It is unfortunate, but nursing home abuse and neglect is a far too common reality. When the time comes to consider whether to place a loved one in a nursing home, finding one that is safe becomes a primary concern. Many clients ask are county nursing homes safe. The fact is, every nursing home is different and there are certain protections if elder abuse is suspected. Here is what you should know.
Nursing home abuse and neglect
Regrettably, nursing home abuse and neglect are realities. When the time comes to consider whether to place a loved one in a nursing home, finding one that is safe becomes a primary concern. Many clients ask are county nursing homes safe. The fact is, every nursing home is different. So, it is important to do your homework. When it comes to county-run nursing homes, each county health department manages the safety and quality of care provided at each nursing home.
A pending case of elder abuse in Southern California
For residents of Los Angeles and other parts of Southern California, it is important to be familiar with the various protections available to seniors who are being subjected to nursing home and other forms of elder abuse. It has been reported that the California Department of Justice has arrested the owner and a former employee of a California assisted living facility. The charge was for the abuse of an elderly dependent adult abuse. Particularly, it has been alleged that a resident died as a result of serious nursing home neglect. As our elder abuse attorneys are aware, there are various legal protections that can be used to prevent further abuse.
Allegations surrounding the death of an elderly dementia patient
The allegations state that the victim, an elder dependent adult who was a resident of the assisted living facility, tried to cross the street and was struck and killed by an oncoming car. The driver was not charged in the accident because it was dark and there was no way the driver could have avoided striking him. However, the investigation led to the nursing facility where he was a resident.
An issue arose with regard to whether the facility provided proper care and supervision of this patient who suffered from dementia. According to the investigation, the facility did not have a dementia waiver that would allow the facility to house residents with that diagnosis. This action was considered to constitute negligence. Put another way, the facility owner and employees were charged with knowingly and willfully endangering the resident, which ultimately caused his death.
The definition of elder abuse in California
Our elder lawyers understand how California defines elder abuse. Under California law, abuse of an elder is defined as “the abuse of someone who is either 65 years old or older, or a dependent adult that has certain mental or physical disabilities that keep him or her from being able to do normal activities or protect himself or herself.” This type of abuse is specifically defined as follows:
Physical abuse, neglect, financial abuse, abandonment, isolation, abduction (taking the person out of the state against his or her will), or other behavior that causes physical harm, pain, or mental suffering; or deprivation by a caregiver of things or services that the elder or dependent adult needs to avoid physical harm or suffering.
Alternatives to nursing homes you can consider
Not all nursing homes are sources of abuse and neglect. There are many that provide excellent care. Nevertheless, many of us would rather live out our lives in our own homes, or the home of a loved one. Yet, staying at home is not always an option. When you consider the physical or mental health concerns, the need for round-the-clock care may be too great. There are some alternatives to consider, such as adult day care.
If reducing costs and curbing caregiver burnout are becoming an issue, you can supplement your in-home care with adult daycare. Adult daycare allows your loved one to spend time each day at an adult daycare center, enjoying meals and socializing with others. Your loved one can participate in activities and exercise while experiencing a change from the isolation of being at home. The benefits for both the person in need of care and the caregiver are many. There are some adult daycare centers that have special services for individuals with mild to moderate Alzheimer’s or other types of dementia. The cost of adult day care is also much less than in-home care services. Some centers even offer fees on a sliding-scale.
Download our FREE estate planning worksheet today! If you have questions regarding estate planning, trust contests, or any other trust administration issues, please contact the Schomer Law Group either online or by calling us in Los Angeles at (310) 337-7696, and in Orange County at (562) 346-3209.
#estateplanning, #schomerlawgroup, #elderabuse
Latest posts by Scott Schomer, Estate Planning Attorney (see all)
- Many Reasons to Plan - July 8, 2019
- Use Resources Efficiently With a Special Needs Trust - July 7, 2019
- Business Structures That Provide Asset Protection - July 6, 2019