Consumer Attorney Blog

January 18, 2023

Risk Factors Contributing to Nursing Home Abuse

Elder abuse injuries can occur in any resident of a nursing home regardless of their condition, age, and gender. Certain risk factors make this abuse more likely. To be clear, just because these risk factors are present doesn’t necessarily mean that your loved one will experience nursing home abuse–it only means they are at a greater risk of neglect and abuse. You should not delay in speaking with a capable attorney if you believe your elderly loved one is the victim of any form of abuse or neglect.

Cognitive Impairment

Nursing home residents with dementia and Alzheimer’s disease are at particularly great risk of suffering elder abuse and neglect. Overall rates of abuse by caregivers in patients suffering from dementia range between 34–62% as per a study conducted by the Keck School of Medicine of the University of Southern California, and the National Center on Elder Abuse (NCEA). Researchers, through a study centered on seniors with dementia in the United States, found that over 47% of patients had experienced some form of elder abuse and neglect. Passive neglect, physical abuse, and verbal abuse are common forms of elderly abuse in patients suffering from dementia.

November 16, 2022

Has Your Elderly Loved One Suffered Pressure Ulcers at a Nursing Home Facility? Here’s What You Need to Know!

By Walton Law, A.P.C.

Pressure ulcers are severe and in some cases life-threatening medical conditions. Unfortunately, bed sores and pressure ulcers affect a high number of residents and patients living in assisted living facilities and nursing homes. As per studies, as many as 1 in 5 residents in these facilities suffer signs of pressure ulcers at one point. The fact is most pressure ulcers and bed sores are a form of elder abuse and neglect.

Regardless of what the nursing home tells you, these are most often caused when a resident does not have their basic needs taken care of. These injuries don’t occur overnight. You should speak with an experienced nursing home attorney if you believe your loved one suffered such type of neglect.

What are Pressure Ulcers?

November 9, 2022

6 Red Flags to Watch Out for in Nursing Homes

By Walton Law, A.P.C.

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It can be difficult choosing the right nursing home for your loved ones. You should seek information about previous safety violations and nursing home ratings and reputation before making a decision. With that said, recent reports suggest that the information you find online may sometimes be misleading, incorrect, or incomplete. Moreover, it is not possible to identify whether a certain facility will pose any risks to the residents in the future – simply by looking at its history.

Reputable nursing homes with excellent past records have been known to place elderly residents at risk of life-threatening injuries. Correlating with this, this doesn’t mean that you should completely ignore their safety track record. Instead, on top of regular checks, you should look out for the following red flags when it comes to nursing homes. This should help you find a safe and dependable nursing facility for your loved ones.

Red Flag 1: High rate of Covid-19 deaths and infections nursing homes with a high percentage of Covid-19 infections and deaths may not be taking the life and health needs of their residents seriously. They may not want to pay for proper disinfection and sanitization measures. They may be failing at infection control measures and implementing safety protocols. They may not even ensure that their staff members are fully vaccinated.

October 19, 2022

Restraint-Related Injuries Are Part of Nursing Home Abuse

By Walton Law, A.P.C.

Nursing home residents have the right to be free from any form of elder abuse and be treated with respect. The use of restraints when unwarranted can form part of nursing home abuse. In some valid cases, restraints are required to prevent residents from harming themselves and others. Overuse of restraints without consent is abusive. You may be eligible for legal action if you suspect your loved one was abused in a nursing home facility.

Types of Restraints Used in Nursing Homes

Nursing homes can use two types of restraints on residents for restricting their movement –
chemical and physical. Unfortunately, these restraints are used by staff that is often understaffed, overworked, and unwilling to use other effective safety measures. This is why both chemical and physical restraints can be considered nursing home abuse.

October 5, 2022

What is the Average Nursing Home Abuse Settlement Amount?

By Walton Law, A.P.C.

Nursing home abuse is more common than you think. When there is abuse, it is usually very serious, which means there can be major financial implications for the abuser. That being said, averages can be very misleading. It is not recommended that you ever go off settlement calculators or averages in deciding whether to pursue a case or when setting your expectations. If someone you loved has been a victim of nursing home abuse, contact Walton Law immediately to get your questions answered and learn more about your legal options. Time is of the essence when it comes to Elder Abuse cases; nursing homes are notorious for trying to cover up their illegal actions.

Nursing Home Abuse Case Value

Roughly 95% of all personal injury and nursing home abuse cases settle, meaning there is a resolution to the case without going to an actual trial. Settlements are obtained when both parties agree to a specific amount of damages. Plaintiffs in these types of cases are often able to maintain some control of the outcome to avoid the risk of trial. However, if the parties are unable to reach an agreement the case proceeds to a trial, which comes with its own advantages, such as having a jury hear and decide on the case. Every case is unique to the individual as is the neglect that took place. Additionally, every settlement payout is also somewhat limited by the defendant’s solvency and overall strength of the case. This is why it is always best to talk to an experienced California nursing home abuse lawyer about the value of your potential case.

September 28, 2022

How Can Nursing Homes Prevent Fall Accidents

By Walton Law, A.P.C.

Falls are among the most common injuries in nursing homes among the elderly. Statistics show that nearly thousands of California and Washington residents succumb to fatal injuries because of fall-related injuries. Elderly people are at a greater risk of severe injuries because of osteoporosis, which can make the bones very fragile. This makes the injuries longer to heal and leaves them open to infections.

Most Nursing Home Falls Go Unreported

The majority of nursing homes and care facilities don’t report fall accidents, even to the resident’s loved ones. On average, most accidents can be prevented with the right measures. However, short staffing and other measures of cutting costs prevent nursing home facilities from protecting their residents. Wandering is a leading cause of slip and fall accidents in nursing homes. Older individuals find it difficult to be conscious of their physical abilities. They may attempt to stand up and walk without knowing their capabilities. Medication plays another major role in fall accidents. There are certain psychotropic drugs and other medications that can impact normal brain functioning. These medications cause confusion, drowsiness, and sedation. Fall accidents because of medications are particularly common in patients suffering from Alzheimer’s disease.

September 21, 2022

Can Pressure Ulcers be Prevented? Is The Nursing Home Staff Doing Enough?

By Walton Law, A.P.C.

Pressure ulcers affect a high number of residents and patients living in assisted living and nursing home facilities. This severe condition can affect 1 in 5 residents and patients in these facilities. Pressure ulcers are often caused when nursing home staff fails in caring for the basic needs of a resident. This is a form of elder abuse and neglect that happens over some time.

What Exactly is a Pressure Ulcer?

Pressure ulcers are also called bed sores or pressure sores. These are skin injuries that are caused by persistent friction and pressure in certain areas of the body. Buttocks, back, elbows, heels, hips, and ankles are the most common areas for these ulcers. Residents that have limited mobility, such as bed-bound or those in wheelchairs, are at a greater risk of developing pressure ulcers. This is because they spend long periods of time in a single position.

September 14, 2022

Top 5 Wage and Hour Violations that Employers Commit Against Employees

By Walton Law, A.P.C.

Even in the most pleasant working environment, there are things that we don’t like about our workplace. When you’re on the job and your employer does things that don’t seem right, keep in mind that their actions might not only be unfair, but that they may also be against the law. For instance, wage theft occurs when your employer denies you the wages and benefits that they are supposed to give to you. This is a general category of wrongdoing by employers, but there are specific elements that you want to watch out for. You want to be able to recognize when your rights are being violated. Read on to learn about top five wage and hour violations that employers commit against employees.

Work without pay: Everyone should be paid for the work that they do. However, employers don’t always fulfill this obligation. Not being paid at all is the most blatant form of wage theft. This can occur when there is no pay at all or more likely when you’re not being paid for certain wages. For example, if you’re a non-exempt employee, you’re eligible for overtime pay if your employer requests that you work more than 40 hours in a week. If you work these extra hours but aren’t given the extra pay or are asked to work “off the books,” then you would likely be entitled to receive compensation. Other examples are when employers don’t pay employees for travel time from site to site or not paying an employee’s final paycheck.

Failure to make timely payments or not paying the right amount: You’re supposed to receive your pay on the agreed upon time and for the agreed upon amount. If your employer doesn’t deliver your paycheck on time or if the amount is less than your hourly rate for the hours you worked, it is a violation. This includes overtime on commissions and regular wages.

September 7, 2022

Tips to Build a Workplace Retaliation Case Against Your Employer

By Walton Law, A.P.C.

Many employees feel it is their responsibility to act or “blow the whistle” when their employer engages in unethical or illegal practices. California Law protects these employees. Unfortunately, the law cannot prevent employers from retaliating against whistleblowers. You can pursue financial compensation by enlisting the help of a workplace retaliation lawyer if you were forced to resign, fired, or otherwise mistreated. These are a few tips that can help you document a retaliation lawsuit against your employer under the stipulations of California employment law.

Save All Communication and Correspondence

If you suspect you are a victim of workplace retaliation, you should save all forms of correspondence and communication between your supervisor, potential witnesses, and anyone else that may play a role in your lawsuit later. You would want to save voicemails, text messages, and emails among other correspondence that indicates retaliation against you.

September 1, 2022

Legal Compensation For Wage Theft In California

By Walton Law, A.P.C.

All employers in California are obligated to pay their employees according to certain legal standards. Employees that are paid an illegally low wage or not paid in full can seek compensation in court. However, you should have a clear understanding of all the possible types of compensation before you file a complaint against your employer. It’s recommended that you consult with an employment lawyer for a better understanding of the minimum wage requirements and legal compensation rules applicable to you.

Employers in California are required to do the following:

1. Minimum wage: Least minimum wage as of January 1st, 2022 is $14 an hour for companies that have less than 26 workers and $15 an hour for others. There are specific cities in California that are required by law to have a higher minimum wage than the state requirement.
2. Overtime pay: Non-exempt employees need to be paid overtime for any hours they work exceeding 8 hours in a single workday and 40 hours in a workweek. The stipulated overtime rate is 1.5 times the base hourly rate. In addition, employers are also required to pay their employees at 1.5 times the regular rate for the first 8 hours on every 7th consecutive work day in a week.