August 10, 2010

Nursing Home Abuse and Neglect--A Serious Issue in California

We are always following issues of nursing home abuse and think it’s important to talk about cases from time to time. We look at it as a way to remind our readers about the dangerous issues seniors face when they are in a nursing home. Last month a Superior Court Judge in Sacramento upheld a $29 million verdict in a nursing home abuse case. Judge Roland Candee rejected Horizon West Healthcare’s arguments seeking a new trial or significantly reduced damages in the case involving Frances Tanner, a 79 year old retiree who worked for the FBI and the IRS. Tanner suffered from mild dementia when she moved into Colonial Healthcare. During her time there she fractured her hip, which was left undiagnosed, and seven Months later she died due to an infected bedsore. Testimony revealed that Horizon illegally understaffs its sites and conducted business based predominantly on a concern for the bottom line, not on sympathetic patient care. The jury awarded tanner’s daughter $28 million in punitive damages and $1.1 million for pain and suffering, which the judge reduced to $800,000.

In addition to neglect, some nursing homes give residents medications for seemingly no reason. Antidepressants, antipsychotic and sedatives are sometimes given without consent and without valid diagnosis. Some facilities actually use these kinds of drugs as a chemical restraint to silence residents. As a consequence some seniors suffer a variety of adverse responses that include tremors, dangerous lethargy and a higher risk for falling or even death. According to Medicine Net, the risk of a senior dying increases by more than double when they are abused through neglect, physically, financially, sexually, or emotionally. If someone close to you is the victim of nursing home abuse, please contact the Brod Law Firm. Or if you have questions regarding nursing home abuse laws, feel free to contact our office.

August 4, 2010

San Francisco – Oakland Nursing Home Abuse Lawyer comments re: “greasing” of elderly

Several elderly patients at Valley View Skilled Nursing Facility in Ukiah, California were covered with a greasy, ointment cream by nursing home staff as part of an apparent “prank”. The patient-victims suffered from dementia, and were unable to protest about the way they were treated. Six former employees of Valley View Skilled Nursing Facility were arrested, and California Attorney General Jerry Brown called the alleged abuse of the elderly patients "despicable behavior." The former employees are being charged by Mendocino County with misdemeanor counts of an injury to an elder or dependent adult; battery committed on elder or a dependent adult; conspiracy; and battery committed while on hospital property. In addition to the criminal charges against the nursing home staff, the California Elder Abuse and Dependent Adult Civil Protection Act provides a civil remedy for those who have been a victim of this kind of physical abuse.

If you or an elderly member of your family has been the victim of ) Financial Abuse; 2) Physical Abuse and Neglect; and 3) Abduction, please call the Brod Law Firm at (800) 427-7020 for a free consultation. If you prefer to send us an email with an inquiry, please email us.

July 14, 2010

California Nursing Home Abuse Verdict

California’s Elder Abuse and Dependant Adult Civil Protection Act (the “Act”) is relatively new legislation, which was intended to protect the abuse of an elder or a dependent adult. The abuse can be physical or financial, and may be evident in a case of neglect, abandonment, isolation or abduction. As cases of elder abuse become reported, the Act helps to provide a way in which violations can be addressed, extreme wrongdoers can be punished, ideally to prevent others from becoming victims of elder abuse.

In Humboldt County, a jury awarded a verdict of nearly $619 million based upon health code violations against Skilled Healthcare, one of the largest nursing chains in the United States. The verdict did not include punitive damages, which were to be decided at a later time. The class action lawsuit involved approximately 32,000 patients. The facilities involved with the health code violations were: Eureka Healthcare and Rehabilitation Center, LLC; Granada Healthcare and Rehabilitation Center, LLC; Pacific Healthcare and Rehabilitation Center, LLC; Seaview Healthcare and Rehabilitation Center, LLC; and St. Luke Heathcare and Rehabilitation, LLC .


Ideally, jury verdicts like the recent one in Humboldt County will send a message to nursing facilities across California and the rest of the country. If you abuse elderly or dependent citizens, you will pay. If you or an elderly member of your family has been the victim of ) Financial Abuse; 2) Physical Abuse and Neglect; and 3) Abduction, please call the Brod Law Firm, P.C. for a free consultation.