California Nursing Home Abuse Lawyer Blog

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.

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.

San Diego's 10News I-Team has conducted an investigation into what it is calling the chemical restraint of elderly residents of nursing homes. That is, using anti-psychotic drugs not necessarily for their prescribed use, but to control behavior in residents who otherwise wouldn't be candidates for the drugs.

The investigation profiles the family of Dr. Keith Blair, a retired dentist, who died at age 86 after a stay at Arbor Hills Nursing Center in La Mesa. The family contends Dr. Blair's death was expedited by the use of the anti-psychotic drugs Risperdal and Haldol that were given without consent. Both drugs contain warnings that state the drugs are "associated with an increased risk of mortality in elderly patients."

Upon one visit to the nursing home to see her father, Marian Hollingsworth told the I-Team that her father was "completely out of it. I shook him on the bed, I hollered his name. I asked the nurse what was going on. I couldn't wake him up. She said, 'Oh, he was sleepy last night.'"

After her father' died, a review of his medical records showed that staff at both the hospitals and the nursing home gave him Risperdal and Haldol without consent. The family has filed a complaint with the California Department of Public Health.

The use of anti-psychotic drugs in the elderly for behavior control is a growing concern among advocates for the elderly. The California Advocates for Nursing Home Reform will be launching a website on this topic alone, and Dr. David Graham, a Food and Drug Administration expert, recently told Congress that the practice of drugging the elderly to control them results in at least 15,000 deaths annually.

A video of the I-Team story can be found by CLICKING HERE

Source: 10News.com

The San Diego 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 (760) 571-5500 for a free and confidential case evaluation.

A nursing home caregiver is being charged with second degree murder after the death of an Alzheimer's patient in a North Carolina nursing home. Authorities believe that caregiver Angela Almore deliberately administered large quantities of morphine to 84-year-old patient Rachel Holliday in order to make her "more manageable." It is believed that other residents were also given the drug for this purpose, and cite six other Alzheimer's patients who required hospitalization while under the care of Almore.

The arrest and indictment of Almore stems from an investigation by Medicaid Investigations, who launched an investigation after nine of 25 patients in the nursing home's Alzheimer’s wing at the nursing home tested positive for opiates. Sadly the use of opiates and other psychotropic drugs to control patient behavior is an ongoing problem at nursing homes across the country. Here at Walton Law Firm we have had several cases involving the improper use of medications, which exposes nursing home residents to untold number of dangers, including overdose, falls, or simply a loss of dignity.

Almore's next court date is set for July 13.

Source: CBSnews.com and charlotte.news14.com (with video)

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. Call (760) 571-5500 for a free and confidential consultation.

Last year, the U.S. Drug Enforcement Administration began investigating allegations that some nursing homes were dispensing powerful narcotics to nursing home residents without a physician order. Because of the new scrutiny, however, nursing home and hospice trade organizations are arguing that many patients are now being left without pain medication as the nursing facilities try to find ways to comply with DEA regulations. Congress has also taken notice, and the subject will be addressed at a Senate hearing today.

The DEA intensified its efforts to battle abuse of prescription drugs in nursing home, after numerous reports of overmedication of patients in nursing facilities, many without prescription, and frequently used as a "chemical restraint," not to treat a specific illness. In a letter to Congress last December, attorneys for the DEA said that allowing nurses to dispense medications without a doctor's order, "trivializes the doctor-patient relationship and weakens the quality of care for the frail and infirm."

Nursing home trade organizations, however, say that long-term care facilities don't make available enough doctors to issue prescriptions every time. The DEA's requirement on "hard copy prescriptions," it says, places burdens on prescribers, pharmacists and nurses, and can lead to extended delays in the administration of pain medication."

Source: Wall Street Journal

The nursing home abuse and neglect lawyers at the Walton Law Firm represent elders and dependent adults throughout Southern California who have been abused or neglected in the skilled nursing facility, residential care facility for the elderly, and assisted living setting. Call (760) 571-5500 for a free and confidential consultation.

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.