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Nursing Home Residents Labeled as “Difficult” are Regularly Targeted for Abuse and Eviction

By Walton Law APCJune 28, 2016March 4th, 2023No Comments

According to a recent report
from the Associated Press, elderly residents of nursing homes who are considered to be challenging to care for are often targeted for eviction, and sometimes abuse. Those advocating on behalf of elderly nursing home residents, as well as the disabled elderly, argue that nursing home staff and caregivers are sometimes unwilling to meet the challenges certain elderly residents and patients present, and so steps are undertaken to have these elderly residents evicted from their nursing home facilities.

The goal of these unlawful evictions, advocates argue, are to minimize attention required by staff and to maximize nursing home profits, by switching out need-intensive patients for those who require less direct attention. Some argue that those with involved families, or with families who have complained about prior mistreatment of their elderly loves ones, are also targeted for nursing home evictions.

Another unfortunate detail of this report is, most often the victims of these evictions come from economically disenfranchised backgrounds, and are frequently suffering from dementia. Complaints about these unlawful discharges and evictions are up by 57% since the year 2000. The study reported that, “Complaints and lawsuits across the U.S. point to a spike in evictions even as observers note available records only give a glimpse of the problem.”

Unfortunately, elders—especially those with dementia—are often the target of senior and nursing home abuse. Here in San Diego, there is a sizable elder population and dozens of nursing homes that provide care to the senior community. Though these services are necessary and often provide appropriate care, elder abuse in all its forms is still a major problem throughout Southern California and the remainder of the country. According to the National Center on Elder Abuse, some states suffer from a rate of elder abuse as high as 1 in 13. From neglect, to financial exploitation, to physical or emotional abuse—elder and nursing abuse is a critical public health and safety problem that often leaves its victims with little recourse.

If you or are a loved one have been targeted for eviction from your San Diego or Southern California nursing home for unlawful or discriminatory reasons, it’s important to recognize that you have legal options. Nursing homes and other senior caregiving facilities must follow strict and delineated guidelines when attempting to discharge, evict, or transfer a patient/resident, even if that nursing home patient/resident presents certain challenges to the staff. Be aware of the rights afforded to you and your family under the law, and protect your loved ones from elder abuse in San Diego.

Walton Law, APC is a San Diego boutique law firm dedicated exclusively to representing injured parties in the areas of personal injury, nursing home abuse and neglect, and financial elder abuse. We only represent people – not insurance companies – and take pride in our reputation for obtaining full and fair compensation for our clients while providing personalized client service. If you believe somebody you know has been a victim of elder abuse in San Diego, CA, please call (866) 338-7079 for a free and confidential consultation.

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