A Los Angeles facility is facing a $100,000 fine for nursing home negligence in connection with an incident where a resident died because a feeding tube was incorrectly directed into his lungs. According to a CBS News report, the California Department of Public Health found that an 84-year-old man at the Hancock Park Rehabilitation Center had a feeding tube enter his body through his nose in May 2008. That tube was supposed to direct nutrition to his stomach. The man died 13 days later. The coroner listed cause of death as respiratory failure due to pneumonia. Health Department officials say the cause of death was "failure to properly place the feeding tube."

My heart goes out to the family of this elderly resident for their devastating loss and the emotional trauma they must have undergone as a result. My thoughts and prayers go out to them.

Deficient Nursing Homes

Based on this news report, it appears that the nursing home staff members who were attending to this resident had no idea what they were doing. Were these trained members of the staff? What type and amount of training did the attendant have? Was he or she made aware of the patient's medical condition, needs and doctor's instructions? Was this staff member being supervised at the time?

A 2003 report by the Government Accountability Office (GAO) states that at least one in five of all nursing homes in the United States are plagued by serious deficiencies that place residents in immediate jeopardy or cause them actual harm. The report also points out that the quality of care in these nursing homes drops significantly when residents receive less than three hours of the nurse’s and nurse’s aide’s time per day. That unfortunately happens in about 54 percent of nursing homes.

The Problem of Understaffing

The report also states that nursing home staff are terribly underpaid and overworked. A number of nursing home negligence and abuse cases are the direct result of understaffing and lack of proper training for nursing staff.

The nursing home in this case was handed the AA citation, the most severe fine that can be imposed by the state. The fines are usually slapped on those facilities that neglect their patients to such an extent that it put their life in danger. In such cases, nursing homes can be held civilly liable for wrongful death by family members of the deceased. An experienced Los Angeles personal injury lawyer will be able explain to victims and their families, their legal rights and options in such cases.

Do you have a loved one in a nursing home? What are your biggest concerns for their safety?

None of the parties mentioned in this article are represented by us at the time this article was posted. The source of our information is cited in the article. If you were involved in this incident and have questions as to your rights and options, call a reputable law firm for a consultation. Do not act solely upon the information provided herein. The BISNAR | CHASE personal injury law firm will provide free, confidential consultation to "not at fault" persons and their family members if you mention your source was the “Personal Injury Law Journal." They can be reached at 866-456-5235 during California business hours.

Los Angeles Nursing Home Fined for Negligence is a post from: Personal Injury Attorney News Portal

Nursing home abuse is a serious problem in California and the United States. Sex abuse, is unfortunately, a common occurrence at many nursing homes although these incidents are also the most underreported. According to a recent article in the Daily Breeze, an elderly female resident has filed a civil lawsuit against a nursing home in Carson alleging that she was sexually assaulted last month by an intruder as she was sitting in her room.

According to the lawsuit, the woman and possibly two other residents at the Carson nursing home were sexually assaulted by a man who entered the facility through an open window on February 10, 2010. The woman said she was sitting in her room in a wheelchair when a man entered through an unlocked window and assaulted her. The man left when she threatened to call for help, but told the woman that he would "come back for her."

Resident Sexually Abused

The complaint alleges that the victim suffered elder abuse and neglect while living at Heritage Rehabilitation Center. The lawsuit states the nursing home administrators deliberately understaffed the nursing home to boost profits. Apparently the elderly woman who was assaulted required assistance with every aspect of her daily life. However, the lawsuit states that there was no one around the woman to prevent this horrific assault. The facility did not maintain sufficient staff to look after residents and ensure that the residents were safe. According to the U.S. Department of Health and Human Services' Nursing Home Compare web site, the nursing home received three out of five stars, which is an average rating.

Negligent Nursing Homes Should be Held Accountable

When families entrust their loved ones to the care of a nursing home, they expect them to be safe and well-cared for. In this case, this resident was ignored and unsupervised. This was a helpless, vulnerable woman who was sexually assaulted when she was sitting in a wheelchair! There have also been many instances where nursing home employees have sexually or physically abused nursing home residents.

Residents who suffer such negligence or abuse (or their families) would be well-advised to contact an experienced Los Angeles personal injury lawyer, who will fight for their rights and make sure that these unscrupulous businesses are held accountable for their actions.

None of the parties mentioned in this article are represented by us at the time this article was posted. The source of our information is cited in the article. If you were involved in this incident and have questions as to your rights and options, call a reputable law firm for a consultation. Do not act solely upon the information provided herein. The BISNAR | CHASE personal injury law firm will provide free, confidential consultation to "not at fault" persons and their family members if you mention your source was the “Personal Injury Law Journal." They can be reached at 866-456-5235 during California business hours.

Los Angeles Nursing Home Sued Over Sexual Assault is a post from: Personal Injury Attorney News Portal

Nursing home abuse is a serious problem in our society today. Our seniors, who are a vulnerable section of our population, are at risk for abuse and negligence when they enter a convalescent home, nursing home or skilled care facility. A recent CBS news article reports that a 94-year-old woman who was sexually assaulted by an employee in a Los Angeles convalescent home was awarded $12.5 million in a civil lawsuit.

Sophie Schwartz, who has dementia, was sexually assaulted in her room by Jose Vazquez, an illegal immigrant who worked at the Santa Clarita facility as an assistant. Vazquez apparently admitted that he was drunk at the time and even said that he and other workers often drank when they were on-the-job. Schwartz sued Vazquez as well as the owners of the facility, Oakdale Heights Management Corp. Vazquez was sentenced to eight years in prison for attempted rape.

Convalescent Home Held Liable

The jury found that the company deliberately falsified employment documents at the time of Vazquez's hiring and violated several state laws relating to the care of residents with dementia. Vazquez had a master key allowing him access to every resident's room. The company did no background checks on him and did not give him any training on interacting with the elderly.

First of all, my heart goes out to Sophie Schwartz and her family for having undergone this nightmare. Apparently, this facility hired an illegal immigrant. They did not check his eligibility to work in the United States. They did not do any criminal background checks. They gave him no training to work with the elderly, which is a highly specialized field. I'm glad that the jury evaluated the facts and held this facility and its administrators liable for the neglect and abuse of a frail, elderly, ill woman. Where were Vazquez's supervisors when this happened? Who was responsible for hiring this man? How many more illegal immigrants work in this facility? How many more employees work here without undergoing any type of background checks?

Pursuing Your Legal Rights

Going after these unethical businesses and hitting them in their wallet – where it hurts them the most – is the best recourse that exists for nursing home abuse victims. If you are looking to place a loved one in a nursing home or convalescent facility, it's always a good idea to take a proactive approach and do some research about the place. Visit the facility several time before making a decision and visit at different times of day. If there is something wrong in that facility, believe me, you would know. You will see the red flags. In cases involving negligence or abuse, an experienced Los Angeles personal injury lawyer will be able to help victims and their families pursue their legal rights.

We are not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call a reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free confidential consultation to "not a fault" persons named in this article and their family members.

Jury Awards $12.5 Million to Nursing Home Abuse Victim is a post from: Personal Injury Attorney News Portal

A jury in Ventura County awarded $7.75 million to the family of a nursing home abuse victim, who filed an elder abuse lawsuit against the Fillmore Convalescent Center. According to a news report in the Ventura County Star, the trial featured a videotape, which showed the woman being abused by the nursing home employees. Apparently the secret camera caught employee Monica Garcia slapping the 71-year-old victim, Maria Arellano, pulling her around by her hair, bending her neck, fingers and wrist, and treating her violently in a shower chair. Garcia did face criminal charges and pleaded no contest to simple battery. Her attorney has said that Garcia is "deeply sorry" for her actions and will never work in a nursing home environment again.

Serious Case of Nursing Home Abuse

When family members complained after noticing, during a visit, that Arellano was bruised, the nursing care provider took no action and did not investigate it. So, it was the family that set up a hidden video camera on a side table in her room. The jury awarded Arellano and her family $2.75 in actual damages and $5 million in punitive damages.

I'm glad that this Southern California jury carefully considered the evidence that was before them and arrived at the right decision -- to punish the nursing home for their poor hiring choices and lack of proper supervision of their employees. Recent reports and studies have also shown that a majority of nursing home abuse and elder abuse cases in nursing facilities and convalescent homes go unreported because victims and their families fear retaliation from the facility and staff members.

A Personal Injury Attorney Can Help

In many cases, families have nowhere else to take their loved ones. In fact, Arellano still remains at Fillmore Convalescent despite the lawsuit. The facility itself scored a five-star rating this month, the best and highest rating, from the Nursing Home Compare system run by the Centers for Medicare and Medicaid Services. This only goes to show that no rating system is perfect and there is no system that documents everything that happens in a nursing home and makes that information available to consumers.

If you or a loved one has been seriously injured as a result of nursing home abuse or negligence, please contact an experienced California personal injury lawyer who will hold these wrongdoers accountable for their actions. In this case, I'm glad that the jury awarded punitive damages because that should hopefully, deter nursing home operators from taking their residents for granted, and encourage them to try harder and ensure patient safety and well-being -- something that should have been a top priority for them, in the first place.

We are not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call a reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free confidential consultation to "not a fault" persons named in this article and their family members.

Victim Awarded $7.75 Million in Nursing Home Abuse Case is a post from: Personal Injury Attorney News Portal

The nursing home negligence and abuse lawyers at BISNAR | CHASE are extremely concerned about the poor quality of care our seniors receive in many of our nation's nursing homes, especially here in California. The situation is further deteriorating with the economic downturn and companies hankering after profits rather than focusing on providing quality care to their residents.

Death Results From Nursing Home Neglect

According to a KCRA news report, a nursing home in Stockton has been slapped with a $90,000 fine after a California Department of Public Health investigation determined that inadequate care led to the death of a resident. Valley Gardens Health Care and Rehabilitation Center has received an AA Citation, which is usually given for the most serious type of violation -- one that directly contributes to a nursing home resident's death. The resident reportedly had a fall and died later because he was not properly supervised by nursing home staff, health officials said.

My heart goes out to the family of this man who died as a result of this nursing home staff's negligence. I offer my deepest sympathies to his family members who put their trust in this particular nursing home to care for their loved one. Heartbreaking! Please keep this victim's family in your prayers.

Nursing Home Abuse On the Rise

Nursing home abuse and negligence are on the rise not only in California, but also nationwide. According to a Government Accountability Office (GAO) report in 2003, the magnitude of serious deficiencies that harmed nursing home residents remains “unacceptably high.” One in five nursing homes nationwide -- about 3,500 facilities -- have serious deficiencies that cause residents actual harm or place them in immediate jeopardy, the report said. Moreover, the GAO report also found significant understatements of the care problems that should have been treated a lot more seriously -- pressure sores, severe weight loss and multiple falls resulting in broken bones and other injuries. Subsequent studies are showing that nursing home neglect is getting worse.

If you are a victim of nursing home abuse, please consult with an experienced personal injury lawyer in California, who will make sure that the negligent nursing home owners pay for their wrongdoing. It is also very important for families who are looking to place their loved ones in nursing homes to carefully examine the history and track record of these facilities. The California Advocates for Nursing Home Reform's Web site has some excellent guidelines on what to watch out for when selecting a nursing home.

We are not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call a reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free confidential consultation to "not a fault" persons named in this article and their family members.

California Nursing Home Accused of Neglect in Resident's Death is a post from: Personal Injury Attorney News Portal

Several victims are alleging funeral abuse and negligence at the Eden Memorial Park in Mission Hills, Los Angeles, where they say the management instructed groundskeepers to secretly remove and discard human remains to make room for new interments. According to a CBS News report, the Jewish cemetery is owned by Service Corporation International, which calls itself "North America’s largest single provider of funeral, cremation and cemetery services" on its Web site.

Cemetery Desecrates Remains

Apparently, this is a cemetery where Holocaust survivors have been buried. One plaintiff, who is part of the lawsuit, says he is outraged about what has happened at the cemetery and wants to find out if his parents' graves were desecrated and their remains, discarded. He says he noticed during his visits that his parents' grave markers were closer to each other giving rise to suspicions that they may have been moved. This plaintiff is only one of hundreds who want to know if their loved ones' remains were desecrated. The upper management of SCI intimidated and threatened employees with their jobs and livelihoods to keep the public in the dark about the desecration, the plaintiffs' attorneys allege.

My heart goes out to these cemetery abuse victims, who have not only been financially deceived by SCI, but also emotionally traumatized by the desecration of their loved ones' remains.

This is apparently not the first time SCI has been involved in such a scandal. In 2003, the state of Florida brought criminal charges against SCI on similar allegations. The company is now paying out millions of dollars to settle those cases. A spokesman for the cemetery is saying that the new allegations in Los Angeles are without merit.

California Funeral Home Abuse Attorneys

The Los Angeles cemetery and funeral home abuse attorneys at BISNAR | CHASE have represented several victims who have undergone similar traumatic experiences. Over the last few years, we have seen several cemeteries – some in the news and others still not exposed -- that indulge in questionable practices when it comes to burying the dead or handling remains. Families entrust the remains of their loved ones to these businesses hoping that their loved ones are resting in peace. But many of these businesses cut corners and shortchange the families, robbing them of their dignity and peace of mind. Disgusting!

If you are a victim of funeral home abuse or negligence, please contact an experienced Los Angeles personal injury lawyer, who will go after these unethical businesses and hold them accountable for their actions. They should be made to pay for their callous disregard for their customers, negligence, breach of contract and violation of trust.

The BISNAR|CHASE personal injury law firm is not representing any of the parties mentioned in this article at the time the article was posted. Our source for the facts is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, please contact us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. Most of the best law firms will provide accident victims a free consultation.

We cannot fully inform any party or family member about their rights, options or the economic viability of any claim for compensation without a full investigation and consultation. We will not be conducting an investigation into this matter unless we are retained by a party. We will provide a free, confidential consultation to any, not at fault, person named in this article. The free consultation offer extends to family members as well.

Los Angeles Cemetery Abuse Victims File Class Action Lawsuit is a post from: Personal Injury Attorney News Portal

The nursing home abuse attorneys at Bisnar | Chase have always been vocal about consumer rights. And here is an issue that really gets me going because it involves basic personal rights and liberties many of us take for granted. I recently read an interesting article in the Los Angeles times by Ira Rosofsky, a psychologist, who talks about the personal rights of nursing home residents especially when it comes to privacy issues.

The Nursing Home Reform Act of 1987 mandating nursing homes to maintain an environment in which each resident can "attain and maintain his or her highest practicable physical, mental and psychological well-being." However, the truth remains that when patients or residents walk into a nursing or an assisted living facility, they check their rights and personal liberties at the door. This is particularly true when it comes to privacy issues.

Nursing Home Residents' Need for Privacy

For decades, psychologists and sociologists have maintained that a healthy sex life or even a mild display of physical affection such as kissing or hand-holding, is much healthier than strong medications that will leave them in a state of stupor all day. We have seen several recent cases of nursing home abuse where elderly residents have suffered serious personal injury and even death because nursing home staff overdosed patients on these medications just to "keep them quiet" and under control. In fact, 30 years ago, sociologists proposed that nursing home operators set aside "privacy rooms" for their residents. But after all these years, that still hasn't happened.

Nursing homes are required under the law to provide basic services such as physical therapy and recreation. The law also contains a Bill of Rights that includes the right to privacy and the accommodation of personal needs. Then, why is it that almost none of nursing homes have taken any steps or have a formal policy in place to ensure that their residents are given some sort of private space, if they wish to have a sex life or a love life? Why is it that cannot spend a few minutes in their own room – their personal space – without having an aide coming in make the bed, mop the floor or bring in the food. I would be shocked if they even knock on the door before entering the room in many of these nursing homes. Just because an individual is older and unable to care for himself or herself, does that take away that person's rights to have a fulfilling life?

The Right to Privacy

In my opinion, a resident in a nursing home or an assisted living facility has every right to personal space and privacy. A person's room in a nursing home is basically their home. No one -- staff, doctors or maintenance staff -- should be walking in without first asking for permission to enter. Of course, there will be incapacitated and dependent residents in nursing homes to whom this may not apply. But, most seniors are able to decide when and if they want someone entering their room, their "home." They pay rent and they have rights. What would our teenagers say if school officials walked into their dorm rooms unannounced? They would be outraged, wouldn't they? They would be marching up and down the quad proclaiming their rights -- rightly so. They have rights and so do our elderly.

Nursing Home Residents Have a Right to Privacy is a post from: Personal Injury Attorney News Portal

Nursing home negligence and abuse is quickly getting to be one of the biggest problems we're facing in our society today. And as our population of boomers age and make their way into the nation's nursing homes, this issue is going to assume huge significance. A San Diego Union-Tribune report gives a good example of the type of nursing home negligence the California nursing home negligence and abuse attorneys at Bisnar | Chase typically see these days.

The news article reports that an Encinitas nursing home has been hit with the most severe citation by California Health Department officials and a $100,000 fine in connection with a patient who died from a preventable fall. The patient, whose name has not been released, was recovering from hip surgery at Aviara Healthcare Center. He was admitted to the nursing home for physical therapy in April. He fell twice there within a 24-hour period on May 9 and May 10.

After the first fall in which the man was not injured, the nursing home staff put an alarm on him. However, when the patient got out of bed and walked into the hallway, the alarm went off, but no staff members responded. The walls lacked a handrail, so when the man began to falter, he grabbed a large mechanical device used to lift patients out of bed. He fell, pulling the equipment to the floor with him. His head struck the metal frame of the lift. He died on May 13, 2009 from blunt force trauma and fatal personal injuries. Aviara employees told California health investigators that the lift was supposed to be kept in a shower room and not in the hallway, but even after the man's death an investigator found that device still left in the hallway. The nursing home was also fined $16,000 for failure to closely monitor a patient who wandered away from the facility three times within nine hours last month.

According to a 2008 Government Accountability Office (GAO) 1,285 nursing homes were cited in 2007 for "actual harm or immediate jeopardy" to residents. Based on GAO's statistics, California leads all other states by far in the number of citations. I find it deeply disturbing that ALL these citations were for serious problems that put the patient's life in harm's way.

The only way to deter nursing homes from neglecting their patients is to hit them where it hurts the most. Nursing homes cut corners or keep staff levels low to make a quick buck and turn a profit. By taking these unethical nursing homes to court, victims' families will not only get the justice and compensation they rightfully deserve, but they will also help right a serious wrong.

San Diego Nursing Home Slapped with Fine for Negligence is a post from: Personal Injury Attorney News Portal