California Nursing Home Abuse Lawyer Blog

Sign the Petition to Protect the Rights of Seniors in Nursing Homes

August 31, 2015 | by Yeroushalmi Law

Fine print hidden in nursing home admissions contracts has stripped the constitutional rights of nursing home residents and their love ones for far too long. Amidst the extremely stressful process of being admitted into a nursing home, residents and their families are pushed into signing an agreement that waves their right to go to trial—regardless of if an event occurs that causes residents to suffer from severe neglect, serious injuries, death or sexual and physical abuse.

Under Court Rules, Nursing Home’s Safety Documents are Not Protected

August 31, 2015 | by Yeroushalmi Law

According to a recent report, the federal trial court has ruled that a nursing home operator in North Carolina is unable to claim privilege in protecting documents authored by its safety committee from being disclosed.

Let Your Voice Be Heard: Sign the Petition to Stop Nursing Homes from Using Forced Arbitration to Strip Residents of their Rights

August 28, 2015 | by Yeroushalmi Law

A petition has recently been drafted by a national, non-profit consumer advocacy organization that bans nursing homes from using arbitration agreements. This petition has been addressed to the Centers for Medicare and Medicaid Services (CMS), urging them to cease the use of pre-dispute, forced arbitration clauses in nursing home contracts. The petition has been swiftly gaining support, and as a public citizen, you can add your voice to the thousands of others who have already stood up for this critical issue.

The Needs of Stroke Survivors Living in Long-Term Care Facilities Must Be Sufficiently Met

August 26, 2015 | by Yeroushalmi Law

A stroke can cause major burden to the victim. An estimated 30 million people around the world are stroke survivors. Approximately one-quarter of residents in nursing homes and assisted living facilities are stroke survivors. A recent review aimed to integrate the existing knowledge from literature regarding stroke and analyze themes around the care of stroke survivors in long-term care facilities. Continue Reading

Telehealth Services May Not Provide Significant Benefits for Assisted Living Residents

August 25, 2015 | by Yeroushalmi Law

Aging in place has been increasingly supported by public policies in the United States by allowing frail older adults to remain at home. Policymakers often view assisted living facilities and home healthcare services as more economical and less institutional alternatives to nursing home care. Both home healthcare agencies and assisted living facilities face the challenge of caring for sicker patients with complex medical issues, providing opportunities to services in markets with nursing shortages, and finding efficient means of delivering care. The lack of appropriate nursing care may cause assisted living residents to be relocated to a nursing home when their care needs are not met and consequently increase their vulnerability. One method for assisted living facilities and home healthcare agencies to foster aging in place is to utilize telehealth services to monitor safety and health status remotely. Continue Reading

Assisted Living Facilities and Nursing Homes Should Strive to Optimize Residents’ Eating Performance

August 24, 2015 | by Yeroushalmi Law

The prevalence of cognitive impairment among residents of assisted living facilities and nursing homes is significantly high (68-72%), among which 42% have moderate to severe impairment. Older adult residents in long-term care who are cognitively impaired suffer greater functional decline pertaining to eating compared to those without dementia. 22% of assisted living residents with cognitive impairment showed functional loss in eating and needed assistance, among which 24% had moderate impairment and 65% had severe impairment. Nursing home residents with severe cognitive impairment showed the greatest loss in eating ability compared with the other activities of daily living (ADLs) within half a year after admission. Eating performance is the functional ability to transfer food into the mouth, and is a critical predictor of physical and psychosocial health, as well as quality of life for long-term care residents. The negative effects of compromised eating performance include inadequate intake and weight loss, malnutrition and breathing problems, eating disability, and even death. Continue Reading

Long-Term Care Providers Should Screen Older Adult Patients for Declining Swallowing Function

August 21, 2015 | by Yeroushalmi Law

Japan is a country that has been known for its longevity and low ageing rate of 25% (compared to other countries), which has spurred a vast amount of age-related research pertaining to the Japanese population. Much of this research has placed significant attention of sarcopenia, along with the accompanying decrease in muscle strength and motor function, as these factors can lead to weakness and increase the need for nursing care for older adults. Past studies have shown that a systemic decrease in muscle mass is a marker for low nutritional status and less frequent physical activity. Moreover, associations between swallowing function and systemic disease, oral function, and nutritional status among the elderly who need nursing care have also been disclosed. However, not many studies have examined the connection between swallowing function and the systemic decreases in muscle mass.

Past studies have shown various risk factors for dysphagia among elderly people who need nursing care. For example, if a systemic decrease in muscle mass lowers one’s swallowing ability, their nutritional status could also decrease, leading to a vicious cycle. However, muscle mass can be enhanced by improving nutritional status and physical activity, and it may be an important guideline for examining swallowing rehabilitation in instances of dysphagia that are caused by aging. Thus, a recent study used skeletal muscle mass (as examined using the Skeletal Muscle Index [SMI]) as a marker of nutritional status and physical activity, and aimed to clarify the association between SMI and dysphagia in these patients. Continue Reading

Nursing Homes are Giving Patients an Inappropriate Amount of Therapy for the Sake of Medicare Benefits

August 19, 2015 | by Yeroushalmi Law

Nursing home patients who receive what is deemed as “ultra high” therapy—at least 720 minutes per week—generate many nursing homes’ largest payments from Medicare. According to a Wall Street Journal analysis of billing records, Medicare’s ultrahigh rate was estimated to be about $560 per day in 2013. The estimate was $445 per day for “very high” therapy of 500 to 719 minutes and $325 for what was deemed the “low” category, 45 to 149 minutes.

Failure to Give Physician Treatment Orders to Nursing Home Patients Can Diminish End-of-Life Care

August 18, 2015 | by Yeroushalmi Law

Older adult patients residing in nursing homes are often vulnerable and have limited life expectancy. As a result, critical thinking of desirability of future medical interventions is crucial. Advanced care planning (ACP) is often encouraged as a way to make decisions about future medical care. ACP calls for the continuous process of the patient and care provider making joint decisions about future medical care, in the event the patient is not able to consent to or refuses to receive treatment or other care. Several studies have shown ACP to have beneficial effects on end-of-life care, with a decrease in hospitalizations, enhanced patient and family satisfactions, greater concordance between patient’s past preferences and treatments received, and a decrease in distress of kin. The primary goal of ACP is to adapt medical care to the preferences and life goals of the patient.

Health Care Staff Need to Screen their Patients with Dementia for Dysphagia

August 13, 2015 | by Yeroushalmi Law

Dementia imposes various hazards that increase a patient’s vulnerability and risk of mortality. Patients with advanced dementia often experience difficulties in swallowing, known as dysphagia. Oropharyngeal dysphagia is the most common cause of aspiration, and pneumonia, presumably caused by aspiration, is the most common cause of death in people with dementia. An estimated 13% to 57% of patients with dementia experience dysphagia. Due to an almost tenfold risk of aspiration pneumonia in patients with dysphagia, aspiration pneumonia is the primary cause of death in people with dementia.