California Nursing Home Abuse Lawyer Blog

Data released by a new statewide study shows that better access to preventive and primary health care could have kept thousands of Californians out of hospitals, according to the North County Times. Earlier this month, the Office of Statewide Health Planning and Development released the study, which found that high numbers of “preventable hospitalizations” are an indication of systemic shortcomings related to access to quality primary care. With all of the recent uncertainty surrounding California’s Adult Day Health Care program, our San Diego elder abuse lawyers know that many local families are worried about finding affordable access to medical care for their loved ones.

The statewide study found that there were more than 335,000 adult hospitalizations in California that could have been avoided if the patient had seen a doctor sooner. Good primary care up front can prevent future hospitalizations. Seniors are particularly vulnerable to receiving poor care and should visit doctors regularly to help maintain their current health. Although the data on preventable hospitalizations does not necessarily indicate poor hospital care, the study did report 334 incidents in some type of surgical equipment was left inside a patient’s body, as well as 8,230 cases in which patients were accidentally cut or punctured during their hospital stay. At least some of those accidents were probably the result of negligent care, in which case a San Diego medical malpractice lawsuit likely would be appropriate.

A lack of preventative health care also takes a large financial toll on state resources, as well as on family members. For example, the Centers for Medicare & Medicaid Services published a report last year that noted that 26% of all patients who are eligible for Medicare and Medicaid had avoidable hospitalizations. The total cost to taxpayers in 2011 was more than $7 billion.

While these figures appear stark, our Orange County elder abuse lawyers know that in some ways California is in a better position than a lot of states. California had fewer preventable hospitalizations among all patients who are eligible for Medicare and Medicaid than the national average. However, those hospitalizations still cost California an estimated $3.6 billion per year.

Some have advocated for a greater emphasis on primary care. Yet many adults may not have regular and affordable access to primary care. Many adults do not have health care or may not be able to get the care they need in a timely manner. Such systemic failures result in preventable hospitalizations, which ultimately end up costing the California health care system. Unfortunately, funds for health prevention are becoming more and more scarce. Considering that the population is aging steadily, more and more seniors are likely to find themselves splitting smaller and smaller pools of state and federal resources.

In these troubling economic times, many families also have had to bear the burden of caring for aging parents and relatives, or have had to trust nursing homes to help care for their loved ones. Sadly, entrusting your loved ones to a nursing home or residential care facility is no guarantee that they will receive adequate care. Over the years, we have seen far too many cases of elder abuse and neglect at California nursing homes. Our attorneys frequently handle San Diego elder abuse and nursing home neglect lawsuits. If you are concerned that a loved one has been abused, we can help by discussing your concerns and helping you explore your legal options.

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Learning that a loved one has been harmed in a custodial setting due to neglect or abuse is a horror that hopefully most San Diego families will never have to face. But as California’s elderly population ages, the number of seniors living in nursing homes and assisted living facilities is sure to increase. When our San Diego nursing home abuse attorneys evaluate a case involving the custodial treatment of an elderly person, we investigate all issues that might suggest a pattern of neglect instead of what might initially appear to be a single negligent act. Doing so ensures that we obtain all the evidence necessary to make the best case possible. It also can help prevent similar occurrences at the same or other facilities, so that other families do not have to endure the pain of knowing that a loved one was harmed at a California nursing home.

Last week, a jury acknowledged the suffering that families endure when their loved ones are hurt at nursing homes. The jury awarded $8 million in damages to the estate of an elderly man who died shortly after his legs were broken when he was improperly transferred from a chair into his bed. The Courier-Journal reports that the man, who was in his mid-80s, was staying at a nonprofit nursing home.

After the man’s death, his estate hired a nursing home abuse lawyer to sue the negligent facility. The man’s injuries occurred because he was transferred without a lift and was moved by only one nursing assistant, in violation of the nursing home’s care plan, which required two assistants. Most qualified nursing homes maintain a “care plan” for each resident. Care plans should address falls, mobility, pain management, nutrition, bladder and bowels, among other things. Care plans should be updated on a regular basis to accommodate the changing needs of a patient and should be strictly followed. Failure to follow a care plan can lead to serious injury or death, and can be the basis of a San Diego elder neglect lawsuit.

Sadly, the nonprofit home’s negligence did not stop at its failure to follow an appropriate care plan or its internal policies. After the man’s legs were broken, he was placed into bed as though nothing had happened. Employees were ordered to change medical records and cover up the incident. Because of a stroke, the elderly man could not describe the extreme pain he was experiencing. After it was discovered that the man’s legs were broken, he was treated at a hospital and later transferred to a different nursing home. He died approximately six weeks later.

Those of us working on San Diego County Orange County, Riverside County elder abuse and senior neglect throughout this area know that fractures and broken bones should not occur while an elderly person is under the watch of a professional care provider. If you believe your loved one is a fall risk, be sure to advise the caregivers. Proper planning should address this risk. However, if your loved one does experience a fracture or break while in the care of a nursing home, please consider contacting a professional to learn more about your legal options. At the Walton Law Firm, we have successfully sued nursing homes and residential facilities for neglect and abuse for years.

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(Photo courtesy of neovain)

A nursing home patient with a history of wandering died in the cold, reports the Belleville News Democrat. Last month, the 77-year-old man walked away from the home where he was staying and later died. He had also wandered off two other times in the weeks and months prior to his final disappearance. Our San Diego nursing home abuse attorneys know that wandering can lead to serious injury or even death for people with memory impairment such as Alzheimer’s disease or dementia.

The state health department reported that despite the man’s previous wandering behavior, the senior—who suffered from dementia, kidney failure, and heart disease—was not wearing a patient monitoring device. The care plan established by the nursing facility also failed to address the man’s prior attempts to leave the home. The man’s body was found in a creek one block south of the nursing home. The temperature dropped to below freezing on the night he disappeared. He died of hypothermia, likely several hours after he wandered off.

Approximately an hour after the man was last seen, the police were contacted, and an extensive search was undertaken. The police immediately searched around the facility, conducted a second search at midnight, and then conducted a third search by helicopter in the early morning hours. Despite these efforts, the man’s body was not found until two days later.

Although nursing home staff reported that the man was last seen at approximately 7:30 p.m., the coroner maintains that the man actually disappeared around 3:00 p.m., nearly five hours earlier. It is unclear how the elderly man managed to leave the home undetected. It is also not clear whether the nursing home’s alarms were on that night. The man was not wearing a patient monitoring device because staff had removed the device. Additionally, the man’s psychiatrist did not feel he was a risk to wander off, but it is unclear why the staff and nursing home psychiatrist would make such decisions when the man had been caught wandering several times not long before his final disappearance.

Sudden changes in mood and functioning are some of the challenges facing individuals living with Alzheimer’s or dementia. Thus, their behavior is often unpredictable, making it essential for nursing home staff to monitor patients closely and to be aware of their behavioral history. Our Orange County nursing home lawyers know that a number of resources can help families and nursing home staff effectively care for seniors living with memory impairment diseases, including medic-alert bracelets, support groups, and web-based tracking systems that employ GPS.

The man’s disappearance and death likely could have been avoided if the nursing home had been more vigilant in monitoring him. Facilities that employ negligent nursing home practices are usually assessed fines and/or receive citations from the state. Nursing homes often must also develop a corrective plan of action to address their deficiencies. The man’s family has hired a nursing home abuse lawyer, but has not yet filed a lawsuit against the facility.

Those working in the area of San Diego elder abuse law understand that a nursing facility’s failure to address wandering behavior may constitute negligence or even gross negligence. Wandering is a serious risk for elderly patients and should never be ignored by nursing home staff.

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A state investigation conducted by health officials has uncovered a widespread problem in California nursing homes, reports a recent article in The New York Times. Officials found that pharmacists responsible for reviewing the medication of California nursing home patients routinely allowed inappropriate and potentially deadly prescriptions of antipsychotic medications. The California Department of Public Health (CDPH) found that in 18 out of 32 investigations between May 2010 and June 2011 pharmacists failed to note cases in which elderly patients were inappropriately given powerful antipsychotic drugs.

In one instance, an elderly woman with a history of seizures was prescribed Seroquel, a strong antipsychotic drug (often used to treat schizophrenia), even though research shows that seniors who take antipsychotic drugs are more likely to experience seizures. She was also prescribed Trazodone, an antidepressant that has been linked to an increase in seizures in elderly people, as well as a second antipsychotic drug called Risperdal. Such a combination is potentially lethal, according to state investigators, because they can cause life-threatening heart arrhythmias. Our San Diego nursing home abuse lawyer knows it is essential for caretakers and doctors to be aware of the ways in which certain medications can impact elderly patients. Otherwise, dangerous side effects may occur, or medications that likely should not be combined with other drugs may be prescribed by mistake.

Under California nursing home abuse law, consulting pharmacists who work for nursing homes must review patients’ charts monthly. They then make recommendations to treating physicians about whether medications should be ceased, reduced, or changed, if they pose potential hazards or are causing harmful side effects. The CDPH discovered that California pharmacists failed to identify the misuse of antipsychotic medications in 90% of cases. The CDPH also found a “probable correlation” between faulty druggist reviews and the amount paid to pharmacists: in 59% of the cases involving defective reviews, nursing facilities had been cited for accepting pharmacy services below cost. The average pay rate for pharmacists in California is approximately $56 per hour, but instances were uncovered where pharmacists were paid as little as approximately $23, $16, or $11 per hour.

Such statistics are concerning and suggest that in many cases the independence of particular pharmacists may have been compromised. Rather than making drug recommendations based on the needs of elderly patients, pharmacists instead may be making them based on financial incentive.

The CDPH’s investigation very well could lead to medical malpractice suits against California nursing homes because inappropriate drug prescriptions can lead to harmful side effects and even death. The North County elder abuse lawyer at the Walton Firm knows that California elders are frequently targets for physical, financial, and emotional abuse. Our attorneys have also successfully handled wrongful death suits against California nursing facilities.

Thankfully, the practice of pharmacists overlooking or approving the actions of doctors at nursing homes who prescribe drugs at questionable levels or in unsafe combinations has been uncovered, which hopefully will prevent further deaths or dangerous side effects. As a result, countless lives of California seniors may have been saved.

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