California Nursing Home Abuse Lawyer Blog

In 2007, Dr. David Graham, a drug safety expert with the FDA, testified before Congress and stated that approximately 15,000 people die each year in U.S. nursing homes from the off-label use of anti-psychotic drugs. Off-label use is the use of the drug for a condition it was not intended. In California, it has been estimated that up to 60% of all nursing home residents are given psychoactive drugs, which is an increase of 30% in only 10 years. It's no wonder that when we think about nursing homes, we think of isolated elderly people sitting hunched over in wheelchairs, or in bed, segregated from the world. That life is a sad realty for many.

To combat the misuse of psychoactive drugs, the California Advocates for Nursing Home Reform have released a publication called Toxic Medicine - What You Should Know to Fight the Misuse of Psychoactive Drugs in California Nursing Homes. The 20-page booklet provides an overview of what psychoactive drugs are, their purposes, the risks associated with them, and an overview of the resident's rights.

Primary among those rights is the requirement of consent. Before a psychoactive drug can be used, a physician must inform the resident (or his/her decision-maker) about the drug, why it is being recommended, and the risks associated with it, and then must obtain consent before prescribing it. The guide also provides a list of questions that should be asked of a doctor who is recommending a psychoactive drug, and what to do if it is suspected that the drugs are being used without proper authority.

The California Advocates for Nursing Home Reform is a San Francisco based nonprofit dedicated to improving the lives of long-term care patients since 1983.

A .pdf of the Toxic Medicine booklet can be found by clicking here.

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

The Chicago Tribune recently published a brief article called 5 Things to Know about Psychotropics, which I thought I would pass along to you. Here are the five things:

Your rights: A nursing facility cannot administer a psychotropic drug without a physician's order, which by law requires informed consent and a legitimate diagnosis. The standard of care requires that nursing staff must first try to calm patients, and other possible causes of agitation must be ruled out, such as infection.

The consent: Before psyschtropics can be used consent must be obtained by the "responsible party" of the resident, usually the person with power of attorney. The consent must be in writing.

The drugs: What are psychotropic drugs? Psychotropics generally include antipsychotics, antidepressants and anti-anxiety drugs. The antipsychotics generally pose the greatest risks to nursing home residents. Remember, antipsychotics are intended to treat serious mental illnesses, such as schizophrenia, but doctors may prescribe them for other uses. They cannot be used as a "chemical restraint."

The risks: As stated, psychotropic drugs are powerful, and can cause drowsiness, dizziness and confusion. This, in turn can lead to falls, dehydration, and extreme lethargy.

To complain: As a first step, contact the nursing home's administrator. If you are not getting the answers you need, contact the local ombudsman's office or the California Department of Public Health. Telephone numbers for the offices of the ombudsman and CDPH in all Southern California counties can be found by clicking here.

Source: Chicago Tribune

The Walton Law Firm represents seniors and dependent adults who have suffered neglect or abuse in the nursing home, residential care, or board-and-care setting. Cases are taken in all Southern California counties. For a free and confidential consultation call (866) 607-1325, or fill out an online form.

Governor Schwarzenegger has vetoed SB 303, a proposed law that would require doctors to inform residents about the dangers of psychotropic medications, and require nursing homes residents to give consent before such drugs can be given.

According to the California Advocates for Nursing Home Reform (CANHR), the use of psychoactive drugs has become an epidemic in California. According to one study, nearly 60% of all California nursing home patients are administered psychoactive narcotics, a huge increase from only a decade earlier.

Governor Schwarzenegger admitted that misuse of antipsychotic drugs is a serious problem in nursing homes when he vetoed the legislation, and even cited a study that found more than have of all residents on psychoactive drugs are in violation of federal guidelines.

“It is shocking that the Governor is protecting doctors and nursing homes that are drugging tens of thousands of elders with dementia into submission,” said Patricia McGinnis, CANHR’s executive director. “Thousands of nursing home residents will continue to die from these deadly drugs.”

SB 303 was sponsored by CANHR and received the support of many statewide organizations, including AARP, Alzheimer’s Association, California Alliance for Retired Americans, California Senior Legislature, Congress of California Seniors, Consumer Attorneys of California, Bet Tzedek Legal Services, Advocacy, Inc., Foundation Aiding the Elderly, Gray Panthers Sacramento, and Older Women’s League of California.

Source: CANHR

The nursing home abuse and neglect attorneys at the Walton Law Firm represent individuals and families who have been abused or neglected in nursing homes and assisted living facilities. Call (866) 607-1325 for a free consultation.

The administrator of Kern Valley Hospital was charged eight counts of felony elder abuse this week after permitting caregivers to forcibly administer psychotropic drugs to residents out of convenience and not medical necessity. One resident died because of the practice.

Since 2006 the director of nursing at Lake Isabella nursing home has allegedly ordered caregivers to administer high doses of psychotropic medications to Alzheimer's and dementia patients to control their behavior and make them easier to care for. This use of medications as a "chemical restraint" is illegal, and will likely expose the nursing home to civil lawsuits in addition to the criminal charges that have been filed.

According to news reports, three residents may have died as a result of the practice. The residents who died were Mae Brinkley, 91, Joseph Shepter, 76, and Alexander Zaiko, 85.

Last February three other employees were arrested and charged in the case, all of whom worked for the Kern Valley Healthcare District nursing home in Lake Isabella.

Source: Bakersfieldnow.com

The elder abuse lawyers at Walton Law Firm LLP provide free consultations to individuals and families who believe a loved one has been abuse or neglected in a Southern California nursing home or assisted living facility.

A Tracy, California nursing home received a $100,000 fine and a AA citation, the state's most severe, after it was determined that the death of a 78-year-old resident was due to nursing home malpractice. The nursing home staff failed to monitor the woman's medication and failed to send her to the hospital when her brain started to bleed.

According to the report, the resident had recently received an increase in medication to prevent clots. With the medication came a potential for internal bleeding. Shortly after increase in dosage, the woman began to slur her words and complained of a headache. She kept saying, "My head, my head..." But nothing was done.

Several hours later the resident was semi-conscious, waking only to vomit. The family complained to the home that something was not right, but failed to take the matter seriously. The woman was eventually transferred to the acute-care hospital, but it was too late. She died in the emergency room.

The patient’s death was attributed to inappropriate bleeding secondary to medication. Bleeding in the brain was determined to be the cause of death.

The state of California issues only about 20 AA citations a year to the state's 1,300 licensed nursing homes.

Source: Tracy Press

The California elder abuse and neglect lawyers at Walton Law Firm LLP represent individuals and families who have suffered abuse or neglect in the hospital, nursing home, or assisted living setting. For a free and confidential consultation call (866) 607-1325, or fill out an online questionnaire.

The Walton Law Firm elder abuse and neglect lawsuit filed against Vista Hospital of Riverside was the subject of a front page story in the Press Enterprise newspaper today.

The lawsuit arises out of the improper care provided to 78-year-old Shirley Buffa, who died after the hospital failed to administer dialysis treatments necessary to treat her diabetes. According to her son, Marine Corp. veteran Robert Buffa, his mother became increasingly sick in the days after she was admitted to the hospital, but the hospital attributed the decline in her health to a reaction to antibiotics. When the mistake was realized, it was too late.

At that point, she couldn't even talk," Robert Buffa said. "I said, 'Mom, I love you. How come you can't open your eyes?'"

The Perris hospital has been under scrutiny by both the state and federal government. The Centers for Medicare & Medicaid Services, which regulates hospitals, investigated the hospital and found numerous violations, including:

● Delayed response or non-response to life-threatening emergencies
● Improper writing of a patient's "do not resuscitate" order
● Failure to track medical errors
● Failure to dispense and track medicines
● Inadequate infection control
● An inadequately staffed intensive-care unit
● More intensive-care patients than the hospital's license allowed
● Use of improperly serviced medical equipment
● Conversion of a trailer for medical use without state approval

Vista Hospital of Riverside was warned that it risked losing Medicare funding. It did not respond to the reporter's calls for comment.

To read the entire article click here.

The neglect and malpractice attorneys at Walton Law Firm LLP provide free consultations to individuals and families who believe a loved one has suffered medical negligence, abuse or neglect in the hospital, nursing home, or residential care setting. For a free and confidential consultation call (866) 607-1325.

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.

A jury in Arizona has awarded $6 million to the family of Sylvia Culpepper after the 81 year old died from an overdose of morphine in a nursing home. Culpepper, who was an active senior, was in the ManorCare nursing home only to recover from a back injury, and was expected to return home after her recovery.

According to reports, the nursing home resident was diagnosed with sciatica in late 2003, and prescribed 15 milligrams of morphine, twice daily. Two days later, while still in the hospital, her morphine dosage was doubled. When she was discharged to Manor Care, both of the prescriptions went with her, and the nursing home staff immediately began giving Culpepper both dosages, twice daily, totally unaware of the mix up.

Attorneys representing the family said the jury blamed the nursing home for failing to recognize morphine intoxication and overdose, and for understaffing.

"ManorCare gave her the morphine and within 24 hours of getting that dosage, she was dead. They weren't watching her," said attorney Brad Astrowsky. "The lesson in all of this is that you shouldn't get transferred to a nursing home on the weekend because the quality and quantity of the nursing staff is very often less than you would find during the week," Astrowsky said.

The jury's verdict won't have to be paid however as the case was settled before the jury reached its verdict.