Nursing Home Abuse

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Ellison John Transitional Care Center Nursing Home Abuse & Neglect Attorneys, Lancaster

Trusted nursing home abuse and neglect lawyers holding California nursing homes responsible

Nursing home abuse and neglect are serious and distressing issues that can profoundly impact the lives of our elderly loved ones. At Garcia & Artigliere, we understand the emotional and physical toll that abuse and neglect can take on residents and their families. Our mission is to advocate for the rights of those affected by substandard care, hold negligent parties accountable, and ensure that vulnerable individuals, like your loved one, receive the protection and respect they deserve.

Has understaffing at Ellison John Transitional Care Center led to:

Abuse/assault: Abuse and assault in nursing homes involve the deliberate infliction of harm, whether through physical violence, emotional distress, or sexual misconduct, on vulnerable residents. These actions not only violate the residents' trust but also cause severe trauma.

Medication errors: Medication errors in nursing homes occur when residents receive incorrect medications, improper dosages, or miss their prescribed treatments, potentially leading to serious health complications. These errors can exacerbate existing conditions or introduce new risks.

Incomplete care plans: Incomplete care plans in nursing homes result in inadequate or inconsistent attention to residents' specific medical and personal needs, leading to substandard care. This lack of comprehensive planning can contribute to deteriorating health conditions and reduced quality of life.

Wandering: Wandering in nursing homes occurs when residents with cognitive impairments, such as dementia, move about unsupervised, posing risks of injury or becoming lost. This behavior often reflects inadequate supervision or safety measures.

Elopement: Elopement in nursing homes happens when residents with cognitive impairments leave the facility without supervision, exposing them to significant dangers such as accidents or becoming lost.

Malnutrition: Malnutrition in nursing homes occurs when residents do not receive adequate nourishment due to neglect, medical issues, or inadequate meal planning. This condition can lead to severe health problems, including weakened immunity, muscle loss, and increased susceptibility to illness.

Dehydration: Dehydration in nursing homes arises when residents do not consume enough fluids, often due to neglect or communication barriers. This can lead to serious health issues, such as kidney failure, confusion, and increased risk of infection.

Infections: Infections in nursing homes can rapidly spread among residents due to lapses in hygiene, inadequate medical care, or poor infection control practices. Prompt detection and treatment are crucial to prevent severe health complications and ensure a safe environment for all residents.

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What signs indicate someone in Ellison John Transitional Care Center is being abused or neglected?

Signs that someone at Ellison John Transitional Care Center may be experiencing abuse or neglect include unexplained injuries such as bruises, cuts, or bedsores, sudden or unexplained weight loss, and noticeable declines in personal hygiene or overall health. Behavioral changes, such as increased anxiety, withdrawal, or fearfulness, may also indicate abuse.

Additionally, signs of untreated medical conditions, malnutrition, dehydration, or evidence of poor living conditions can signal neglect. If a resident appears fearful of specific staff members or raises concerns about their care, it may also be a red flag.

What rights do Ellison John Transitional Care Center residents have?

Residents of Ellison John Transitional Care Center have several key rights, including:

  • Right to dignity and respect: Residents should be treated with dignity, respect, and compassion, and their privacy and personal preferences must be honored.
  • Right to quality care: They are entitled to receive care that meets their medical, personal, and emotional needs, according to their individualized care plans.
  • Right to safety: Residents have the right to live in a safe environment free from abuse, neglect, and exploitation, with appropriate measures in place to ensure their protection.
  • Right to informed consent: They should be fully informed about their medical treatments and have the right to consent to or refuse any treatments or procedures.
  • Right to privacy: Residents have the right to privacy concerning their medical records, personal belongings, and communications.
  • Right to participate in care decisions: They can participate in decisions about their care and treatment, and have the right to voice concerns or grievances without fear of retaliation.
  • Right to access: Residents should have access to their medical records and be able to communicate with family members, advocates, or legal representatives as needed.

Who is liable for nursing home abuse and neglect at Ellison John Transitional Care Center?

Determining liability for nursing home abuse and neglect involves identifying who is responsible for the harm caused. Several parties could be held liable, including:

  • Nursing home facility: The facility itself can be held liable if it fails to provide adequate care, hires unqualified staff, or fails to maintain proper policies and procedures to prevent abuse and neglect.
  • Nursing home staff: Individual caregivers, nurses, or other staff members who directly engage in abusive or neglectful behavior can be held personally liable.
  • Management and supervisors: If supervisors or administrators fail to properly train, supervise, or discipline staff, they can be held liable for contributing to or allowing the abuse or neglect to occur.
  • Third-party contractors: If the nursing home outsources certain services (e.g., food service, cleaning, or medical care) to third-party contractors, these contractors can be liable if their employees engage in abuse or neglect.
  • Owners and operators: The corporate entity or individuals who own and operate the nursing home may be liable, especially if systemic issues such as understaffing or inadequate resources contribute to the abuse or neglect.
  • Physicians or medical professionals: If a resident is harmed due to medical negligence, the healthcare professionals involved could also be held liable.

The nursing home abuse and neglect lawyers at Garcia & Artigliere can help determine which parties should be held accountable.

How can you help an Ellison John Transitional Care Center resident who is being abused or neglected?

If a resident at Ellison John Transitional Care Center is being abused or neglected, there are several ways to help them:

  • Report the abuse: Contact local authorities, such as the police or Adult Protective Services (APS), to report the abuse or neglect. In emergencies, dial 911.
  • Notify facility management: Report the issue to the management of Ellison John Transitional Care Center. They are obligated to take immediate action to protect the resident.
  • Relocate the resident: If necessary, move the resident to a safer environment, such as a different care facility or a family member’s home.
  • Gather evidence: Document any signs of abuse or neglect, such as injuries, malnutrition, or unsanitary living conditions. Take photographs, keep medical records, and note any statements from the resident or witnesses.
  • Maintain records: Keep a detailed record of all incidents, including dates, times, and the names of those involved.
  • Consult with a personal injury attorney: Garcia & Artigliere has decades of experience in nursing home abuse and can help assess your case, gather evidence, and pursue legal action against those responsible.
  • File a lawsuit: We can file a lawsuit for damages, which may include compensation for medical expenses, pain and suffering, and punitive damages.
  • Regular monitoring: Ensure regular visits and checks on the resident’s condition, whether they remain at Ellison John Transitional Care Center or move to a new facility.
  • Ongoing communication: Maintain open communication with the facility's management and healthcare providers to ensure the resident's ongoing safety and well-being.

Helping your loved one in this situation involves both immediate intervention and long-term legal and medical support to ensure they are protected and compensated for any harm suffered.

Do you have a Lancaster nursing home abuse and neglect attorney near me?

At Garcia & Artigliere, we fight aggressively for any nursing home resident who suffers abuse or is harmed due to any type of preventable conduct. We have offices throughout California and also meet seniors and families outside the office through video conference or by phone when necessary.

Our dedicated Lancaster nursing home abuse and neglect attorneys are here to help

If you or a loved one is experiencing abuse or neglect at Ellison John Transitional Care Center, don’t wait—take action today. Contact the experienced nursing home abuse attorneys at Garcia & Artigliere to ensure the safety and well-being of your loved one. We will fight to hold those responsible accountable and secure the justice and compensation your family deserves. To schedule a free, confidential consultation with one of our experienced Lancaster nursing home abuse and neglect lawyers, call or contact our offices in Long Beach or Los Angeles. We proudly serve clients throughout California.

Please read this important information

Both federal and state laws require skilled nursing facilities such as The Ellison John Transitional Care Center to provide sufficient and competent nursing staffing to meet the needs of their census populations. The federal Centers for Medicare & Medicaid Services (“CMS”) monitors and regulates skilled nursing facilities and their various staffing levels. Understaffing at skilled nursing facilities often leads to high employee turnover, employee burnout, unsafe working conditions, increased workload and overtime, and unsafe staff to patient ratios. In turn, such understaffing may lead to poor care, lower health inspection ratings, and more instances of abuse and/or neglect.

In its regulatory role, CMS created the Five-Star Rating System [1] that calculates various quality measures based on the data that each facility provides to CMS as part of their respective participation in the Medicare program. According to CMS, “[n]ursing homes with 5 stars are considered to have much above average quality and nursing homes with 1 star are considered to have quality much below average.”[2] Notably, among the most significant factors reviewed by CMS is the “staffing” provided to each facility’s census population.

Based on the data provided to CMS, CMS has determined that The Ellison John Transitional Care Center located at 43830 10th Street W in Lancaster, California garnered a 1 Star Rating for health inspections, which ranks at the bottom of that scale – “much below average.”[3] On February 23, 2024, The Ellison John Transitional Care Center was cited for numerous deficiencies, which are available to review in inquiring whether those same deficiencies may apply to you or your loved one (e.g., failing to “provide appropriate pressure ulcer care and prevent new ulcers from developing,” failure to “ensure that a nursing home area is free from accident hazards and provides adequate supervision to prevent accidents”).[4]