Skip to main content

phoneFREE CASE EVALUATION (866) 999-9085

Author Archives: Adam Peck

 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.
Older posts
Newer posts

Are Nursing Homes Safe for My Parents?

Posted on by
Nursing Home Attorney fence in California

As our parents age, it may eventually become necessary to consider whether helping them move into a nursing home is the right decision for you and your family. In some cases, you may be able to help care for them in your own home. However, for many adults, this is not possible for a number of different reasons. Prior to making this decision, there are a few things to consider. Most importantly, you will want to make sure that your parents will be safe.

Nursing Home Safety

It is a sad reality that elder abuse does occur in nursing homes. For this reason, you will want to be extra vigilant as you tour different nursing homes. Some of the common factors that may lead to elder abuse in nursing homes include inadequate staffing and insufficiently trained staff. It is important to ask how many residents are assigned to each staff member and to ask for other information regarding their training.

A good time to tour prospective nursing homes is during lunchtime when you and your parents will be able to assess the community’s culture. You can see how the other residents interact, as well as observe the staff’s interactions with the residents.

After you have chosen the nursing home and helped your parent or parents move in, make sure to continue to keep in close contact with them, and visit whenever possible. This way, the lines of communication stay open, and you can jump in to help if you have any suspicions of possible abuse down the road.

Elder Abuse in Nursing Homes

While many nursing homes are perfectly safe for your elderly loved ones, it is important to stay alert and watch for any signs of elder abuse. If you suspect an elderly loved one has become a victim of elder abuse in a nursing home, contact a nursing home abuse attorney right away.

Elder Abuse Prevention

Posted on by
elder abuse prevention in California

While instances of elder abuse cannot always be prevented, there are steps that you can take to help protect your elderly loved ones from suffering from this type of abuse. Even just being aware that elder abuse does happen, especially in places like nursing homes and assisted living facilities, can be the first step of prevention.

Help Elderly Loved Ones Stay Connected to Their Communities

One way you can help to prevent elder abuse is to encourage and support your elderly loved ones in maintaining relationships and staying active in their communities. Since elderly individuals who are isolated are more likely to be taken advantage of, keeping them engaged in social activities and strengthening ties within the community helps lessen this risk.

Support Your Elderly Loved One’s Primary Caregiver

Unfortunately, caregivers tend to be the most likely perpetrators of elder abuse. Even if you believe your loved one is in good hands, if you have a relationship with their primary caregiver, it is a good idea to check in occasionally and ask how they are doing. You can offer your emotional support, which can go a long way toward lessening their stress associated with caring for their loved ones.

Encourage Elderly Loved Ones to Remain Physically Active

Another risk factor of elder abuse is poor physical health. When elderly individuals exercise frequently, their general health tends to improve, and they can reduce their loss of mobility as well.

Protect Your Elderly Loved One from a High-Risk Caregiver

You can also help prevent elder abuse by intervening in the event you believe your elderly loved one is being taken care of by someone who has a history of violence or abuse. Being the primary caregiver to an elderly individual can be taxing emotionally, so it is essential that any caregiver is in good emotional and physical condition and able to handle these stressors.

New Mandatory Reporting Requirement in 2020

Posted on by
Nursing Home Abuse Local News Los Angeles California

New Mandatory Reporting Requirement:
Patient Allegations of Sexual Misconduct by his/her Licensed Provider

Effective January 1, 2020:

Section 805.8 of the California Business and Professions Code was added to the statutory framework. When a health care facility receives a written allegation of a provider’s sexual misconduct or sexual abuse of a patient, submitted to the facility by the patient or the patient’s representative, the health care facility must report it within 15 days to the provider’s professional licensing board, or face monetary penalties not to exceed $100,000. “Sexual misconduct” is defined as “inappropriate contact or communication of a sexual nature.” This mandatory reporting requirement applies to clinics or health care facilities, whether licensed or exempt from licensure, and includes post-secondary educational institutions. Providers include a person with a license to practice in the healing arts including physicians on a medical staff,  or hired under contractual or locum tenens arrangements for inpatient or outpatient services.

Willful failure to file the report is punishable by a fine not to exceed one hundred thousand dollars ($100,000) per violation. If the responsible reporter is a physician, his/her failure to report will be subject to an action or proceeding by the Medical Board of California. If the failure to report is not willful, it is punishable by a fine not to exceed fifty thousand dollars ($50,000) per violation. The amounts are determined by several factors including whether the failure to report resulted in patient harm or risk to patient safety; whether there was a prior failure to report and other factors.

Older posts
Newer posts