California Nursing Home Abuse Lawyer Blog

Investigation Reveals Rampant Abuse and Neglect at Alzheimer’s Care of Commerce

March 5, 2014 | by Yeroushalmi Law

One may feel that by placing their loved ones under the care of a skilled nursing facility, they would be provided with quality care. Unfortunately, that is not always the case. An investigation began on March 29, 2013 when an employee at an assisted living facility, Alzheimer’s Care of Commerce in Jacksonville County contacted authorities to report cases of abuse. The Alzheimer’s Care of Commerce focuses on elders who are suffering from Alzheimer’s disease.

After some investigation, the facility was raided in July 2013. Authorities arrested twenty employees and the owner of the facility following claims that the staff assaulted, restrained, and over-medicated patients. The facility is currently facing a total of seventy two criminal charges. However, according to Mike Ayers, the special agent in charge of the Georgia Bureau of Investigation Athens regional office, there could be more charges. They will not know until the district attorney looks at the files. The abuses that are being reported are cruel, inhumane; and so severe that the case may be forwarded to a grand jury this May.

Non-Pharmacological Mealtime Interventions for Sufferers of Dementia

March 4, 2014 | by Yeroushalmi Law

Of the symptoms associated with dementia, one of the most common is agitation. It is common for sufferers of dementia to be increasingly agitated at meal times. According to an article in the Journal of American Medical Directors Association, “Effectiveness of Mealtime Interventions on Behavior Symptoms of People with Dementia Living in Care Homes: A Systematic Review,” multiple skilled nursing facilities participated in a study. Four different methods were used to reduce agitation at meals. The goal of this study was to improve behavioral symptoms in elderly people who suffer from dementia in these facilities. These four interventions included playing music during mealtimes, changing the lighting and increasing visual stimulation, providing more options, and promoting conversation. All of these interventions made great alternatives to medicinal interventions, as many studies demonstrate that tranquilizing dementia patients medicinally when they are agitated worsens their condition.

A resident who suffers from dementia could come to cause a scene during a meal which in turn could lead to a loss of appetite and ultimately lead to weight loss and malnutrition. Increased stress and anxiety during meals reduces the sufferer’s ability to meet their nutritional needs, and interrupts other residents from enjoying their meals. This is something that could stress the staff as well. Weight loss and malnutrition are known to be common issues for those who suffer from dementia. Simple and effective non-pharmacological interventions which attempt to improve the mealtime environment could lessen outbursts, increase eating times, and lead to better nutrition, benefitting both the residents and the staff.

Neglect Results in Death of Nursing Home Resident

March 3, 2014 | by Yeroushalmi Law

More often than not we are forced to do things that we would prefer not to. One example would be placing our loved ones under the care and supervision of a skilled nursing facility. When our loved ones are in a fragile state, we would like to keep them as close to us as possible. Sadly, at times, we are not able to provide our loved ones with the attention and medical care they need. While we would like to think that they are being provided with the highest level of care at a skilled nursing facility, it is regrettably more likely that they are not. An unfortunate example of this would be a recent case at a home in Medford, New York where the neglect of a 72-year-old woman who was under the care of a skilled nursing facility lead to her untimely death.

Evidence shows that the staff ignored all alerts and pages from the patient for more than two hours. The resident stopped breathing and, according to authorities, had likely been dead for some time until a nurses aid finally went to check on her. The level of ignorance and mistreatment in this appalling case is astounding. At a certain point the elderly are unable to breathe on their own, and therefore, are hooked up to a ventilator which regulates their breathing. While it is ludicrous that this resident was ignored for over two hours the resident had orders from her doctor stating that she must be connected to a ventilator machine at night. These orders were blatantly disregarded, which led authorities to believe this was the actual cause of her death.

RCFE Reform Act of 2014 Proposes a Dozen New Bills Aimed At Increasing Care and Regulation

January 22, 2014 | by Yeroushalmi Law

In California, twelve new bills were recently proposed in support of increasing the care, health, and safety of elderly individuals staying at residential care facilities for the elderly (RCFEs). The purpose of these bills was also to enhance state enforcement and regulation, and came in light of numerous reports and occurrences involving elder abuse, injuries, and deaths occurring within such facilities. Many of these bills are sponsored by the advocacy group CANHR and cover a breadth of aspects within RCFEs.

Report Reveals Impact of CMS Initiative Aimed at Reducing Use of Antipsychotic Medications

January 13, 2014 | by Yeroushalmi Law

The Centers for Medicare and Medicaid Services (CMS) launched the initiative Partnership to Improve Dementia Care in Nursing Homes to lower the use of antipsychotic medication in nursing home facilities. The aim of this initiative was to reduce the inappropriate use of antipsychotic drugs by 15%. However, this goal was not met, and as of 2013, the rate of antipsychotic drug use for long-stay residents was reported to be about 21%, which was approximately a 9% reduction. This meant that more than 1-in-5 residents, or about 300,000 individuals, are still being administered antipsychotic medications.

The Center for Medicare Advocacy recently issued a report analyzing antipsychotic medication use in nursing home facilities. One aspect of the report delved into the perspectives of state surveyors and their process of citing facilities for antipsychotic drug deficiencies. Specifically, the report revealed whether or not the surveyors found any changes in the practices of nursing home facilities after CMS launched its antipsychotic medication initiative.

Study Exposes Nursing Home Staff’s Lack of Knowledge Regarding Antipsychotic Medication

January 7, 2014 | by Yeroushalmi Law

A recent study published by the Journal of American Medical Directors Association (JAMDA) provided insight as to the knowledge nursing home staff possessed regarding antipsychotic drugs, along with the beliefs they held regarding the appropriateness and effectiveness of such drugs. Antipsychotic medications are generally administered to dementia patients to address behavioral issues. However, administration of these drugs has raised significant patient safety issues. There has been evidence of increased mortality, morbidity, along with risks of serious side effects such as strokes and death. Furthermore, evidence revealed such drugs have limited efficacy in older adults who suffer from dementia. The Food and Drug Administration (FDA) even issued black box warnings to emphasize these risks. Despite such evidence, the use of antipsychotic medications is still high within such facilities.

The study’s survey revealed gaps in knowledge and awareness across all levels of nursing home staff regarding the negative effects of antipsychotic medication. Many believed these drugs were effective in managing the behaviors of dementia patients, and that managing the challenging behavior of such patients was not possible without these drugs. Specifically, only 37% of direct care staff felt they could handle difficult residents without the use of medications. An even more alarming finding exposed the lack of knowledge amongst prescribers such as medical directors, directors of nursing, and RNs/LPNs concerning the significant adverse effects of such medications. The study revealed that only 24% of nursing home leaders were able to identify at least 1 severe adverse effect of antipsychotics, while only 12% of RNs were able to list at least one adverse effect.

States Move toward Implementing Surveillance in Nursing Homes

December 16, 2013 | by Yeroushalmi Law

Due to the prevalence of nursing home abuse arising across the nation, some states have begun moving towards implementing legislation to explicitly allow surveillance cameras in the rooms of patients residing in nursing homes and long-term care facilities. These surveillance cameras will be used to record evidence of instances of elder neglect and abuse. Some states have taken such steps as a response to nursing home abuse and neglect, with hopes of reducing the incidence of abuse against the elderly. There are currently three states that have passed such laws, with Oklahoma being the most recent state. This new Oklahoma law will allow residents to have cameras in their rooms as long as they sign consent forms which notify the facility. The resident will then have exclusive rights to the footage for use in court. The recorded footage was found to have an impact in Oklahoma, where an aide pleaded guilty to abuse and neglect after being caught on camera.

Both Texas and New Mexico also legalized the use of surveillance cameras in nursing homes in an attempt to catch instances of elder abuse and neglect. Oklahoma passed their surveillance law after an outcry arose over recorded evidence of nursing home aides abusing an elderly resident in the facility. Surveillance footage showed Eryetha Mayberry, a 96-year-old woman, subject to various acts of abuse. For example, the nursing home aides were recorded shoving latex gloves into the resident’s mouth. Other recordings showed nursing home staff taunting Mrs. Mayberry, tapping her head, flinging the elderly woman onto her bed from her wheelchair, and performing heavy handed chest compressions thereafter.

Las Vegas Hospital Sued for Negligence in a Tuberculosis Case

December 13, 2013 | by Yeroushalmi Law

Summerlin Hospital, located in Las Vegas, is currently being sued by former patients, visitors, and employees for negligence. Those bringing suit are claiming that the hospital failed to take precautionary measures, endangering the health and lives of staff, patients, and others by exposing them to a woman and at least one baby infected with tuberculosis. Tuberculosis is a common, yet potentially lethal disease which generally attacks the lungs and other parts of the body. It is contagious and may be spread through the air when someone with a tuberculosis infection transmits respiratory fluids into the air by sneezing, speaking, singing, or coughing. Due to its contagious nature, those who are in close or frequent contact with an individual with tuberculosis will be at a high risk of contracting the infection themselves.

In this case, the infected woman gave birth to twin daughters at the hospital. Despite exhibiting symptoms of tuberculosis, the woman was allowed continued visitation after being discharged in order to see her babies. The woman and both babies have since passed away from the disease, and the woman was diagnosed with tuberculosis in an autopsy. This lawsuit follows another lawsuit filed by the woman’s family, which alleges that the hospital failed to see and address signs that could have saved the woman’s life. Those bringing this claim are alleging that the hospital was negligent in its failure not only recognize and diagnose the woman’s tuberculosis, but in its failure to take basic precautionary measures. The lawsuit alleges that the hospital not only failed to warn people of a potential exposure to the infection, but also failed to follow isolation procedures.

Medication Error Dangers in the Nursing Home

November 20, 2013 | by Yeroushalmi Law

A recent investigation in Michigan exposed the number of nursing home facilities in the state that were cited for significant medication errors. The resulting data from the investigation demonstrated that patients within nursing homes either failed to receive enough medication, were administered too much medication, or were administered incorrect medication. The Food and Drug Administration (FDA) reported that medication errors were responsible for injuring approximately 1.3 million people in the United States annually. Given the fact that many elderly individuals commonly take many prescription medications to treat various ailments and conditions, it is imperative that these individuals are provided with correct medication and dosages. The medications that are prescribed to these patients may be critical and vital to their well-being, and may make the difference between life and death.

The investigation noted several examples of medication errors taking place within these facilities. For example, one elderly man entered a nursing home facility for rehabilitation after receiving treatment for his abnormal heartbeat. However, he entered a diabetic coma and passed away after the nursing home failed to treat his diabetes, even though the nursing home knew the elderly resident was a diabetic. Another example involved an elderly woman who died from hypoglycemic brain failure after the nurse accidentally administered her roommate’s medication to her. Furthermore, while one elderly resident was prescribed eleven prescription medications to treat her medical conditions, she failed to receive any of these medications for over a week. The nursing home facility had come to realize their mistake only when the resident’s daughter brought this oversight to their attention. Other tragic cases that have resulted in resident death involved administering residents medication to which they were allergic, or failing to administer prescribed medication.

Johnson & Johnson Agrees to Pay $2.2 Billion in Health Care Fraud Settlement

November 18, 2013 | by Yeroushalmi Law

According to a news release by the United States Department of Justice (US DOJ), pharmaceutical and health care giant Johnson & Johnson has agreed to pay more than $2.2 billion in a settlement to resolve criminal and civil liability to resolve accusations of health care fraud. Johnson & Johnson faced charges and allegations stating that the company had improperly promoted the use of prescription drugs such as Risperdal, an antipsychotic medication, and Invega, a newer antipsychotic medication, for uses that were not approved by the Food and Drug Administration (FDA) as safe and effective. Additionally, Johnson & Johnson was further charged with paying physicians and nursing homes kickbacks. Attorney General Eric Holder stated that the company’s conduct jeopardized the safety and health of vulnerable patients; as such drugs were marketed to control the conduct of elderly nursing home residents, children, and individuals suffering from developmental disabilities.

Janssen Pharmaceuticals, a Johnson & Johnson subsidiary, had been promoting Risperdal to treat symptoms such as depression, hostility, anxiety, and confusion. The company admitted to promoting the drug to treat psychotic and other behavioral symptoms to those elderly patients who were non-schizophrenic, but suffering from dementia. However, Risperdal had been approved by the FDA to treat schizophrenia only. Furthermore, the government alleged that both Johnson & Johnson and Janssen were aware of the adverse health effects of taking such medications, such as the increased risk of strokes and diabetes, but had downplayed these risks when marketing them to the public. In addition, the company added incentives for the sales representatives who promoted the drug’s off-label use.