elder care

Identifying Subtle Signs of Elder Abuse

July 27, 2018 | Gregory J. Brod

Physical abuse of elders in nursing homes that results in bruises, scratches, burns, or other visible injuries is easy to spot, but there are a number of other injuries that the elderly can suffer in nursing homes that can easily go unnoticed. In California, elder abuse is illegal and can result in both civil and criminal charges. Below is a list of more subtle signs of elder abuse and how you can spot them in your loved ones. If you believe your loved one has been a victim of elder abuse, call the personal injury attorneys at The Brod Law Firm today to find out how we can help.

Elder Neglect

Elder neglect constitutes nearly half of reported elder abuse cases. Whether intentional or unintentional, elder neglect occurs when nursing home staff fails to care for residents as the law mandates. This can include failure to regularly change the resident’s bed sheets, failure to assist the resident in maintaining their personal hygiene, failure to fix maintenance problems in the residents’ rooms, failure to provide meals to the residents, or a variety of other failures to comply with their duties of care as nursing home staff.

Brius Healthcare Services in California Facing Another Wrongful Death Lawsuit

February 2, 2018 | Gregory J. Brod

Another wrongful death lawsuit has been brought against Brius Healthcare Services for the negligent care provided at its Granada Rehabilitation & Wellness Center. The suit alleges that an elderly patient, Jeanette Sharp, died after the staff at Granada allowed a significant amount of fecal matter to build up in her colon. According to reports, physicians removed up to four liters of fecal matter, some of which was spilling into the patient’s abdominal cavity and had reach the exit of Sharp’s stomach. By the time the patient received surgical intervention on April 4, 2017, the situation was dire. Sharp passed away the same day of the procedure.

Granada Staff Allegedly Provided Negligent Care

The lawsuit filed against Brius Healthcare Services states that the staff at Granada failed to monitor Sharp’s bowel movements. Sharp had dementia and was likely unable to self-monitor. Over an extended period of time without bowel movements, the fecal matter accumulated and filled Sharp’s digestive system.

Medicare Audit Reveals Elder Abuse and Neglect

September 11, 2017 | Gregory J. Brod

An audit conducted by Daniel Levinson, Inspector General of the U.S. Department of Health and Human Services, found that elder abuse and neglect is a significant concern for Medicare beneficiaries and that the Medicare program currently has inadequate procedures to ensure abuse or neglect are identified and reported in accordance with legal requirements.

If you have a loved one living in a nursing home and you believe that he or she is being neglected or abused, contact an experienced San Francisco elder abuse attorney at Brod Law Firm right away. While Medicare mandates that all suspected abuse or neglect of elderly or patients be reported to the police immediately by the facility’s staff, this is often not the case. Many episodes of abuse or neglect go unnoticed and unreported, leaving your and other people’s loved ones in danger.

The Medicare Audit

Protect Your Elderly Loved Ones From the Heat This Summer

July 28, 2017 | Gregory J. Brod

Certain areas of the U.S., particularly the west coast and southwest, are known for their high temperatures. Temperatures can stay in the 90s and 100s for weeks or months at a time. Unfortunately, this excessive heat has already led to fatalities this year. Santa Clara County officials confirmed in June that two elderly residents passed away due to hyperthermia, which is the condition of the body’s internal temperature becoming too high and the body being unable to cool itself down.

Elderly individuals, meaning those over the age of 60, are particularly vulnerable to heat-related illnesses and death. As summer fully sets in and California experiences very high temperatures, it is crucial that individuals and facilities take extra precautions to protect seniors from the heat.

Elderly are Particularly Vulnerable to Heat-Related Illnesses and Death

Is Your Loved One’s Nursing Home Prepared for Dementia or Alzheimer’s Patients?

July 24, 2017 | Gregory J. Brod

In July, Gary Lee Potts, 62, was arrested for his part in the 2014 death of Mauricio Edgar Cardenas, 65, who was an elderly nursing home resident with dementia at The Manse on Marsh. Potts, the owner of the facility, and another former facility administrator, Christopher E. Skiff, have been accused of elder and dependent abuse and involuntary manslaughter based on the care they and their facility failed to give to the elderly man.

If you believe your elderly loved one is not receiving the care he or she is entitled to at a nursing home, or you think that negligent care caused your relative’s death, contact our San Francisco elder neglect and abuse attorneys at Brod Law Firm right away. It can be difficult to investigate nursing home care. However, we are well-versed in these matters and will fight to get to the bottom of what has happened to your loved one.

Nursing Home Owner and Employee Charged With Manslaughter

Helping Your Elderly Loved One Transition to a Nursing Home

July 17, 2017 | Gregory J. Brod

The day may come when you have to help your elderly parents move into a nursing home. You may have struggled against this decision for quite some time, or your mom or dad may have resisted the idea of losing his or her independence. However, at a certain point, it becomes clear a professional health care facility is the best place for your elderly loved ones to receive the medical care and attention he or she truly needs. As a child, grandchild, or close friend, you can do a great deal to help your loved one make this difficult transition.

Ways to Help Your Loved One Transition to a Nursing Home

If your elderly loved one has made the decision to move into a nursing home or you have had to make this decision on his or her behalf, take these steps to try and smooth the transition:

Group of Physicians Continues to Challenge California’s Death with Dignity Law

July 5, 2017 | Gregory J. Brod

Whether or not a terminally ill individual should have the right to decide when he or she dies is a vehemently contested issue. Throughout most of the U.S., physician-assisted suicide is illegal. If it goes on, it is not talked about or done within the eyes of the law. Only six states have some form of legalized physician-assisted suicide, including Colorado, Oregon, Washington, Vermont, California, and the District of Columbia. However, California’s current law is up for debate with a new legal challenge.

California’s Current Law

California’s current physician-assisted suicide law is known as the End of Life Option Act and went into effect in June of 2016. The law enables qualified, terminally ill individuals to ask for and obtain medications that would result in death when they chose to administer them. The law is entirely voluntary for both patients and physicians, and there are safeguards in place to ensure it is not abused.

Choosing the Right Care Facility for Your Elderly Parent

June 12, 2017 | Gregory J. Brod

There may come a time when you have to put mom or dad, or grandma or grandpa, into a care facility. It is never your first choice, yet it is often the best one. Your elderly loved ones may need more physical support, supervision, and medical care than you are capable of giving them. By letting your loved one continue to live at home or with you, you are actually doing him or her a disservice and increasing the risk of negative health effects or early death. However, there are a number of practical questions that arise after you have decided a facility is best for your loved one, including:

What are his or her needs?
What care facilities are available and how do they differ?

Two Individuals Charged With Kidnapping and Elder Abuse

June 5, 2017 | Gregory J. Brod

Cheryl and Eric Mills were arrested for kidnapping and elder abuse after suddenly removing an elderly relative from a care facility without permission. Police found the Mills and the elderly individual 90 miles away from the care home in Stockton. The 88-year-old victim was not harmed during the incident, but the individual has continuous health concerns and is unable to give consent, according to a detective on the case. Neither of the Mills had permission to remove the individual from the facility and did not have the capability to care for the elderly person as was necessary.

Civil Liability for Elder Abuse

When an elderly individual is abused by a relative, caretaker, or other person and suffers physical, psychological, or financial injuries, he or she has the right to pursue compensation through a personal injury claim. Any person who harms an elderly person can be held civilly liable in court for the economic and non-economic damages associated with the abuse. For instance, if the Mills had harmed their elderly relative during this incident, the individual would have had a cause of action against them.

Nursing Home Staff May Negligently Fail to Monitor Residents’ Blood Thinner Dosages

April 5, 2017 | Gregory J. Brod

Coumadin and other blood thinners are commonly used by elderly individuals. These individuals are often prescribed this type of medication to reduce the chance of heart attack, stroke, and other major medical events. However, blood thinners are serious medications and patients taking them need to be closely monitored by a physician or nursing home staff. Being on this type of medication when it is unnecessary or taking too much can lead to injuries and fatalities. In fact, ProPublica and The Washington Post found that 165 nursing home residents were hospitalized or died after suffering from Coumadin, or the generic Warfarin, errors between 2011 and 2014. These incidents are preventable when elderly patients are given proper care.

The Dangers of Failing to Monitor Blood Thinners

Coumadin has well-documented benefits. However, when patients are given too much or too little of a blood thinner, they are put at risk for serious health issues and early death. For instance, when patients who are at risk for negative health events are given too low of a dosage or not given their prescribed medication, they remain highly at risk for blood clots, stroke, and heart attack. When elderly individuals are prescribed or unnecessarily given too much of a blood thinner, they can suffer internal bleeding. Warfarin can also dangerously interact with other medications like commonly prescribed antibiotics. If physicians and other nursing home staff are not on the lookout for common medication interactions, then elderly patients are seriously at risk for injuries.