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 About Adam Peck

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.

An Understaffed Nursing Home Will Be Hazardous to Your Health States Los Angeles Nursing Home Abuse and Neglect Lawyer Steven Peck

An understaffed nursing home can be hazardous to your health if you’re a resident there. The latest evidence comes from a study conducted by researchers at the University of Pittsburgh’s Graduate School of Public Health, published in the May issue of the American Journal of Infection Control (AJIC).

The study found “a strong correlation between low staffing levels and the receipt of an infection control deficiency citation” at nursing homes, according to a news release from the Association of Professionals in Infection Control and Epidemiology, publisher of APIC. And infections are the leading cause of death in nursing homes, according to the release, responsible for nearly 400,000 deaths per year says Nursing Home and Abuse Attorney Peck.

Inadequate staffing levels leave the people who are working with too much to do, and that seems to be what leads to the increase in infections. “With low staffing levels,” wrote the authors of the study, “these caregivers are likely hurried and may skimp on infection control measures, such as hand hygiene.”

The researchers found the percentage of nursing homes nationally that received deficiency citations for infection control from the Centers for Medicare&Medicaid Services (CMS) was 17.3% in 2007 — more than one in six. And that percentage was up sharply from 12.9% in 2000. The increase comes as no surprise when you know the study also found a strong correlation between infection citations and nursing homes’ for-profit status. Investment groups began gobbling up nursing homes over the past decade; CMS data shows the percentage of nursing home nationally that are operated as for-profits rose from 65.6% in 2004 to 67.4% in 2008.

As far back as 2001, a University of California, San Francisco study found “for-profit nursing homes are much more likely than their non-profit counterparts to be cited for deficient quality”; similar findings came from a federal study in 2008. (This 2007 New York Times story by Charles Duhigg describes how for-profit operators cut staffs after taking over non-profit nursing homes.)

Infection rates can be reduced all the way to zero, with proper procedures. But those procedures take time to execute. As Tina Rosenberg wrote on The New York Times’ web site, hand washing “has to be done dozens or hundreds of times a day by busy health care workers who may be doing two or three things at once and have their hands full of supplies.” It’s harder to keep your hands clean when your workload is increased as the result of understaffing.

There are good reasons why California and other states have minimum staffing requirements for nursing homes — and why there are penalties for failure to meet those requirements. The risk of spreading lethal infections is one of those reasons.

California Nursing Home Illegally Evicts Elders says Los Angeles Nursing Home Abuse and Neglect Lawyer Steven Peck

The State of California has issued 15 citations, accusing an Oroville nursing home of illegally moving 14 residents out of the facility last year.
Olive Ridge Post Acute Care was ordered to pay $15,000 in fines because of the citations, which were issued in February of 2011 indicates California Elder Abuse Lawyer Steven Peck.

In early 2010, the nursing home staff told residents of a locked unit that they would have to move out, according to the California Department of Public Health. Olive Ridge administrators began finding other nursing homes around the north state that would take these residents.

A Department of Public Health document said the state was told the locked unit, which was for residents with Alzheimer’s, dementia, psychosis and other ailments, was being phased out and would be converted to an unlocked unit.

Originally, there were 25 residents in the locked unit. By late February of 2010, 14 of them had been moved to other nursing homes. Another six were waiting to be transferred, and five were going to stay at Olive Ridge and be put in with the general population of residents.

A summary of the state’s action against Olive Ridge was posted on the Internet by the watchdog group California Advocates for Nursing Home Reform.

It stated Olive Ridge was cited for breaking a number of laws, including those requiring that residents receive ample advance notice and that nursing homes file a relocation plan with the state.

According to federal law, the only valid reasons for moving a resident to another nursing home are that the move is necessary for the resident’s health, the resident has gotten better and no longer needs the facility’s care, the safety or health of the residents are endangered, the resident has failed to pay for staying in the facility, or the facility goes out of business.

In its summary, the reform group charged that by closing its locked unit, Olive Ridge appeared to be “following an increasingly popular model of nursing home care (of) moving out long-term residents who were perceived as difficult to manage to increase the available beds for short-term rehabilitation residents who pay more for their care.”

A Description of Seven Different Types of Elder Abuse

The National Center on Elder Abuse defines seven different types of elder abuse: physical abuse; sexual abuse; emotional abuse; financial exploitation; neglect; abandonment; and self-neglect.

These definitions are based on an analysis of existing State and Federal definitions of elder abuse, neglect and exploitation conducted by the Center in 1995 says California Nursing Home Abuse and Neglect Attorney Steven Peck.

Physical abuse

Use of physical force that may result in bodily injury, physical pain, or impairment.

Sexual Abuse

Non-consensual sexual contact of any kind with an elderly person.

Emotional abuse

Infliction of anguish, pain, or distress through verbal or non-verbal acts.

Financial/material exploitation:

Illegal or improper use of an elder’s funds, property, or assets.

Neglect

Refusal, or failure, to fulfill any part of a person’s obligations or duties to an elderly person.

Abandonment

Desertion of an elderly person by an individual who has physical custody of the elder or by a person who has assumed responsibility for providing care to the elder.

Self-neglect

Behaviors of an elderly person that threaten the elder’s health or safety.