 14, 2019

The Growing Problem of Nursing Home Abuse

Elder abuse senior woman being shouted at by nurse
Elder abuse concept with a senior woman in a wheelchair crying and covering her ears as a middle age nurse or other health care worker is yelling at her.
Elder abuse concept with a senior woman in a wheelchair crying and covering her ears as a middle age nurse or other health care worker is yelling at her. Nursing home abuse is a growing problem. To illustrate this, at least two recent studies show how prevalent this treatment of elderly adults is. Nursing home abuse is an increasing problem. One of the studies included both elderly citizens and nursing home staff. Even some nursing home staff members had seen elderly abuse by other staff members. Attorneys help even the odds in all cases, and sometimes that is the only thing that exposes the harm to the court and regulatory systems. What Are Some Recent Case Studies? The National Center for the Protection of Older People at the University College Dublin found in their research that over one in four employees had witnessed psychological abuse. This kind of ill-treatment includes treatment such as shouting, swearing or insulting the elderly resident at a nursing home. And this is heinous enough, but to make elderly nursing home abuse even worse, one in eight employees had witnessed physical abuse of residents. So this involves pushing, shoving, pinching, grabbing or unnecessary restraint of residents. Theft by Caretakers This was an in-depth study, including over 1300 nurses and healthcare assistants from 64 nursing homes. The data from the research showed that physical and mental abuse was not the only crimes. There is also the fact that 1.2 percent of staff members have been seen by other employees taking valuables from residents. Gullibility of Seniors Many a nursing abuse law firm argued in court that elders are susceptible to being scammed. At least one recent study that was conducted by the University of California, Los Angeles, supports this argument. It focused on the brain of the elderly and found significant differences in the significant areas, compared younger patients. The study used participants from a senior living center between the ages of 55 and 84, and then they used staff members and students between the ages of 20 and 42. They found that when showing the two groups a series of photographs, with individuals who appeared trustworthy and others with a shifty appearance, there was a tremendous difference in reactions in the brain of both groups. The younger participants were able to quickly identify the people in the photos who should not be trusted The elderly group of members did not have the same gut reaction. "Gut Reaction" Response Seems to Disappear in Elder Brains Further, testing using an MRI showed that the part of the brain known as the anterior insula in older participants lacked activity, wherein the younger participants there was a flurry of activity. The anterior insula is the part of the brain that “gut reactions” come from. So this makes you feel ill-at-ease or stressed, to pick up behaviors, and helps you in making difficult decisions. This lack of anterior insula activity, researchers determined, makes it difficult for the elderly citizen to recognize the appearance and behavior signals of being scammed. This puts them at risk that can: Cost them their life savings Bring them in physical danger. These are only two of the recent studies concerning nursing home abuse. They show possible reasons that nursing home abuse and scamming of elders occurs so often. Some abusers know no empathy. What are Some Recent Cases of Abuse? Recently, two nurses were held responsible for felony elder abuse of a nursing home resident who succumbed to the lack of proper care. One of the staff involved was a registered nurse and director of nursing at the now defunct El Dorado Care Center. This now-closed location is where the alleged abuse occurred. When the resident was taken to the hospital, the ER documented injuries, other than the reason for being admitted to the hospital, which included bruises and a wound on her pinky finger. The nursing home owner, Horizon West Healthcare Inc., when held accountable, settled the claim for: $3 million Sold 27 nursing homes it owned In civil court, the husband of the elder abuse victim, as a part of his lawsuit, claimed the nursing home was understaffed to maximize profits. What About The Unreported Abuse? These nursing home employees were held accountable in the above cases. However, there are thousands of cases of nursing home abuse, with what is believed to be approximately half or more never reported to authorities. This silence is because in most cases, the nursing home resident feels defenseless. They do not believe they have an avenue to stop the mistreatment, so they live in fear of the abuse. And this is what the nursing home staff member, who won't give proper care, counts on. Often the elder abuse only comes to light because of the family members who recognize the signs! So they are forced to go to the authorities and perhaps an elder abuse lawyer. But what about the elder who has no immediate family or friends to raise the alarm? What do they do? Where is the oversight? Lobbying Sacramento is one way to help reel in the mistreatment. But civility and empathy are the only way to end harm to our seniors. Obviously, there is a lot to this. Of course, there are many excellent care providers. But all it takes is one weak link in the chain, and the whole house of cards comes tumbling down. Be forever vigilant about the abuse of seniors. An elderly law abuse attorney can help even some of the odds, as noted above. If you need help with an elderly abuse law question, use our online contact form, or call Ehline Law Firm Personal Injury Attorneys, APLC at (213) 596-9642.
Jan 9, 2019

Forms of Elder Abuse - Exhaustive List

Caring nurse holding kind elderly lady's hands in bed.
Caring nurse holding a kind elderly lady's hands in a hospital bed.
Injured Senior Citizen? Learn about the many forms of nursing home care facility and elderly abuse. (213) 596-9642.
Jan 3, 2019

No Charges in Nursing Home Abuse Case—with Camera Evidence

California law dealing with those citizens in declining health
Action Alert - Ehline Law Reports that Ontario man is sick over apparent abuse of an elderly parent Nurse hits woman The son shocked over the treatment of 85-year-old mother in a Peterborough, Ontario nursing home. And he is even more devastated that the house and its monster employees, will not be facing criminal charges. Although this case happened in Canada, we wanted to demonstrate that even in so-called "un-greedy" socialist countries, physical, mental and outright criminal abuse against patients is a widespread allegation. Some would argue that the state will go out of its way to protect fellow government agencies and health care providers from lawsuits or criminal charges in a state-run society. Is that the case here? Although this case happened in Canada, demonstrate that even in so-called "un-greedy" socialist countries, physical, mental and outright criminal abuse against patients is a widespread allegation. Son is "Sick" About the Treatment of His Elder Mother in a Care Home According to Camille Parent, he is sick about the fact that the nursing home will not be facing charges, even though video camera footage was shown, of his mother is what he termed “manhandled.” At one point the video shows a dirty cloth being "shoved" into his mother’s face. Although there are more than 5000 hours of video, see for yourself a few snippets of a feces-covered cloth into mother's face. Note she is an Alzheimer's patient. Parent said he is confused that no charges on the nursing home staff at St. Joseph’s at Fleming nursing home, where his mother is a resident. The woman identified by her son as Hellen MacDonald, a resident at the nursing home, also has dementia. He said that he began noticing scratches and bruises earlier this year on his 85-year-old mother. Parent said he made complaints to the management, but he continued to see injuries, so he placed a hidden camera in MacDonald’s room. During four days, Parent said the video showed his mother being mistreated by the nursing home staff. The abuse included: MacDonald maltreated while getting her diaper changed. A dirty cloth shoved in the 85 year-olds face by a staff employee. A nursing home employee is blowing his nose on MacDonald’s bed sheets. Two of the employees were making out in his mother’s room, while she was in bed. Another nursing home resident was entering the room and rummaging through his mother’s things. No Charges Against the Nursing Home—is it Special Protection for Elder Abuse? The police said they were not pressing charges. What does the parent want to know why? He wants to see charges and wants to know why the elderly in long-term care are not protected and why no charges filed. The Ministry of Health investigated the nursing home and found several violations of the Long-Term Care Act.  they fired the four employees from the video. That the parent feels the police have failed in providing any reasons for their decision, they didn't file any charges. The Crown Attorney invited him to a meeting on Friday. If there are no current laws that the nursing home and staff cannot be charged, Parent argues for stricter legislation  helping prevent similar types of abuse. MacDonald’s son stated that he has not decided whether he will ask another police force to conduct an independent investigation into the nursing home abuse. But If a Human Did this to A Dog, Charges Would Be Filed The son rightly points out in the above video, that if this kind of stuff were done to an animal, the person who did it would already be in jail. Ehline Law Firm agrees. "Since before and even more after 2008, it seems like the U.S.  revered its view on humanity.  "Fish, frogs, dogs, and people in the country illegally, appear to have special rights that are not even afforded to humans and citizens," said Michael P. Ehline, who went on to say, "it is like Bizarro World from Superman." Does anyone doubt what the son is saying is true?  Watch the video! There is evidence of assault under California criminal and civil law.  Furthermore, there was an unconsented-to touching, that resulted in bruising and harm, there is even video evidence. In addition, there was also mental and physical anguish inflicted upon the woman. What more do the police need?  Ehline Law encourages you to share this article with your local Canadian and U.S. Lawmaker.  As an aside, in California, we have the Elder, and Dependent Adult Abuse laws and Ehline says: "there is no doubt that these nurses would be in jail, and that civil tort claims would already be working their way in the courts if this took place here"! The moral of the story is, get out there and support the son. Furthermore, this is shameful treatment of our seniors.  It could be your mom or dad next! In conclusion, take action. Sources: Police not laying charges over St. Joseph’s at Fleming footage: https://www.mykawartha.com/news-story/4067925-police-not-laying-charges-over-st-joseph-s-at-fleming-footage/
Jan 2, 2019

Nurse Enters No Contest in Elder Abuse Case

The nurse's plea raises a spotlight on the working conditions of nurses and the stress patients as well as caretakers undergo.
Aug 9, 2013

How Do Victims of Negligent Pressure Sores Get Legal Help?

Ulcer cut away graphics.
Decubitus Ulcer Graph. Enlargement and pressure ulcer injury.
Pressure sores stages are many. Pressure wounds commonly are found on feet. So when looking, doctors view for pressures sores on heels. Prosecutors are looking for abuse look at pressure sores pictures. And this brings us to the million-dollar question. What are pressure sores causes? Many sons and daughters have suspicions over their parent's care. After all, mom and dad are seniors now. They are in elder care facilities and ready to pass into twilight. One question families ask nursing home abuse attorneys is, "are these pressure sores common?" Or "is it normal for my parents to look so bad?" So to answer these questions, specific signs of abuse versus typical wounds that would happen anyway. Causes of pressure sores can be conventional or due to abuse. Obviously, if the elder has broken down skin tissue, it can turn into an open pressure sore. So this article discusses the causes and symptoms of pressure sores. These ailments affect many seniors under nursing care. Decubitus Ulcer Graph. Enlargement and pressure ulcer injury. Table of Contents: Adults with Pressure Sores Potential Health Conditions that Lead to Pressure Sores Skin is Delicate Where does Broken Skin Lead? Call Us Pressure Sores in Older Adults. Few health conditions can cause pressure sores absent good care. Pressure sores appear on mature adults if confined to a bed or a wheelchair. And most of the time, they do not have assistance to move. In particular, pressure sores on toes can keep a person bedridden. So circulation gets cut off. Most of all, pressure from the bones cuts blood flow under the pinched skin. Common Locations for Pressure Sores. Bony areas such as the hip are common areas for sores. Also, the buttocks, the sides of the knees, heels, or shoulders are at risk. Circulation gets cut off by the weight of the bones. So sandwiched skin gets impinged between two hard surfaces. One, the bone, and two, a bed or a wheelchair, for example. The skin on the aged adult is delicate. And it can become damaged quickly from the loss of circulation. Unless you take steps, such as using pillows, the risks increase. Nurses must use lambswool on the heels and between the knees. So caretakers must take steps to stop pressure sores from forming. Keep the Skin Clean and Moist. One of the ways to keep pressure sores from forming is proper skincare. Most of all, you must keep your skin clean and moist. And you must maintain excellent blood circulation. Maintain Blood Circulation. Improved circulation means moving a bedridden patient at intervals. Also, doing a daily range of motion exercises helps. In any case, this allows nutrients and blood cells to circulate. And it lets the skin breathe easier. Methods to Help Blood Circulation. Nurses have many tools available to care for ailing patients. To help with human blood flow, proven and secure methods exist. Placing a pillow or lambswool between the knees is a proven method to improve the blood flow through the circulatory system. Most of all, this keeps the bones in the knees from pressing against the skin of the opposite knee. But this is one example of how impingements can stop circulation. Broken Skin Is a Sign of Serious Injuries. Illness such as a stroke can confine an older person to bed or a wheelchair. By and large, this is due to paralysis. Signs of the breaking down skin are visible. First, the skin will exhibit red spots. And if poor circulation continues, the skin turns deep red, black, or purple. Also, it tends to hide, and then the tissue underneath will die from lack of circulation. Unique Risks Inherent in Seniors. The loss of circulation at any age can cause problems. But in the aged person, it worsens. All things considered, older skin is delicate. And it will break down much faster than someone younger. If the home health agency has elders with pressure sore signs, this is a red flag. So this might be the time to question changing health care providers. Pressure sores treatment should all have been at play before it got to this point. But voice these concerns to a lawyer experienced in elder abuse laws. This person can hold the personal care agency liable under the law. Get Help. Contact an experienced elder abuse lawyer for help. Call (213) 596-9642.