Facility details: Q & A

Before choosing the right facility, it's important to understand how facilities operate. We asked Dorit several questions about facilities. Here are his answers:

Are the majority of these facilities profit based?

Assisted living domains and residential care domains are virtually all for profit. Among long-term care facilities, I think that there are many for-profit hospitals involved as well. However, some are not.

What has the State of California done to address elder and dependent abuse?

The State has done a couple of really important things. It enacted a set of laws in 1991 to protect the elderly and dependents and has two state agencies that monitor, supervise and investigate long-term care facilities. It has also added the right to obtain attorneys' fees for attorneys qualified to handle these cases. This has resulted in attorneys taking cases that they otherwise would not have taken in order to act as private enforcement mechanism for the State of California."

Does the State of California keep records of these facilities?

Yes. We often get records of facilities' entire histories from the State of California – which is very good about sharing its investigative histories on a particular facility. Those histories are divided up by facility, not by patient or resident. I commonly get records from the State of California reflecting its investigative reports and conclusions about complaints or citations.

Is it difficult to obtain medical records from the facilities directly?

It can be, but it's often due to the facilities having incomplete records. I think that's just a result of poor administration either at a hospital or residential care facility. It may be emblematic of the fact that they don't have plans in place where they have all of their records organized. It may be inadvertent, but it might be the result of some of the same mismanagement that leads us to having cases involving serious injuries.

Advice on choosing the right facility

Dorit provided the following advice to consumers about what to look for, and what to avoid, when choosing a facility, "It's important to recognize that when you go to a facility, it may look very handsome and elegant with manicured lawns, nice artwork and chandeliers. However, I think it's important to look at the staff and the administrator as well. Make sure that there's enough staff and that they seem to be knowledgeable about how to handle basic needs and are interested in paying attention to residents and patients. If they're not invested in what they're doing, that may be a red flag."

Helpful resources

There are several resources available to help you find the right facility. According to Dorit, "There are a couple of good web sites in California. One of them, www.calbar.ca.gov/, is operated by the California Bar Association. It has a dropdown item for elder abuse and if you click on that, it will take you to some very helpful resources. There's also a private web site for nursing home information, www.canhr.org/, that has very helpful links and information about backgrounds, strengths and weaknesses of different facilities."

If you or a loved one has been the victim of elder or dependent care abuse or neglect, contact an attorney whose practice focuses in this area of law. For a free, no-obligation consultation with a qualified attorney, please click here.