On October 4, 2010, the family of Ruby Larson, a resident of Pheasant Pointe Retirement and Assisted Living Residence, was awarded $821,000 in damages from a Multnomah County jury in a 11-1 verdict for negligence. The trial went on for five days; the body of Ruby Larson was found in May of this year after she disappeared from the residence in 2007. Larson had "eloped" or wandered from Pheasant Pointe several times; staff members informed the family not to worry when asked if Larson may need increased supervision.

In the month prior to Larson's disappearance from the facility, she had wandered off three times. One year before Larson disappeared for good, she had wandered from her sons home and wound up 11 miles away at a hospital. The family sued Pheasant Pointe Retirement and its parent companies, SRC of Oregon and Spectrum Retirement Communities of Oregon, alleging failure to provide adequate care which resulted in Larson wandering away from the facility on several occasions.

When Ruby Larson "eloped" from Pheasant Pointe in 2007, she never returned and efforts to locate her were in vain. It had seemed that she vanished in to thin air. In May of this year, a 4-year-old boy found her fully clothed body in blackberry bushes while looking for his lost cat; her body was only 1/4 mile from the facility from which she vanished.

Nursing home abuse and neglect is a common and growing concern in this country. We trust nursing homes and elder care facilities to care for and nurture our loved ones, but also to prevent them from doing things that may put them in harm's way.

If you suspect that your loved one is being neglected or abused in any way in one of these facilities, contact a qualified New York nursing home abuse and neglect attorney. Your loved one does have rights; it may be up to you to protect them.

This article is provided on behalf of Buffalo NY Injury Attorneys at Brown Chiari.

Skilled Healthcare Group Inc., an Orange County nursing home operator with facilities in Los Angeles and elsewhere in California, has been hit with a $671-million fine for failing to provide adequate staffing, the Daily Breeze reports. Understaffing or lack of adequate staffing is considered to be one of the leading causes of nursing home negligence and abuse in the United States. The civil judgment was issued by a jury this week in Humboldt County. A class-action lawsuit filed against the company alleged violation of a state law that requires nursing homes to provide 3.2 nursing hours per patient each day. The complaint represents about 32,000 patients in 22 facilities and covers a time period from 2003 to 2009.

Damages and Restitution

The company is planning to appeal the civil penalty. The Humboldt County jury awarded plaintiffs $613 million in statutory damages and $58 million in restitution. This is the maximum allowed fine under California law. The punitive damages in this case are still to be determined.

The complaints against the nursing homes included many involving quality of care and treatment, as well as the nursing services. In 2004, one of the company's facility in Torrance was cited for a "level three" violation, which means the negligence or deficient care could have resulted or did result in serious personal injuries to residents.

The Problem of Understaffing in Nursing Homes

A Government Accountability Office (GAO) report in 2003 stated that at least one in five of all nursing homes in the United States are plagued by serious deficiencies that place nursing homes residents in immediate danger or cause them actual harm. According to this report, quality of care in these nursing homes drops dramatically when residents receive less than three hours of the nurse’s and nurse’s aide’s time per day. Sadly that’s the case in about 54 percent of nursing homes.

Understaffing in nursing homes occurs largely in for-profit nursing facilities that aim to boost profits at the expense of their residents' well-being. These are companies that put profits over the safety of the vulnerable seniors they serve. I commend this jury in Humboldt County for the absolutely necessary and fair decision. The evidence in favor of the plaintiffs' claims was clearly overwhelming in this case. I can only imagine that jurors saw the direct impact of understaffing on the residents of these nursing homes. I hope the jury also awards punitive damages in this case to send a clear message to other nursing home operators that they cannot afford to jeopardize the safety of their residents for the sake of profit.

Do you have a loved one in a nursing home? What are your biggest concerns about the type of care they receive?

Los Angeles County officials are investigating allegations that certain staff members at the Olive View-UCLA Medical Center took gifts from nursing home employees in exchange for placing Medicare and Medi-Cal patients at their facilities. Apparently, these facilities have been cited several times this year by the California Department of Public Health for nursing home negligence. According to a news report in the Los Angeles Times, there has been a possible violation of the county's code of ethics as well as a violation of state and federal anti-kickback laws.

Officials with the county's Department of Health Services told the Times that the patients were mostly referred to Valley Manor Convalescent Hospital, Valley Palms Care Center and Sun Air Convalescent Hospital. All three are apparently for-profit nursing homes and each has been cited by the health department recently for providing substandard care. Managers of the nursing homes are saying that they have not been involved in any wrongdoing.

Unethical Practices Alleged

But the Times spoke to employees who say that the nursing homes offered several "gifts" including designer bags, tickets to costly entertainment events, gift baskets and store gift certificates. In fact, one employee said that a gift basket was delivered once at an office baby shower under the watch of a supervisor.

These allegations have not been proven yet. But they are serious allegations no doubt. Did staffers really take kickbacks and refer these patients to substandard nursing homes? Did any patients suffer serious personal injuries as a result of the substandard care he or she received? Did supervisors know about this unethical and criminal practice, if it in fact occurred? How many employees were involved? I trust the district attorney will also get involved in the case at some point and decide whether to press criminal charges against the hospital, its staff and the nursing homes said to have been involved.

Finding the Answers

This is deeply disturbing news indeed with the implications of an abuse of trust. Most families of patients would take the word and medical care recommendation of hospital staff. If they did send these unsuspecting patients and their families to nursing homes, knowing fully well that they would get substandard care, then that is criminal. If the allegations are true, I hope the district attorney prosecutes the involved parties to the fullest extent of the law.

If you or a loved one has been injured as a result of nursing home negligence or abuse, please contact an experienced Los Angeles personal injury lawyer to find out more information about your legal rights and options.

What are some tips you would offer to those who are looking for nursing homes for their loved ones?

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 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 us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.

Nursing home abuse and negligence as well as other elder abuse complaints are severely underreported in California. According to a news report in The Orange County Register and also, based on recent findings from the California Senate Office of Oversight and Outcomes, serious deficiencies exist in California's approach to detecting and responding to elder abuse and neglect.

The System is Flawed

California now, has more than 9,000 nursing homes and residential care facilities for seniors and 290,000 licensed beds, the report states. There is also an estimated, 1,000 strong force of ombudsmen who were originally given the responsibility of acting as watchdogs and mediators. The ombudsmen's role was intended to provide long-term oversight by carrying out tasks such as regular spot checks of facilities and following up on complaints. One problem is that Governor Arnold Schwarzenegger sliced their budget leaving them completely shorthanded and without enough manpower to keep an eye on nursing homes and care facilities.

The other serious problem with the system is that the ombudsmen can only tell law enforcement about problems if the complaining parties agree to release their names and complaints. Now, only 25 percent agree to identify themselves in their complaints. What that means is 75 percent of the complaints would officially go unreported. These serious complaints typically range from sexual harassment and financial exploitation to physical neglect. These vulnerable seniors don't want to sign their names on complaints because they fear retaliation. It becomes even more challenging in cases where abuse is reported by staff on behalf of a resident with dementia. In such cases, the resident is unable to give informed consent.

The Elderly Need Protection Against Retaliation

There is no question that this system is completely flawed. It offers absolutely no protection to the elderly who are left without a voice. Residents, their family members or employees of a facility should be able to report negligence or abuse without fear of being exposed or retaliated against. Our senior population is growing larger each year. In 2004, 12 percent of the nation was over 65. In 2050, that number is expected to grow to 21 percent, according to the U.S. Census Bureau.

It now, seems very likely we'll be faced with a growing number of serious nursing home negligence and abuse incidents. As California personal injury attorneys who represent victims of nursing home abuse and negligence, we have seen the suffering of victims and their families first-hand. We need a system where our elderly will be protected and can be heard in these types of cases.

Placerville Pines Care Center in Sacramento is facing $100,000 in fines after state inspectors alleged that nursing home negligence caused the death of a patient at the facility. According to a news report in KCRA News, the Placerville nursing home got an AA citation from the California Department of Public Health. Investigators say the facility failed to adequately assess the patient and notify the physician when the patient's condition changed. State investigators found that this failure directly contributed to the patient's death.

Nursing Home Negligence Citations

The state of California has the statutory authority to impose fines against nursing facilities it licenses as a way to enforce remedies for poor care. State citations are normally categorized as Class B, A or AA. Class AA is the highest category and is usually imposed for the most serious violation or case of negligence, which directly leads to the death of a nursing home patient.

My heart goes out to the family of this nursing home patient, who died because he or she did not receive the level of care that was expected from this nursing home. It is no doubt a heartbreaking loss for the patient's family. I offer my deepest sympathies to them.

Nursing home abuse and negligence cases are at an all-time high in the United States as more and more of the baby boomer generation head to these facilities. A Government Accountability Office (GAO) study that was released recently shows the number of distressed nursing homes is at least four times higher than what the Centers for Medicare and Medicaid Services estimates. According to the GAO list, there are 40 nursing homes here in California with extremely poor living conditions and the worst performance. California apparently has the highest number of these "special focus" nursing homes that have the poorest quality of care.

An Experienced California Personal Injury Lawyer Can Help

A number of these deaths in nursing homes can be attributed to the problem of understaffing. Nursing homes, especially for-profit facilities, tend to keep their employee numbers low in order to maximize profits. What happens then is that patients do not get the level of care and attention they need. Diseases and infections go unnoticed, health conditions go untreated and the seniors' needs are simply not met. In my opinion, nursing homes are obligated to provide quality care to their patients. There is little room for any type of negligence here, especially, when taking into account the infirmities and poor health of the residents.

If your loved one has been neglected or abused in a nursing home, please consult with an experienced California personal injury lawyer to find out more about your legal rights and options. Taking action against these facilities that don't take proper care of their vulnerable residents is the best way to deter such behavior in the future.

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 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 us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.

At a time when incidents of California nursing home abuse and negligence are rampant, a new study has found the government program that is meant to increase the level of scrutiny of poorly performing nursing homes still leaves out hundreds of troubled facilities. According to an Associated Press news report, the Centers for Medicare and Medicaid Services identifies up to 136 nursing homes as "special focus" facilities that will be inspected more often because of their prior violations. But Government Accountability Office (GAO) investigators say that the number should actually be closer to 580 -- four times what it is right now.

Number of Troubled Nursing Homes On the Rise

The AP report quotes Senator Herb Kohl, Chairman of the Senate Aging Committee, as saying that he would like to see more "explicit warnings" about nursing homes be placed on Web sites such as Medicare's Nursing Home Compare , which grades nursing homes. The GAO recommended expanding the nursing home "special focus" program two years ago. But that did not happen because federal officials, who admitted the need for the program expansion, said they did not have the resources to do so. According to the GAO list, there are 40 nursing homes here in California with extremely poor living conditions and the worst performance. However, only four in California come under the "special focus" list.

The GAO report also found that the worst performing facilities tend to be the for-profit nursing homes that are affiliated with a chain of nursing homes. The worst performing nursing homes also tend to be larger facilities averaging 102 residents. Nationwide, there are about 16,000 nursing homes. The 580 facilities identified by the GAO as the worst performing accounts for about 4 percent of the nation's nursing homes.

An Experienced Personal Injury Lawyer Can Help

The findings of this latest GAO study make sense to me. In many cases, the negligence of nursing home staff is the direct cause of the patient's serious personal injury or death. Going by the numerous media accounts and increasing coverage of abuse and neglect in nursing homes nationwide, it seems clear that nursing home negligence and abuse is far greater now. Understaffing in nursing homes and some for-profit homes' unwritten policy of putting profits over their residents' well-being has led to this state of affairs.

If your family member has been seriously injured or killed as a result of nursing home negligence or abuse, please contact a reputed California personal injury lawyer, who has experience and a successful track record handling nursing home cases and California wrongful death claims. Taking action against these facilities that do grievous wrong to their patients and the families that entrust their loved ones to their care, is the best way to deter them from pursuing unethical business practices.

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 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 us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.

Tustin Care Center in Orange County has been accused of nursing home negligence and fined for neglecting a nursing home resident, who California Health Department officials say, choked on his lunch and died. According to a news report in The Orange County Register, the man died in March after choking on his lunch. Apparently, staff members noticed that the man had been growing weaker and yet allowed him to eat regular meals on his own.

On the day he died, the man was eating soup with rice when he called out for his wife, who was also a patient. He then struggled to breathe and a nurse started the Heimlich maneuver, but could not dislodge the food. The man died later the same day, in a hospital. An autopsy reportedly found food completely blocking his trachea. Officials also concluded in their report that the nursing home failed to assess his ability to eat, which was a direct cause of his death.

I offer my deepest sympathies to the family of this man for their tragic loss. This type of death or serious personal injury could have been easily prevented with better monitoring on the part of the nursing home staff. My heart goes out to the family of this man. Please keep them in your prayers.

Understaffing is a Serious Problem

According to a Government Accountability Office (GAO) report in 2003, at least one in five of all nursing homes in the United States are plagued by serious deficiencies that place nursing homes residents in immediate danger or cause them actual harm. According to this report, quality of care in these nursing homes drops dramatically when residents receive less than three hours of the nurse’s and nurse’s aide’s time per day. Sadly that’s the case in about 54 percent of nursing homes. The report also states that nursing home staff are underpaid and overworked. Nursing aides, for instance, are paid $7 to $8 an hour for work that is often strenuous and stressful.

Nursing home negligence is directly related to understaffing at these facilities. The companies that own these nursing homes put profits over the vulnerable residents they are supposed to care for--and that should never, ever be acceptable. We don't know yet exactly what went wrong or who dropped the ball at this Orange County nursing home. But obviously, there was a great amount of negligence.

The family of this deceased victim would be well-advised to retain the services of an experienced Orange County personal injury lawyer who will hold this nursing home accountable for this patient's fatal injuries. Where negligence or wrongdoing is involved, families of deceased victims could file a wrongful death claim. Such claims seek compensation for medical/funeral expenses, loss of earnings, loss of companionship and other related damages. Frankly, such lawsuits are not just about money. I believe they will bring about changes at these nursing facilities and prevent future incidents of negligence and/or abuse.