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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.
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The Elder Abuse Act AppliesTo Long Term Care Facilities says Los Angeles Elder Abuse Attorney Steven C. Peck

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The application of the Elder Abuse Act against acute care facilities fits squarely under the existing case law, statutory language, and jury instructions. Indeed, the Elder Abuse Act itself includes a broad list of facilities to which the Act applies, making no distinction between skilled nursing facilities and acute care facilities. Welfare and Institutions Code Section 15610.17 states in part:
“Care custodian” means an administrator or an employee of any of the following public or private facilities or agencies, or persons providing care or services for elders or dependent adults, including members of the support staff and maintenance staff:

(a) Twenty-four-hour health facilities, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.
Health and Safety Code Section 1250 includes “general acute care hospital,” as well as “skilled nursing facility,” providing a solid basis for the argument that the Elder Abuse Act applies equally to the acute care setting.
Similarly, the CACI Jury Instructions on Elder Abuse make no distinction between elder abuse in a skilled nursing facility and elder abuse in the acute care setting. Notably, CACI 3103 specifically provides for a cause of action against a health care provider for custodial neglect without regard to the type of facility:

Bedsores, Pressure Sores and Decubitus Ulcers Should Be Avoidable says Los Angeles Nursing Home and Abuse Attorney Steven C. Peck

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Physical Abuse

Bed sores, also referred to as pressure ulcers or decubitis ulcers, are one of the strongest signs of neglect and are completely preventable. Typically, bed sores form on areas where the bone comes into close contact with the skin on the heels, elbows, shoulders and back of the head. They can, however, appear any place on the skin subjected to prolonged pressure. The Centers for Disease Control and Prevention note that bed sores are categorized in stages by the depth and severity of the wound:

– Stage 1: The skin is reddened but not an open wound and will not disappear when pressure is relieved
– Stage 2: Some skin loss associated with the wound and may appear as a blister or shallow crater
– Stage 3: A full thickness of skin is lost, exposing the subcutaneous tissues and appearing to form a deep crater
– Stage 4: A full thickness of skin and subcutaneous tissues are lost, exposing muscle or bone

Federal and State Laws Are Aimed at Preventing Nursing Home Abuse and Neglect Says California Elder Abuse Attorney Steven C. Peck

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Elder abuse in nursing homes is an unfortunate occurrence. This type of abuse encompasses the physical and mental abuse of individuals who reside in nursing home as well as the neglect of these individuals for the negligent failure to provide medical services says California Nursing Home Abuse and Neglect Attorney Steven C. Peck.

There are various federal and state laws which are aimed at preventing nursing home and elder abuse. While some of the laws seek to ensure a safe environment by establishing monetary fines for failure to maintain a proper environment, other laws are criminal in nature.

    Federal Elder Abuse Laws:

  1. There is a substantial federal law which attempts to ensure the quality of nursing homes and prevent elderly abuse. The act is known as the Omnibus Budget Reconciliation Act (OBRA) of 1987. In addition, the act is sometimes referred to as the Nursing Home Reform Act. This act contains provisions specifically aimed at nursing homes which participate in Medicare and Medicaid and receive payment from these programs. The act has companion regulations, contained in the Code of Federal Regulations (CFR). These regulations establish the specific duties of a nursing home, which include having adequate staff, developing comprehensive care plans for nursing home residents, assisting with the daily life activities of the residents, taking preventative measures to prevent bed sores and other types of infections, providing appropriate skilled nursing and non-skilled nursing services to residents, giving medications to patients as needed, ensuring patients’ privacy and maintaining updated records for each patient.

    2. State Elder Abuse Laws:

  2. Every state has laws relating to abuse in nursing homes and health care facilities where the elderly reside. These may include statutes which prohibit the use of restraints without an independent medical review of up to two doctors, establish a freedom from physical or mental abuse, as well as the right to be treated with dignity, to be involved in one’s own care and care plan, to have regular visiting hours, to receive mail and to manage one’s own affairs. There are other types of laws which may apply, but these are the most common provisions. Usually, with these types of state laws, the penalties are civil in nature; in other words, a violation of the law may result in a fine. In California the Nursing Home State laws are encompassed in Title 22 of the California Code of Regulations.

    3. Criminal Elder Abuse Laws:

  3. Since elder abuse encompasses physical acts and neglect, there are criminal laws which apply to elder abuse. Rape, battery and assault are all covered by criminal law statues of the state in which the nursing home is located. Furthermore, more serious criminal acts, such as manslaughter and murder are all possible charges against individuals who commit crimes against nursing home residents. In California see California Penal Code Section 368.

The federal law discussed above, known as the Omnibus Budget Reconciliation Act of 1987 or the Nursing Home Reform Act, requires that an ombudsman program be maintained by every state. An ombudsman is a person who serves as an advocate for nursing home residents. The person may assist in the disposition of concerns or problems, or intervene to assist in claims of elder abuse. The goal of the program is to ensure that nursing home residents have the ability to receive quality care and ultimately reduce elder abuse.

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