Pursuant to California Welfare and Institutions code 15610.05 there are several terms that are used to describe different forms of elder abuse. A claim for elder abuse provides enhanced remedies for the pain and suffering of an Elder. Specifically, Welfare and Institutions Code 15610.05 defines abandonment as the desertion or willful forsaking of an elder or dependent adult by anyone having care or custody of that person under circumstances where a reasonable person would continue to provide care and custody. A skilled nursing facility in California has the implicit duty to care for elderly people in their custody. They are held to a standard higher than a reasonable person. Accordingly, abandonment is not a usual cause of action pled against skilled nursing facilities.

California Welfare and Institutions Code 15610.07 defines abuse of an elder or dependent adult as either physical abuse, neglect, or financial abuse, abandonment, isolation, abduction, or other treatment which results in physical harm, pain or mental suffering to an elder. It further defines abuse as the depravation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. This code section is very clear in setting forth how skilled nursing facilities must treat residents in their care.

Other codes in the California Welfare and Institutions codes define financial abuse, isolation, neglect, and physical abuse. Most notably, neglect is defined in California Welfare and Institutions Code 15610.57. This code section provides specific examples of neglect under the Elder Abuse Act including but not limited to the failure to assist in personal hygiene or failure to provide food, clothing or shelter to an elder. Further, neglect also is the failure to provide medical care for physical and or mental health needs. Elder neglect is also defined as the failure to protect from health and safety hazards or to prevent malnutrition or dehydration.

Physical abuse encompasses assault and battery and also gives several examples of sexual abuse as well. However, physical abuse is also defined as the unreasonable physical constraint or prolonged and continual deprivation of food and water. In addition, the use of physical or chemical restraints or psychotropic medication for punishment or for a period beyond that for which the medication was ordered by a physician is also classified as physical abuse.

From clients who contact our elder abuse attorneys and nursing home neglect lawyers, elder neglect is the most common complaint made against skilled nursing facilities. However, physical abuse is becoming increasingly common. If these acts are perpetrated by a care custodian of an elder, there are enhanced remedies provided for under the Elder Abuse and Dependent Adult Protection Act which allows your loved ones to receive monetary settlements for the pain and suffering that they have endured at the hands of their care custodians.

In January, a report by the U.S. government Accountability Office from the several states, including California, failed to report serious nursing home deficiencies and complaints. Accordingly, a joint legislative audit committee is investigating the California Department of Health's Services as a result. A recent study by Consumer Reports notes that despite Federal Legislation in 1987, which was designed to overhaul nursing home industries, poor care still persists. The Consumer Reports study entitled, "Nursing Homes: Business as usual", found little evidence that the quality of care has actually improved at the 186 of the facilities that have previously appeared on the poor quality list of nursing homes.

In California, three homes made the list of twelve that Consumer Reports dubbed the nation's worst defenders. The Consumer Reports author, Trudy Lieberman indicated that she still saw the same things that she previously reported in 1995. Consumer Reports analyzed the most recent State inspection surveys for approximately 16,000 nursing homes nationwide in compiling its state list of facilities to consider.

In California, forty-four facilities were on the facilities to consider list. However, included on the facilities to avoid list, were two facilities in San Bernardino. One of the facilities, Sierra Vista deals with patients that have psychiatric and behavioral problems. In the Consumer Reports study Sierra Vista ranked poorly.

More than 1.5 million Americans are in nursing homes and that number is rising, leaving more families with the task of finding long term care for their loved ones.
Some things to look for when choosing a facility include having enough time to make the decision. Obviously, price and proximity will be a very important factor. Studies have shown that the more visitors a residence have, the better the quality of care. In addition, sometimes the family will have to choose a facility that is not in close proximity. With frequent visits, a family has a much better opportunity to ensure their loved ones are receiving good care.

It is always good to be engaged with the staff at a specific facility. Federal Law requires each nursing home to have a copy of its most recent inspection survey available. Demand to see the survey. If the survey is long, it usually means that there is a lot of deficiencies which indicates that there should be a concern. In addition, if possible there should be several visits announced at various times throughout the day. Look at the staff, if they are laughing and energetic, it is probably a good facility. If they are yelling or running around that's probably not good. In addition, if the residents are still in their bed at 9:30 or 10:00 in the morning, the staff is probably not adequate and may be overworked.

Quick Facts:

-The average American will spend 2.4 years in a nursing home.
-1.63 million residents lived in nursing homes in 1999.
-27% was the increase in nursing home population from 1977-1999.
-6.6 million people will require nursing home residency in 2050.

If you or a loved one has been a victim of a quality of care issue with a nursing home, please contact a California nursing home neglect lawyer or California nursing home neglect attorney for more information. Whether you have a nursing home abuse case in Riverside, Los Angeles, Orange County, San Bernardino, San Diego or any where in California, contact us immediately for assistance.