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 [...]
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By: Christopher C. Walton, Attorney at 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 [...]
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By: Matthew A. Paré, Attorney at Law
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 [...]
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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 [...]
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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 [...]
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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 [...]
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By: Matthew A. Paré, Attorney at Law
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 [...]
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By: Matthew A. Paré, Attorney at Law
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 [...]
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By: William M. Berman, Managing Partner of Berman & Riedel, LLP
LOS ANGELES, CALIFORNIA - A passerby spotted the body of an elderly man in the bushes to the side of the southbound 405 Freeway near Wilshire Boulevard in Los Angeles. The victim, yet to be identified, appeared to be in his mid-60s, and was [...]
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