Nursing Home Abuse Occurs Even in Highly-Rated Facilities

A recent incident of nursing home abuse in California highlights how important is it for family members of nursing home patients to pay careful attention to their loved one's health. In particular, noting any unexplained bruising, change in medical condition, or change in mood is crucial to discovering any abuse or neglect that might be occurring.

A recent trial verdict awarded $7.75 million in compensatory and punitive damages to a family of Maria Arellano, a 71-year-old nursing home patient who had been severely abused by a nursing home employee. The facility where the victim resided, the Fillmore Convalescence Center, had been awarded a five-star rating from Medicare's Nursing Home Comparison. The fact that the facility received the highest possible rating demonstrates that nursing home abuse can occur in any facility, and family members must always be vigilant in looking for the often subtle signs that abuse is occurring.

Ms. Arellano had previously suffered a stroke that left her unable to verbally communicate. Her family members noticed she had bruises that could not be explained. After nothing was done in response to the family members' report to the facility management, they decided to place a hidden camera next to Ms. Arellano's bed. This revealed egregious abusive behavior, including pulling her by the hair, slapping her, bending her fingers, neck, and wrists, and treating her violently in general. Based on what was shown in the hidden camera video, the family filed a lawsuit and won the large verdict. The nursing home employee also pled no contest to criminal battery charges and is no longer working in the nursing home industry.

While one abusive employee does not necessarily mean that an entire facility is abusive towards its residents, it highlights a very important problem in discovering elder abuse: many victims are incapable of reporting the abuse themselves. This means that it is often up to the resident's family members to visit frequently and monitor their loved ones' health, and we encourage you to frequently check on your loved one and look for anything that might be amiss. If you have noticed a change in your loved one's physical or emotional condition and believe that your loved one might be a victim of elder abuse or neglect, we are here to help. Contact The Casiano Law Firm for a confidential consultation.

Law Restores Partial Funding to Program Aimed at Fighting Nursing Home Abuse

Assembly Bill 392, signed into law on August 6, 2009, restores $1.6 million for local Long-Term Care Ombudsman programs. With this funding, local ombudsman programs should be able to reinstate some of the staff and services lost due to last year's budget cuts, providing critical monitoring of abuse and neglect in nursing homes and other long-term care facilities.

In 2008, about half of the Ombudsman budget, $3.8 million, was cut from the state budget in a gubernatorial veto. AB 392 restores less than half of that amount, which means the ombudsman programs will still operate with less staff and services than in the past, but hopefully with enough resources to address the most critical complaints.

Funding for the program will come from compliance penalties paid by nursing homes, so AB 392 should not have any direct impact on the state's General Fund.

The requirement for a long-term care ombudsman is actually a creature of federal law. Since 1978, the Older Americans Act has required every state to have an ombudsman program to receive and investigate complaints made by or on behalf of nursing home residents, and to advocate for changes and improvements in the long-term care system.

The author of AB 392, Assembly Member Mike Feuer (D-Los Angeles), was recently recognized as a 2009 True Friend of Seniors by the California Congress of Seniors for his work in securing passage of the bill.

Senior citizens are particularly vulnerable to abuse due to physical and mental incapacity. Nursing home residents are at even greater risk due to isolation from the public, friends, and family who might notice abuse or neglect or to whom the victims could complain. Local ombudsmen programs fulfill vital functions by conducting surprise visits to facilities and investigating complaints that come to their attention.

With the ombudsman program only partially restored, it is more critical than ever that residents have access to a voice to speak on their behalf. The Casiano Law Firm is dedicated to fighting nursing home abuse and serving the legal needs of seniors and their families. If you have personally experienced nursing home abuse or neglect or have a loved one in a facility and suspect abuse or neglect, contact me immediately for a confidential consultation.