Elder Abuse Nursing Home Blog | California Nursing Home Attorneys Berman & Riedel, LLP

Budget Appropriations Aimed to Help Prevent Elder Abuse and Neglect

WASHINGTON, D.C. – Earlier this month, the Administration on Aging (AoA), a division of the United States Department of Health and Human Services, announced that its budget for Fiscal Year (FY) 2009 is $78 million more than it was last year. The AoA’s budget was part of the Omnibus Appropriations Act signed into law by President Barack Obama on March 11, 2009.

The increases in the budget were made to further President Obama’s efforts to help people and communities cope with the economic crisis facing our country. They include significant increases for nutrition (particularly home-delivered meals to the elderly), as well as home and community-based services. Also, there are notable increases in funding for programs which support home caregivers and long term care ombudsmans programs which provide assistance to nursing home residents and their families.

The additional appropriations directed to support AoA programs and services could not have come at a better time. “These increases, in particular those for nutrition and home and community-based services, are greatly needed at a time when many older Americans and their families are struggling to make ends meet,” said AoA Acting Assistant Secretary Edwin L. Walker. The increased funding “also continues to move our national aging services network forward in its efforts to help older Americans stay healthy, remain at home in their communities, avoid costly nursing home stays, and reduce health care costs, “ said Walker.

Elder abuse and neglect can occur even in the best of economic times, but, unfortunately, when people are worried about meeting financial obligations, the conditions are ripe for elder abuse and neglect to increase. This much-needed additional funding to protect our rapidly aging population will go a long way to relieve the stress elderly adults and their care providers are facing and, hopefully, decrease the potential for instances of elder abuse and neglect to occur.

Kelley Riedel is a Partner with the San Diego, California, based law firm Berman & Riedel, LLP, which has built a reputation in the State of California for being among the leading firms in California in representing victims and families who have suffered personal injury or wrongful death through acts of elder abuse and neglect. For more information about the law firm, visit its website at www.preventelderabuse.com.

By kriedel

Fresno County Nursing Home Issued Most Severe Citation Under State Law

FRESNO, CALIFORNIA – Raintree Convalescent Hospital, a 49-bed nursing home, was recently issued a “AA” citation and fined $80,000 by the State of California, the most severe penalty under state law. According to the Department of Public Health, the facility failed to follow its own policies and procedures for the administration of a prescribed patient diet, directly resulting in the patient’s death.

According to the report issued by the state, the patient was on a very specific diet that required soft food to prevent choking. Records obtained from the facility indicated they were specifically aware that the patient had a history of dysphagia (difficulty swallowing). Unfortunately, even in light of this known risk, the facility still served the patient a tray of food with two whole meatballs. The patient, who suffered from dementia and schizophrenia, attempted to swallow the meatballs and essentially choked to death.

Berman & Riedel, LLP, has established itself as one of the most successful elder abuse and neglect litigation firms in California. The attorneys and staff are experienced in handling these complex claims and are dedicate themselves to helping victims of abuse and neglect obtain proper compensation and justice for the wrongs they have suffered.

William M. Berman is an attorney with the firm Berman & Riedel, LLP, an elder abuse and personal injury litigation firm. Mr. Berman handles elder abuse and neglect cases throughout the State of California.

By wberman

The Oft Forgotten Financial Elder Abuse Reporting Act of 2005

SACRAMENTO, CALIFORNIA – The Financial Elder Abuse Reporting Act of 2005 is an important piece of legislation that can be used to prevent financial elder abuse. The Financial Elder Abuse Reporting Act of 2005 specifically added employees of financial institutions – such as banks, credit unions, and savings and loans – as mandated reporters of financial abuse perpetrated against elder and dependent adults. Under such Act, if an employee of a financial institution fails to report suspected financial elder abuse, a fine of up to $1,000 can be imposed on the financial institution. A fine of up to $5,000 can be imposed if it is determined that the failure to report suspected financial elder abuse was willful.

Financial abuse is the fasted growing form of elder abuse and California has more residents over 65 than any other in the nation. Over 200,000 Californians are victims of elder and dependent adult abuse each year, yet only one in 100 cases are reported.

Berman & Riedel, LLP is first and foremost an advocate for the elderly, working tirelessly to promote awareness and recognition of the serious elder abuse and neglect problem that plagues the State of California. Our attorneys are experienced in this complex area of law, and have the knowledge necessary to provide you with the absolute best possible representation. If you or a loved one has been the victim of elder abuse or neglect, please contact an attorney at Berman & Riedel, LLP for more information on how to best pursue your legal rights.

By wberman

Mental Patients a Threat to Nursing Home Residents

A troubling modern trend has recently emerged where younger and stronger mentally ill patients are being housed with the elderly in nursing homes. On some occasions this has resulted in attacks on the elderly by their mentally ill roommates at the nursing homes. The primary reason for this increase has been the financial savings that comes from housing these people together. However, when insufficient protective measures are taken the elderly are put as risk.

Fortunately, California has strong state laws that protect against elder abuse in nursing homes. Physical abuse in the form of preventable attacks from another resident can form the basis of a lawsuit against the facility. Simply by having sufficient staffing such incidents can sometimes be prevented, and yet oftentimes the facilities do not have the requisite staffing levels. The victims of elder abuse may be entitled to substantial money damages.

Berman & Riedel, LLP is a leading law firm in California focusing its practice on elder abuse/neglect. The attorneys at Berman & Riedel, LLP have been able to negotiate staggering settlements on behalf of the elderly when they have suffered abuse or neglect. If you believe you or a family member has been a victim of elder abuse please contact an attorney at our firm an evaluation of your potential case.

By wberman

Jury Awards $11 Million Verdict in Assisted Living Case

PHOENIX, ARIZONA – An jury awarded a verdict of $11 million today to the widow of a man with traumatic brain injury (TBI) who died after ingesting foreign objects while being cared for by Liberty Manor Residency, an assisted living facility. The verdict included $4 million in punitive damages and is believed to be the largest veridcts ever rendered in Arizona against an assisted living facility.

The plaintiff saw it as a victory for all individuals suffering from TBI and living in assisted living facilities. The decedent in this case, Earl Scherrer, suffered TBI in a car accident in 1996. After being in a coma for many months, he was starting to come out of it with the help of his loving wife. On April 7, 2006, his wife put Mr. Scherrer in the assisted living facility to help with his care, and exactly one month after that when she brought her husband home with her Mr. Scherrer began vomiting a mysterious black substance, and then died in her arms.

The autopsy revealed that Mr. Scherrer had apparently injested numerous non-food items while under the care of the assisted living facility, including plastic bags, unopened ketchup packets, candy wrappers, and paper towels. The obstruction that these caused in Mr. Scherrer’s gastrointestinal tract resulted in his death. The investigation also revealed numerous cases of false documentation of Mr. Scherrer’s care.

It is through verdicts like these that assisted living facilities for the elderly and depedent asults will be forced to treat their residents with higher standards of care. Particularly because these individuals are often defenseless, it is sometimes necessary for the family members and attorneys to ensure justice is done. Berman & Riedel, LLP has successfully brought numerous lawsuits against assisted living facilities under similar circumstances, and recovered substantial amounts in settlements. If you or a loved one has been neglected or abused at an assisted living facility an attorney at Berman & Riedel, LLP can analyze the situation and pursue all legal remedies. Our attorneys are available for a free consultation.

By wberman

Proposed U.S. Legislation Seeks to Curtail Elder Abuse and Neglect

By: U. Kelley Riedel, Attorney at Law

WASHINGTON, D.C. - In an effort to protect the health, safety and welfare of the United States’ elderly population, Congress has been busy since beginning the 2009 terms and has submitting a number of bills aimed at curbing the rise of Elder Abuse and Neglect in our country. In its first action, the U.S. House of Representatives submitted a bill titled “The Elder Abuse Victims Act of 2009” (H.R. 448) on January 9, 2009 to “protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid victims of elder abuse, to provide training to prosecutors and other law enforcement related to elder abuse prevention and protection.” H.R. 448 also seeks to “establish programs that provide for emergency crisis response teams to combat elder abuse.”

This bill, which has been submitted to the Judiciary Committee for review and revision, seeks up to $30 million in funding for preliminary studies and investigative research on state and federal laws regarding elder abuse and neglect, long-range plan developments for state and federal elder abuse programs to detect and prevent elder abuse and neglect, intervention and treatment of victims of elder abuse, and to make any revisions necessary to improve the elder justice system in the U.S. It also awards grant money to eligible entities who study the special needs of victims of elder abuse, neglect and exploitation, as well as grants to provide training, technical assistance and other types of support to law enforcement, local prosecutors and courts handling elder justice-related cases.

The House also introduced a bill to provide much-needed support to caregivers of the elderly. Titled, “The Elder Caregiver Support and Information Enhancement Act,” it seeks to “authorize additional appropriations for the family caregiver support program under the Older Americans Act of 1965.” This bill has been referred to the House Committee on Education and Labor, as well as the House Committee on Energy and Commerce.

The U.S. Senate has also introduced important legislation related to elder abuse and neglect. The “Registered Nurse Safe Staffing Act of 2009” (S. 54) seeks to “amend Title XVIII of the Social Security Act to provide for patient protection by establishing minimum nurse staffing ratios” at Medicare-participating hospitals. The bill recognized that understaffing of hospitals is a common occurrence with the aging population and corresponding increase in demand for elder nursing care, and also understands that a facility which is understaffed will not be able to provide adequate care for elders.

And in an effort to prepare for the anticipated increase in healthcare for the elderly with the rapidly-increasing aging population in the U.S., the Senate introduced S. 245 titled “The Retooling the Health Care Workforce for an Aging America Act of 2009.” The purpose of this bill is to “expand, train and support all sectors of the health care work force to care for the growing population of older individuals in the United States.”

By kriedel

Video-Conferencing Allowed Under New Elder Abuse Law

SACRAMENTO, CALIFORNIA – In 2004, the Supreme Court of the United States held that the use at trial of out of court statements made to police by an unavailable witness violated a criminal defendant’s Sixth Amendment right to confront witnesses against him. In Crawford v. Washington, the Supreme Court of the United States barred the tape-recorded, eyewitness account made to police by Crawford’s wife about her account of the circumstances that led to her husband stabbing a man he believed had tried to rape her.

Although the Crawford holding was decided under the context of a defendant’s rights under criminal law and criminal procedure, the decision has significantly affected the effectiveness of prosecuting elder abuse cases. The statements barred by Crawford are particularly important in an elder abuse case because victims often recant their statements, and, under certain circumstances, their immediate responses are considered to be more reliable than those they make later. Further, there is the additional problem of victims not being able to come to court because they are ill, debilitated, or have relocated.

On January 1, 2009, Assembly Bill 1158 went into effect allowing for the use of two-way video conferencing to examine witnesses who are unable to come to court. The law is intended to balance the interests of elder abuse victims who are unable to testify in court with the accused’s right under Crawford to confront such witnesses.

By wberman

Proposed Bills Designed to Protect California’s Elderly

By: Natalie B. DeClusin, Attorney at Law

SACRAMENTO, CALIFORNIA – Elderly persons are particularly vulnerable to mistreatment, especially those residing in nursing homes. To improve the protections offered to this demographic, two new bills have been introduced in California. The first bill (AB 392) is aimed at ensuring that local Long-Term Care Ombudsman programs can continue to investigate incidences of nursing home abuse by restoring state funding. The second bill (AB 215) would require skilled nursing facilities to prominently display quality of care ratings, thereby assisting families in choosing which nursing home in which to place their loved one.

AB 392 will reinstate $3.8 million in state funding for local Long-Term Care Ombudsman programs, funding which Governor Schwarzenegger previously vetoed. Local Long-Term Care Ombudsman programs advocate on behalf of elderly nursing home and assisted living facility residents, thereby protecting them from abused and neglect. As the only advocacy service of its kind, the Long-Term Care Ombudsman program carries out such duties as making unannounced site visits and investigating the thousands of complaints filed with them every year. Under 392, funding will be obtained using fines paid by facilities that have failed to comply with federal and state regulations. According to California law, these penalty accounts may be used in any way that directly benefits facility residents, which would include improving upon Long-Term Care Ombudsman programs.

Under AB 215, all long-term health care facilities that accept Medicare or Medicaid would be required to post the federal Center for Medicare and Medicaid (CMS) star rating in a location which is visible to the public. These ratings, which can be found on the CMS Nursing Care Compare website, are based upon health inspection results, staffing levels, and quality measures. Not only will posting these ratings provide nursing home patients, residents, and visitors with information that they perhaps did not even know existed or that they did not formerly have access to, but hopefully it will also cause these facilities to improve their performance in an effort to avoid being forced to publicly display negative ratings.

Berman & Riedel, LLP is first and foremost an advocate for the elderly, working tirelessly to promote awareness and recognition of the serious elder abuse and neglect problem that plagues the State of California. Our attorneys are experienced in this complex area of law, and have the knowledge necessary to provide you with the absolute best possible representation. If you or a loved one has been the victim of elder abuse or neglect, please contact attorney Natalie B. DeClusin for more information on how to best pursue your legal rights.

By ndeclusin

Novato, CA, RN Pleads Guilty to Elder Abuse

NOVATO, CALIFORNIA – Susan Dixon, a registered nurse in Novato, recently pleaded guilty to criminal charges of felony elder abuse for injecting a massive dose of morphine into her 80‑year‑old mother. The acts took place while her mother was under her direct care, and had she gone to trial on such charges and been found guilty, she could have faced up to nine years in prison.

The State’s investigation started back in 2007, when Dixon’s mother was at a skilled nursing facility recovering from a painful hip surgery. Her daughter, Susan Dixon, removed her mother from the skilled nursing facility and took her elderly mother home where she then began treating her mother without physician assisted supervision. A hospice employee who went to check on her mother found the elderly woman groggy and unresponsive. Luckily, after rushing the elderly woman to Marin General Hospital, her life was saved. It is believed that Susan Dixon took her mother out of the skilled nursing facility and began treating her without proper medical supervision as a means to save money.

Often elder abuse and neglect takes place at nursing homes, but it can also take place at home care. And as this situation demonstrates, such abuse and neglect may even occur by the hands of a family member.

Fortunately California laws provide strong protections for the elderly in the form of civil laws that protect the elderly. These laws are known as California’s Elder and Dependent Adult Civil Protection Act (“EADACPA”). If you or a loved one have suffered acts of elder abuse and neglect, the law firm of Berman & Riedel, LLP is available to analyze the facts of your situation and provide sound legal advice. If you believe you have such a claim, please contact on of our attorneys for a free consultation.

By wberman

Kern County Nursing Home Used Drugs that can be Deadly for Elderly

LAKE ISABELLA, CALIFORNIA – The California Attorney General’s office investigated the Kern Valley Healthcare District’s skilled nursing facility and found it to be engaging in serious acts of medical mismanagement through the over-prescribing and use of several different drugs. In particular, the use of the psychotropic drugs Zyprexa, Resperidol and Seroquel were being over-prescribed by the nursing facility. These drugs can be deadly in elderly patients, and the FDA has designated them with a “black box” warning label due to their known life-threatening side effects.

These drugs are often used to treat behavioral problems, but the overuse of these drugs can be considered abusive. The investigation of this Kern County skilled nursing facility resulted in the arrest of a physician, a nursing supervisor and a pharmacist. According to the attorney general’s office, at least 22 patients were overmedicated and three patients died. The excess medications were essentially being used to control the patients against their will.

In addition to criminal charges, when an elderly person suffers such an abuse in the form of over-medication they can bring a civil lawsuit and recover substantial damages. In fact, even after an elderly patient is deceased it is possible for the family to bring a lawsuit vindicating the rights of their family member. A wrongful death claim in such circumstances would also be viable.

If you have suffered personal injury through the improper provision of medication in a nursing home, or if your family has suffered the loss of a loved one from this type of over-medication abuse, our California elder abuse attorneys can discuss the possibility of a lawsuit. The firm Berman & Riedel, LLP is a leading law firm in California and handles claims dealing with acts of elder abuse and neglect. If you believe you have such a claim, please call and ask to speak with an attorney at our firm for a free and confidential consultation.

By wberman

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