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Cover Ups Won’t Work. How To Fight Back Against Nursing Home Abuse

In my experience, there are two different kinds of defense lawyers we routinely come across in our work as plaintiffs’ attorneys. There are the “Janitor Defense Lawyers” and then there are the “Cover-Up Defense Lawyers.”  The Janitor Defense Lawyers are honorable because they say, “My client made a mistake. I need to clean it…

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Understaffing – A Subtle Form of Elder Abuse and Neglect

The defense attorney gave me a look as if to say I was crazy. “Wendy,” he said, “How is a caregiver who just dropped your patient and suffered a hip fracture – how is that neglect?”  Well, I told him. It’s not just what happened, it’s why it happened. Oftentimes, the severity of an…

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Is It Borderline? How To Know If It’s Elder Abuse When Accidents Happen.

The stories of elder abuse and neglect that come to me from all over California are always heartbreaking and tragic.  We regularly see egregious examples of elderly patients in facilities who have suffered pressure sores, sepsis, fractures, unexplained injuries, and head injuries including subdural hematomas. Others have been given physical restraints, chemical restraints, or…

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Granny Cams – If Given The Option, Yes, You Should Install One

One of the fastest-growing trends in eldercare is the installation of what is known as “Granny Cams,” which are video monitors set up in facilities that allow family members to check on loved ones remotely.  Several states, including Illinois, Louisiana, New Mexico, Oklahoma, and Texas have recently enacted laws that mandate that senior communities…

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Choosing an Elder Care Facility

Elder Care Facilities – Which One is Right for You? Does your loved one need more care and supervision than you can provide at home?  Are you at a loss about what type of facility or home is appropriate for your Mom or Dad?  This blog is dedicated to describing the different types of homes…

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Discovery Sanctions Issued Against Defense Attorney for Sexist Comment

Federal Judge Paul Grewal from the Northern District of California recently issued an order in a civil rights case against the defense counsel on a Motion Seeking Sanctions and to Compel Discovery when the defense counsel, during a deposition, said it was not “becoming of a woman” to raise her voice during a contentious deposition.…

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Study Finds Lower Quality of Care at For Profit Nursing Home Chains

In 2012, over half of nursing homes chains were operated by corporate chains. Facilities owned by the largest for-profit chains were reported to have lower quality of care. In a recent study reported by the Official Journal of the Medical Care Section, American Public Health Association, the study concludes that evidence suggests that nursing homes…

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Protecting Your Rights in Nursing Homes

As with most life milestones, signing up for a nursing home means filling out a lot of paperwork. In addition to financing, rules and procedures, emergency contacts and vitamin supplements, the nursing home industry also includes sections that protect themselves from wrongful accusation. While this is a smart and prudent business strategy, in the wrong…

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Are Sub-Acute Facilities Really that Different?

Sub-acute facilities are a relatively recent trend and are beginning to appear more and more. Why? It is simple: money. Recent reimbursement rates changes from Medicare make it such that a nursing home can get higher reimbursement rates for a resident that needs more specialized care (such as tracheotomy care, intravenous tube feeding and complex…

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