California Personal Injury Blog - Nursing Home & Elder Abuse

Three Arrested In Nursing Home Deaths

Chrissie Cole — Fri, 20 Feb 2009 10:26:00 GMT

Three former nursing home managers have been arrested in the deaths of three residents who allegedly were given needless doses of medication including Zyprexa, Risperdal and others.

The state attorney general’s office launched an investigation after receiving a criminal complaint that 20 or more residents at a nursing home run by the Kern Valley Healthcare District were drugged for “staff convenience.” Many of them suffered side effects that included extreme weight loss, slurred speech, tremors and in some cases psychosis, according to the complaint.

Former medical director, Dr. Hoshang M. Pormir, former nursing director Gwen D. Hughes and former chief pharmacist Debbi C. Hayes are scheduled for arraignment this morning and have been jailed since Wednesday.

“They maliciously violated the trust of their patients by holding them down and forcibly administering medications if they so much as questioned their care,” state Atty. Gen. Jerry Brown said.

All three are charged with elder abuse. Hayes and Hughes are accused of administering shots by force, without consent and also face charges of assault with a deadly weapon.

The complaint paints a bleak picture of a facility dominated by nursing director Hughes, 55, who is accused of seeking to drug all but the most docile residents. Medical director Pormir, 48, allegedly rubber-stamped Hughes' orders for medication, failed to examine patients and was "either willfully or naively ignorant" of his proper role, according to the complaint. Pharmacist Hayes, 51, told investigators that she went along because Hughes had wide experience in psychiatric hospitals, the complaint says.

Originally posted at InjuryBoard by Chrissie Cole

Nursing Home Neglect Leads to Death Suit

David Rowell — Fri, 21 Nov 2008 12:01:14 GMT

The family of George King has sued the nursing home where he was a resident, claiming that neglect by the nursing home staff led to the victim's death. King, who suffered from dementia, wandered away from the nursing home and onto nearby train tracks where he was struck by a train and killed. King's family filed a wrongful death suit agains the nuring home company, Health Care and Retirement Corporation of America, claiming that staff knew King was confused and might wander away, and that they failed to properly moniter him to prevent him from doing so, or to properly discover that he had left or to sarch for him once he was gone.

These allegations, if true, are an example of only one type of nursing home neglect. Nursing home abuse and neglect can take many forms: physical abuse, emotional abuse or, as alleged here, a failure to supervise which allows a confused resident to be placed at risk.

The families of nursing home residents, and those needing placement in a nursing home, should investigate carefully before making a choice. Many resources are available; consumers may want to start with "A Citizen's Guide to Preventing & Reporting Elder Abuse," available from the California Department of Justice. More information is also available here on the InjuryBoard site.

Originally posted at InjuryBoard by David Rowell

Money Talks - Elder Abuse is not Always Physical

Clayton Kent — Mon, 17 Nov 2008 17:57:07 GMT

The less talked about side of elder abuse isn't related to physical abuse. Seniors can be an easy target for investors looking to pad their own bank accounts. Caregivers, utilizing their position of trust, can gain access to finances for their own personal gain. Dishonest acts like this are not a fallacy, but a stark reality for a number of North Bay residents. There is the ongoing saga with Gary Armitage and the now defunct AGA Financial, currently being investigated for fraud. A recent settlement that returned $2.1 million to an estate after uncovering a variety of financial schemes that transferred funds and property rights to caretakers.

Steps to Prevent Financial Elder Abuse

While there is no cure-all to stop financial abuse, there are steps that can be taken to help limit unnecessary risk to financial exploitation.

Document all financial arrangements. Get your instructions in writing - this will help protect you and limit future misunderstandings.
Understand Life-Long care agreements. Document the agreement and specify any compensation that will be paid to the caregiver.
Have someone review financial agreements. Have an attorney or financial consultant explain how changes in agreements will directly effect you.
Be cautious of joint bank accounts. Both parties are equal owners of the account and have equal access to funds. This can be an easy path for someone to access your money.
Understand any power of attorney agreement. Before assigning a power of attorney, make sure you understand the authority you are giving,and know the person you are giving the authority. If there is going to be any compensation, specify the amount in the agreement.
Ask for help. Financial matters can be confusing. Ask for clarification from trusted family sources, financial advisers, a social worker or other professional.
Stay connected to the community. Isolation increases the risk of becoming a victim of financial abuse. Find ways to participate within the community. The Sonoma County RSVP and San Francisco RSVP (Retired Senior Volunteer Programs) are great resources for volunteering opportunities.

These are just a few of the many steps you can take to protect yourself against financial abuse. While there is no magic formula to stop this type of exploitation, being educated and informed is the best defense to safeguard your assets.

For a more complete list of the above financial protection tips, please download the Project SAFE pamphlet.

For reporting suspected abuse, call California State Attorney General's toll-free hotline at: 1(888) 436-3600 or download the Adult Protective Services County Contact List.

Originally posted at InjuryBoard by Clayton Kent

Nursing Home Abuse Report Leads to Closure

David Rowell — Sat, 15 Nov 2008 13:19:16 GMT

Following recent reports of an increase in nursing home abuse and neglect, state and Federal agencies may be increasing their surveilance and inspection efforts. A round of such surveys by the Florida Agency for Health Care Administration and the federal Department of Health and Human Services found widespread abuse at the Key West Convalescent Center, and led to an order for closure of the facility.

Reports called the survey results "damning," and the responsible agency stated that a "system failure jepoardized all the residents in the facility."

Nursing home abuse or neglect is a serious problem, one that is likely to grow worse as the American population ages. According to the U.S. Census Bureau, the number of Americans 65 and older is expected to reach almost 90 million people by the year 2050.

Nursing home abuse or neglect can occur in various ways: physical abuse, emotional abuse, sexual abuse and others. Signs of abuse or neglect can be obvious or subtle, including bed sores, bruises, welts and other skin damages, anxiety, agitation or emotional withdrawal, weight loss and other signs of poor nutrition or poor hydration, and many others.

Like other victims of abuse, abused nursing home residents may be reluctant to speak out, and this problem can be worsened by the potential for retaliation by the abusive staff member.

If you suspect that your loved one has been the victim of nursing home abuse or neglect, you should first ensure that your loved one receives prompt medical attention. You should consider contacting the State agency charged with nursing home oversight; you may want to contact a lawyer who is familiar with this area of law.

For more information about nursing home abuse and neglect, check the InjuryBoard Help Center on this topic.

Originally posted at InjuryBoard by David Rowell

Elder Abuse on the Rise in Oklahoma

Susy Owen — Wed, 21 May 2008 21:01:25 GMT

According to Oklahoma’s Adult Protective Services, the abuse of elderly people in Oklahoma is on the rise. In fact, abuse has risen by a steady 3 % per year.

A spokesperson for Oklahoma’s Adult Protective Services, Paul Needham, said that many of the elderly that are abused are abused by their own relatives. There is the case of the grandchildren who moved in with their grandmother and then proceeded to open a meth lab, says nursing home advocate, Renee Johnson. In yet another case, an elderly man’s grandchildren moved into his home in order to get his monthly Social Security check signed over to them.

Who are these elderly people to turn to. No doubt, they often feel isolated and helpless. If you suspect an elder abuse situation, please call the authorities and give the elderly the help that they are so often unable to help themselves.

Additional Information Pertaining to Elder Abuse

Originally posted at InjuryBoard by Susy Owen

California Law Provides New Rights for Victims of Financial Elder Abuse

Ray Mattison — Tue, 06 May 2008 23:02:07 GMT

     With an aging and affluent population of elders, California is a fertile ground for those committing financial elder abuse. The California Advocates for Nursing Home Reform have an excellent summary of the various forms of elder abuse and what to watch out for.
      A New Bill authored by Senator Steinberg allows victims to freeze the assets of the wrongdoers before trial, an unusual remedy in personal injury and other civil cases. This is a constant problem we face when the abuse is by a family member or individual rather than an institution such as an insurance company: By the time we can obtain a judgment the money is long gone.
     On the reporting side, a recent law requires banks and credit unions to report suspected elder financial abuse to the authorities. In one case we handled the abusive relative was holding her senile mother's hand as she signed the loan papers at the finance company. Yet, at that time the company had no responsibility to report the conduct. We were able to establish the liability of the finance company in this case of elder abuse in San Luis Obispo County; but, this was made difficult as the law imposed no specific duty on the company to prevent or report such activity.
     We have represented thousands of seniors in class actions against annuity insurers, such as Allianz and National Western, and have yet to find a case where an annuity was a suitable investment for a senior. They have hidden charges and are never understood by the buyer. Often these policies are sold by people posing as "financial advisers" at free-lunch seminars. Another common scam is the "trust mill" where seniors are enticed to attend seminars and to buy inexpensive "living trusts" - when the real goal is to sell them an expensive annuity with huge commissions and even bigger early surrender charges and other penalties.

Originally posted at InjuryBoard by Ray Mattison

Battle Against Bedsores Requires Teamwork

Walton Barber, LLP — Tue, 19 Feb 2008 23:42:24 GMT

New research shows that preventing and treating pressure ulcers in the nursing home setting requires a team approach, involving nurses, laundry workers, cafeteria and maintenance workers, and even the cosmeticians.

Large bedsores are a sight to behold. The larger ones - Stage III and IV - can result in a wound so deep that you can see the bone. Wounds like this can be very painful and can lead to serious and lethal infections, such as the one that killed Christopher Reeves.

It is estimated that a least two million Americans suffer from bedsores every year, most caused by poor nutrition, dehydration, immobility, and/or incontinence. A new study, however, suggests that using a team approach to the battle against pressure ulcers can greatly reduce the numbers.

In a study of a collaborative program involving 52 nursing homes around the country, The Journal of the American Geriatrics Society reported last August that team efforts had reduced the number of severe pressure ulcers acquired in-house by 69 percent.
"Preventing pressure ulcers is a 24/7/365 kind of job," said Jeff West, a clinical reviewer at Qualis Health in Seattle, who helped to set up the collaborative in 2003. "It's not as if one person can get it all done. And if it fails just a little bit, just during the weekends, for instance, you're not going to get the results. It takes tremendous consistency."

Nursing homes are enlisting every department that can help play a role. The laundry workers look for ill-fitting clothes, the kitchen staff boost nutrition of those at risk, even the hair salon can help by repositioning the resident if sitting for too long.

According to West, the changes need to become hard-wired into the organization. "A lot of places do well when they have a lot of support," he said. "But it's hard to keep that momentum going. That's the real challenge."

Originally posted at InjuryBoard by Walton Barber, LLP

Long-term Care in Nursing Homes

Rick Patterson — Thu, 14 Feb 2008 16:41:12 GMT

An overhaul of Tennessee's state services to the elderly and disabled may not be in the too distant future. A long-term care study committee will be drafting recommendations to overhaul the current system. The state could pay Tennesseans to take care of relatives and friends rather than sending them to nursing homes. "Govenor Phil Bredesen said he will work with lawmakers to "fundamentally restructure" the long-term care system, and he included $12 million in new state money in his budget plan to begin the process."

It is believed that there are many benefits to having family and friends care for the elderly. It provides dignity to the elderly, while reducing costs to the state. On the flip side, there is no question that there can be pit-falls to giving someone a monthly check and saying "Go out there and hire your own caregivers" according to Ron Taylor, executive director of the Tennessee Health Care Association. It is easy to see there is a real potential for abuse. Many safeguards would have to be implemented to make such a system work. It remains to be seen whether Oregon is ready for these changes in the near future. If and when the system is implemented, Oregon will be a model state for such a system.

Additional Information Pertaining to Nursing Home and Elder Abuse

Originally posted at InjuryBoard by Rick Patterson

Nearly Half of California Nursing Homes Do Not Meet Federal Standards

Randy Walton — Mon, 11 Feb 2008 14:46:40 GMT

Medicare and Medicaid released a report this week listing nursing homes and hospitals from around the country that have fallen below benchmarks set for patient restraints, bedsores, and surgical infections. Of the 1400 California nursing homes, 674 made the list.

The purpose in releasing the specific nursing homes was to hold accountable the private contractors hired by Medicare and Medicaid to monitor quality standards and health care facilities the receive Medicare payments.

San Francisco-based Lumetra has monitored quality standards at California health care facilities that receive Medicare payments since 1984. Medicare and Medicaid spokesman Peter Ashkenaz said his agency released its facility lists to hold companies such as Lumetra more accountable for the work they do
This list is a tool to manage the quality-improvement organizations," Ashkenaz said. "This is not about facilities. This does not mean these are bad facilities.

It may not mean the facilities are bad, but it clearly means that nursing home residents are being neglected to some degree. Like most standards, the Federal standards are meant to be the minimum standards; the hope being that facilities will not just meet them, but exceed them. The unfortunate reality is that most facilities use the prevailing standards as the standard of care they are to provide, and just barely meet them, when for some residents the minimum standards will not do.

For the names of all San Diego, Orange, Riverside, Los Angeles and San Bernardino nursing facilities that made the list visit Medicare's website.

Originally posted at InjuryBoard by Randy Walton

California Budget Cuts May Endanger Elderly

Randy Walton — Fri, 25 Jan 2008 15:53:26 GMT

Governor Schwarzenegger's proposed cuts of the California budget may increase the risk of elder neglect and abuse to the nearly 150,000 elderly residents of nursing and residential care facilities.

According to the California Advocates for Nursing Home Reform (CANHR), the proposed cuts will reduce inspections and will further cripple an already struggling program. Moreover, a reduction in the budget of the Department of Social Services Community Care Licensing Division - which currently is only required to inspected residential facilities once every five years - while assisted living care is growing rapidly is a set up for disaster.

"Inspecting RCFEs once every five years or less is a recipe for neglect and abuse," said Patricia McGinnis, CANHR's executive director. "Care standards and residents' rights become virtually meaningless when inspections are so rare. Issuing a license under these conditions deceives consumers who assume the state is conducting regular inspections or offering oversight and protection to residents."

Currently there are more than 7,500 assisted living facilities for the elderly in California, a 25% increase since 2000. Yet the state inspection system of these facilities, once the model for other states, has continually diminished.

An increase in oversight and enforcement is needed now more than ever. The present oversight system does not ensure the basic care and safety of elderly residents. At the very least, each RCFE should be inspected every two years. Facilities with poor compliance histories should be inspected annually or more often.

For more information contact Pat McGinnis at CANHR, (415) 974-5171.

Originally posted at InjuryBoard by Randy Walton