Welcome to the Alameda website for the Law Offices of Ben Yeroushalmi. Our nursing home neglect attorneys are proud to offer legal services to this community. With years of experience in elder abuse litigation, our specialists can help your loved one attain the rights to which he or she is entitled.
Alameda was incorporated in 1916 and is located in the east San Francisco Bay Area. The city is known for its beautiful Victorian houses. Every year, Alameda has a Fourth of July parade that is one of the largest in the United States and covers approximately three miles. The city has a population of 73,812 and is home to seven skilled nursing facilities.
Although it is the responsibility of the nursing home to care for our loved ones, these facilities do unfortunately breach their duties. Therefore, it is important for you to keep a close eye on your loved one, even when he or she is a resident at a skilled nursing facility. One of the best ways to do so is by observing and monitoring the staff. Based on our experience in nursing home neglect litigation, we have found that most injuries that occur in skilled nursing facilities are preventable as long as there is sufficient staff to care for all residents.
Despite California law that requires a minimum of 3.2 nursing hours per patient day (NHPPD), many nursing homes continue to understaff their facilities in an effort to increase profits. It is possible, however, for a nursing home that satisfies the 3.2 NHPPD minimum to still be insufficiently staffed. Under Health and Safety Code 1599.1 (a), a nursing home is required to staff at levels sufficient to care for the acuity needs of all its residents, even if this level exceeds the minimum 3.2 NHPPD.
Numerous studies have confirmed that understaffing fosters an environment that allows for preventable injuries such as falls, infections, and pressure ulcers to occur more frequently. Recognizing the correlation between staffing and injuries, many government organizations that provide funding to health care facilities have made their funds contingent upon reducing incidents of preventable injuries. One such example is a program that was initiated by the Department of Health and Human Services.
While these types of programs have improved conditions in skilled nursing facilities, they have also created certain consequences of which you should be aware. Because facilities with high incidences of preventable injuries will receive less funding, they may have an incentive to conceal such injuries. For example, pressure ulcers are highly preventable with proper care and staffing, and therefore, funding organizations will not provide funds to facilities that fail to prevent such injuries from developing. Because pressure sores have four different levels of severity, nursing homes can easily “understage” these injuries. However, because each level of severity warrants different treatments, calling a stage III pressure ulcer a stage I pressure ulcer can be extremely detrimental to the patients’ health, and in some cases even lead to death.
While it is of utmost importance that you closely monitor your loved one, you can leave the legal issues to us. Our elder abuse attorneys specialize in nursing home neglect litigation and can provide you with the services that you and your loved one need. We are compassionate about what we do and we believe in protecting those in our community who are the most vulnerable. Contact us today for a free consultation.