End of life decisions are a difficult and often awkward decision for people to make. However, an open discussion on the subject will provide immediate family members with the ability to make informed decisions when they need to. A Do-Not-Resuscitate (DNR) order does not give a nursing home the right to withhold medical treatment. Similarly, [...]

Punitive damages are damages awarded to punish the defendant. They are frequently the most significant element of damages in an elder abuse case since almost by definition, conduct that rises to the level of elder abuse also rises to conduct which, under California law, is worthy of a punitive damage award. The only exception might [...]

More than 20 years after Congress passed the 1987 nursing home regulatory law (OBRA), which granted nursing home residents the “right to be free” from restraints for discipline or staff convenience—much progress still needs to be made to accomplish that goal. Once widely thought to prevent nursing home residents from falling and wandering off, the [...]