California Nursing Home Abuse Lawyer Blog

Nursing Home Compare, a five-star rating system used to rate nursing homes nationwide, has been updated and upgraded by the Centers for Medicare and Medicaid Services. The updated website (click here) is intended to make choosing a nursing home easier for searching, and will hopefully have the effect of "outing" those poor nursing facilities that continually under-perform.

This is good news for consumers and nursing home advocates, and elder abuse lawyers. It is also sorely needed. U.S. Census figures project that the number of Americans over 65 will double by 2030, and two-thirds of those will require some period of nursing home care.

Bed rail entrapment is not a rare occurrence in the hospital and nursing home setting. Despite repeated warnings from consumer groups and the FDA, nursing facilities across the country are using hospital beds that violate well known FDA dimensional guideline addressing safe hospital beds and bed rails, creating in increased risk of suffocation and asphyxia.

The FDA has identified seven zones of entrapment, and made recommendations as to the acceptable dimensions of those zones to avoid entrapment hazards. Walton Law Firm LLP recently handled the case of an elderly woman who was found dead sitting on the floor next to her bed with her head wedged between the bars of her bed rail. She was literally hanging from the bed rail. The firm brought a lawsuit against the facility and the bed rail manufacturer for violations of FDA guidelines and other acts of negligence.

For those interested in learning more about the bedrail entrapment, and the identified zones, click here to see a diagram of the zones of entrapment. The video below is also an excellent instructional aid on the various ways a person can become entrapped in a hospital bed.

The New York Times has a story today about the dramatic increase in hospital patients with bedsores over the last 14 years. A report from the Agency for Healthcare Research and Quality finds that over 500,000 patients admitted to U.S. hospitals in 2006 suffered from a bedsore that was developed either before or during their hospital stay. That represents a whopping 78.9 percent increase over a previous study performed in 1993.

The failure to prevent or treat bedsores has been the basis of several cases here at Walton Law Firm LLP. Most legal claims arising from bedsores (frequently called "pressure ulcers" or "decubitus ulcers") occur in the nursing home or hospital setting, and involve a bed sore that became a Stage III or Stage IV before appropriate treatment was obtained. Sores that severe can often lead to secondary problems such as infection, and usually require painful treatment.

“Bedsores are preventable, but it’s not easy,” said William Spector, an agency researcher. “It’s not like you just get a prescription and one physician can take care of it. It’s a major team effort that requires a multidisciplinary team of dietary aides, nurses aides, physical therapists and physicians all playing a role.”

For the complete article click here.

If you or a loved one resides in any Southern California county and have a legal question related to the development of a bedsore or pressure ulcer, feel free to give the nursing home abuse and neglect attorneys at Walton Law Firm a call at (866) 607-1325 for a free consultation, or fill out our confidential online questionnaire.

The County of San Diego paid $1.6 million to settle a case filed by Ruth Lomeo against Edgemoor Geriatric Hospital, a county-run nursing home.

According to the lawsuit, Lomeo, who was only 44, was given an overdose of fentanyl pain medication by nursing staff at Edgemoor and began to have trouble breathing. It took over 20 minutes for 911 to be called and for emergency help to arrive. It was alleged that the lack of oxygen caused brain damage, and that Lomeo now communicates like a five year old, and cannot care for herself.

The County of San Diego denies all the allegations, and states its decision to settle the case was a business decision to avoid a jury verdict.

The overuse of medications is a common problem at nursing homes, whether done negligently or intentionally. The negligent overuse of medications arises in situations like Lomeo’s, when a previous fentanyl pain patch was not removed before a new one was placed. The intentional overuse often arises when facilities use medication to alter the behavior or “restrain” a resident. Both uses are unacceptable.

Walton Law Firm LLP represents people who have been impacted by abuse or neglect in the nursing home, residential care, or assisted living setting. Cases are accepted in San Diego County, Riverside County, Orange County, San Bernardino County, and Los Angeles County, and consultations are free.