Nursing Home Verdict Rattles Long-Term Care Industry

August 30, 2010 by Walton Law Firm

The AP has a story out today about the Skilled Healthcare Group verdict in Northern California, where a Humboldt jury awarded a class of plaintiffs $677 million dollars for what it determined was chronic and deliberate pattern of understaffing at its nursing homes that left elderly residents at risk of harm. The jury found that Skilled Healthcare regularly violated state regulations requiring it to keep a minimum number of nurses on duty at its 22 homes in the state.

One witness in the case recalled visiting her father, who had Alzheimer's disease, and frequently finding him lying in urine-soaked sheets. She said it would routinely take up to 20 minutes for someone to respond to a call light.

"The major problem for most nursing homes in California and in the nation is staffing," Pat McGinnis, executive director and founder of the California Advocates for Nursing Home Reform, told the AP.

The article notes that Wall Street investment firms bought several nursing home chains in the early 2000's, and, critics charge, went on to drastically reduce staffing levels. (For example) Skilled Healthcare, a public company, saw its stock value plunge as a result of the verdict, and now others wonder if their next. Many of the country's 16,000 nursing homes are owned by publicly traded companies.

To read the entire AP article click here.

The nursing home neglect lawyers at the Walton Law Firm represent seniors and dependent adults who have been abused or neglected in the skilled nursing facility, residential care facility for the elderly, and assisted living setting. Cases are accepted in all Southern California counties. Call (866) 607-1325 for a free and confidential consultation.

CANHR Launches Website to Fight the Drugging of Nursing Home Residents

August 26, 2010 by Walton Law Firm

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The California Advocates for Nursing Home Reform (CANHR) has launched a comprehensive website that addresses the growing problem of drug misuse in California nursing homes. Every day, approximately 25,000 California nursing home patients are given an antipsychotic drug. Half of all dementia patients are administered these drugs despite FDA warnings these drugs can kill a dementia patient.

Because of this CANHR has launched a campaign to help end the drugging of California nursing home residents. CANHR states its goal this way:

The goal of the campaign is to stop nursing homes and doctors from misusing dangerous antipsychotic drugs and other types of psychoactive drugs to chemically restrain residents and to replace drugging with individualized care. Through education, advocacy and political action, we seek to bring Californians together to end this harmful practice.

The website is a great resource for families and professionals, and invites people to get involved in the campaign.

VISIT THE WEBSITE HERE

Also on the new website you'll have access to CANHR’s guide, Toxic Medicine: What You Should Know to Fight the Misuse of Psychoactive Drugs in Nursing Homes. This comprehensive booklet addresses all of the uses of psychoactive drugs in skilled nursing facilities, and provides guidance for residents and their families to avoid becoming a victim of these drugs.

CLICK HERE TO DOWNLOAD TOXIC MEDICINE: WHAT YOU SHOULD KNOW TO FIGHT THE MISUSE OF PSYCHOACTIVE DRUGS IN NURSING FACILITIES [.pdf]

The elder abuse and neglect lawyers at the Walton Law Firm represent seniors and dependent adults who have been abused or neglected in the skilled nursing facility, residential care facility for the elderly, and assisted living setting. Cases are accepted in all Southern California counties. Call (866) 607-1325 for a free and confidential consultation.

Orange County Jury Awards $3.1 Million in Nursing Home Case

August 20, 2010 by Walton Law Firm

A resident of St. Edna skilled nursing facility in Santa Ana (a Covenant Care facility) was awarded $3.1 million by an Orange County after the jury found that the nursing home failed to recognize that the resident was overdosing on morphine. The jury also found that the nursing home acted with malice or oppression, and will award punitive damages at a hearing next Tuesday.

St. Edna's was among the many California nursing homes who received $880 million in Medi-Cal compensation from the state in a program that began in 2004, and was designed to promote care and avoid staffing deficiencies. Many homes that received the additional money still reduced staffing, despite profiting from the additional funds. Apparently St. Ednas was one of those homes.

In this case, Barbara Lefforge was admitted to St. Edna on Sept. 17, 2007, to rehabilitate from tendon repair surgery. Her surgeon mistakenly recommended 50 mg of morphine for pain instead of 50 mg of Demerol. That is a huge dose of morphine, which Lefforge's attorney argued should have been promptly caught by the nursing home staff. According to reports, a nurse at the facility could not get the full does, so took 30 mg from an office emergency kit and gave it to Lefforge, who suffered an overdose, which itself went unnoticed by the staff. She suffered a major brain injury.

“I feel this is a just result and fair based upon the conduct that St. Edna’s staff engaged in,” attorney Ted Wacker told the Orange County Register.

After deliberating for two days, the jury found St. Edna 90 percent at fault for the damages, and the surgeon who wrote the wrong prescription only 10 percent at fault. Jurors awarded $2 million for pain and suffering and $1.1 million in medical costs.

Source: Orange County Register

The Southern California nursing home abuse and neglect lawyers at Walton Law Firm provide free consultations to individuals and families who believe a loved one has been abused or neglected in the nursing home or assisted living setting. Call (866) 607-1325 for a free and confidential case evaluation.

Six Nursing Home Employees Arrested for Shocking Prank on Elderly

August 4, 2010 by Walton Law Firm

It was announced this morning that six nursing home workers were arrested for playing a cruel prank on several residents at the Valley View Skilled Nursing Facility. According to a release from the California Attorney General's office, the employees applied a slippery ointment cream over the bodies of seven elderly nursing home residents to make them "slippery" for the oncoming shift. It is believed that the residents were selected because all suffered from advanced dementia, and could not object to the mistreatment.

"As part of a cruel and shocking prank, these caregivers abused defenseless elders," AG Jerry Brown said. "This is despicable behavior by people placed in a position of trust."

After an investigation by the California Bureau of Elder Abuse, the district attorney's office has filed a misdemeanor criminal charge against each employee for injury to elder or dependent adult; battery committed on elder or a dependent adult; conspiracy; and battery committed while on hospital property.

Attorney General Brown's Bureau of Medi-Cal Fraud and Elder Abuse was created to protect elderly patients from physical and financial abuse and neglect in long-term care facilities, as well as home health care. In 2009, the bureau obtained convictions in 49 criminal cases of elder abuse.

Source: Imperial Valley News

The nursing home abuse and neglect lawyers at the Walton Law Firm represent seniors and disabled and dependent adults who have been abused or neglected in the skilled nursing facility, residential care facility for the elderly, and assisted living setting. Call (866) 607-1325 for a free and confidential consultation.