Friday, January 18, 2013

Egregious Abuse At California Nursing Care Centers

The elderly and the disabled are some of Californias most vulnerable populations. Unfortunately, they are frequently abused and neglected. Moreover, residency at expensive nursing care centers does not ensure their safety, as many have suffered egregious abuse resulting in injury or even death while in the care of such facilities, explains an attorney in the state.

In the past several years, the issue of understaffing has received widespread media coverage. In 2008, a nursing home in Placerville, California was fined $21,000 for the death of its 86-year-old resident. The resident died from complications related to dehydration just four months after entering the facility. An investigation by the state Department of Health Services revealed that the staff had neglected to monitor the mans fluid consumption and that his death was at least partially attributable to understaffing at the nursing home.

More recently, a Humboldt County jury awarded the participants of a class action lawsuit against an Orange County-based nursing home firm $640 million. It found that the firm had failed to meet staffing minimums at its 22 California nursing homes. An attorney representing the plaintiffs stated that residents and patients were forced to make difficult decisions over whether to keep quiet about soiling undergarments or seek to have their briefs changed, reported California Watch. Those who requested a change of underwear were often confined to their beds until the next day, as the staff did not have enough time to return them to street clothes or help them into wheelchairs.

Over the years, nursing center residents and patients have suffered abuse at the hands of nurse assistants and caregivers. In one case, a co-worker witnessed a nurse assistant repeatedly physically harm patients, many of whom were blind and developmentally disabled: she struck one patient in the head with a puzzle tray, used one patients hand to hit another patient, and punched a third patient in the stomach. Despite having her certification revoked, five months later she received clearance to work at another care center.

In another case, a certified nurse assistant pulled a resident up by the neck, grabbing her hair. Although a state investigator reported that the C.N.A. was dangerous and should not be allowed to work in nursing centers, the Department of Social Services database still indicates that the C.N.A. is eligible to work in such facilities.

The prevalence of abuse and neglect in California nursing centers can be partially attributed to the states weak penalties for violations and poor regulation of nursing staffs. Recently, a nursing center in Oroville received 15 citations for violating state and federal resident eviction laws but was only fined $15,000. Moreover, the six agencies responsible for monitoring the nursing staff working in such facilities has no central database with which to reference employee records, leading nurse assistants and caregivers to slip through the system and work again after losing certification.

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