California Elder Law Attorney Blog

County prosecutors and senior citizen advocates introduced a new law as the best hope of defending the aged and infirm from violence, neglect and fraud committed by criminals in the guise of caregivers.

On July 1,2011, Napa County will begin enforcing California's first law requiring government permits for in-home caregivers.

"In-home care is one of the five hottest jobs" said Kristi Lesnewich of the Napa County Commission on Aging said at a news conference. "But there's no oversight, and convicted felons can do it -- except not in Napa County anymore."

"Why is there oversight for people who provide massage and pedicures, but none for those who care for the elderly?" Lesnewich told 75 people at the Napa Valley Hospice and Adult Day Services.

Last year, Napa County and its five cities ratified the ordinance, which requires those seeking to provide in-home personal or domestic services to pass a criminal background check and pay for an annual permit.

Background check fees are paid to the Area Agency on Aging Serving Napa and Solano. They cost $90 in the first year, $79 for the second year and $67 annually thereafter. The permit costs $20 annually, paid to the county Clerk-Recorder's Office.

The local law requires the permit for anyone seeking money, room or board for caregiving, including relatives. Registered nurses and other licensed health-care workers are exempt because they already submit to background checks to receive their licenses.

County-issued permit cards will be light green, laminated and bear the holder's photograph, permit number and expiration date.

Crimes such as a recent Contra Costa County murder make the need for new protections plain, said Napa County District Attorney Gary Lieberstein, referring to Diane Warrick's recent sentencing for fatally stabbing a 70-year-old woman in her care.

Warrick, now 57, was arrested in April 1997 after taking hostages at Napa State Hospital and demanding to be taken to the pharmacy. Released after three and a half years in a state hospital, she was sentenced this April to 31 years to life in prison for murdering Mary Jane Scanlon and stealing her cash, car and passport.

Warrick had answered a Craigslist ad seeking a caregiver for Scanlon, a paraplegic, according to Contra Costa authorities.

"We believe and hope the rest of the state is watching," said Lieberstein, who called in-home care a common destination for parolees needing employment to retain their freedom. "We believe this should be a state law. We don't think this protection should only be in Napa County."

With the state on the sidelines, officials in Sonoma, Santa Cruz, Humboldt and San Luis Obispo counties have discussed with Napa County possible versions of the law, according to Jane Hinshaw, the Napa DA's investigator for elder abuse cases and financial crime.

"We weren't willing to wait," she said. "We could be getting really good at (enforcing) this law by the time the state gets to it, and that's fine."

At least 1 million, and as many as 2 million Americans 65 and older have been abused, neglected or exploited, and only one in 14 cases is reported to law enforcement or social services, according to the National Center on Elder Abuse.

Continue reading "Napa, California Institutes New Caregiver Law Requiring Permits says California Elder Abuse Lawyer Steven Peck" »

A federal agency has released health quality data that show troubling statistics about nursing home care in California. The data show almost one in 10 long-term nursing home patients was physically restrained in 2008.

The state snapshot also said that some 27 percent of short-stay nursing home residents had bed sores that same year. In these areas, California ranked last among the states.

Bill Freeman of the Agency for Healthcare Research and Quality said he hopes the numbers are useful to lawmakers. The agency found the state was 'average' in overall quality of care.

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Continue reading "Nursing Home Care Is Very Troublesome In the State of California" »

There are a number of different warning signs that could suggest that a nursing home is not providing adequate health care. In many cases, these warning signs will go unnoticed until it is too late. In other cases, these warning signs are simply brushed off by family members and friends. And, in even more cases, these warning signs are hidden behind closed doors. Whatever the case, it is important to be on the lookout for any signs of nursing home abuse or neglect. Nursing homes are supposed to be a place of support and security; however, this is not always the case. If you notice any warning signs that a nursing home is not up to standard, then it is important to contact a Peck Law Group elder abuse attorney to toll free at 1.866.999.9085 immediately.

Physical Signs of Nursing Home Abuse
Physical signs can often be a great indicator of abuse. If your loved one is showing any of these symptoms, it could be a sign of neglect or abuse:

■Bed sores/ pressure sores
■Torn clothing or personal items
■Constant falls and traumas
■Excessive weight loss or weight gain
■Fecal/urine smells
■Pale complexion
■Lack of personal hygiene
■Presence of dirt, lice, fleas, etc.
■A change in personality
Keep in mind that abuse can also occur without any shred of physical symptoms. It is also important to remember that emotional abuse be just as common and devastating to the nursing home victim.

Signs of Nursing Home Neglect or Inadequate Care
There are a number of cases where the neglect or abuse is not as easy to recognize as the physical signs. One of the best ways to understand if a nursing home is providing adequate care is to understand the Minnesota Nursing Home Resident Bill of Rights. Some of the signs that neglect or abuse is taking place may include:

■Lack of staff members and lack of service provided
■Rudeness of staff members
■Lack of entertainment facilities
■Lack of patient morale
■Lack of proper diet, nutrition and lifestyle facilities
■Lack of proper heating or cooling
■Lack of proper hygienic cleaning
If you notice any of the following, then it is important to discuss your concerns with your loved one as well as with an experienced Peck Law Group nursing home abuse lawyer.

Often called a super bug because of its drug resistence, C. difficile is common in hospitals and nursing homes. It tends to hit elderly people who have an underlying health condition, such as inflammatory bowel disease or immunodeficiency and who are also receiving antibiotics.

It causes diarrhea, dehydrating a patient and complicating their medical condition, and many times death.

Continue reading "C. Difficile Infections Are Common In Hospitals and Skilled Nursing Faciltities Indicates Los Angeles Nursing Home Abuse and Neglect Lawyer Steven Peck" »

A lawsuit filed May 25, 2011 in Galveston County Court at Law No. 2 argues that the facility, doing business as Heartstone at Texas City, and one of its physicians failed to provide the decedent adequate care and treatment for his wounds and thus contributed to his death last September.

Dr. Folasade M. Ojo, Heartstone Management Inc. and IPH Health Care Services Inc. are also defendants in the case.

The original petition shows Christopher Murphy was admitted for residency requiring minimal assistance on May 8, 2010.

An apparent fall three weeks later caused him to be taken to nearby Mainland Medical Center for observation.

According to the suit, doctors diagnosed Christopher Murphy with "infected wounds to the buttocks, feet and legs" and "acute renal failure."

They reported to his family "that he did not have injuries related to a fall," it says.

Christopher Murphy died on Sept. 3, 2010.

The report from his subsequent autopsy revealed the cause of death to be sepsis from pseudo membranous colitis, severe sacral decubitus ulcer and urinary tract infection.

Continue reading "Texas Facility Accused of Nursing Home Abuse and Neglect Due To Sepsis, Bed Sores and Urinary Tract Infection" »