California Nursing Home Abuse Lawyer Blog

Nursing Homes Should Identify Potentially Preventable Emergency Department Visits by Their Residents

April 30, 2015 | by Law Offices of Ben Yeroushalmi

Emergency Department (ED) visits and subsequent hospital admissions from nursing homes (NHs) are common and can be costly to the patient and the health care system. Unfortunately, many of the over 2.2 million ED visits annually by nursing home residents are preventable. The Office of the Inspector General reported that 22% of Medicare beneficiaries experienced an adverse event leading to harm (usually hospital admission) while staying in a skilled NH, and that 60% of these were considered preventable by physician reviewers if better care processes had been used.

Low Nursing Home Staffing Results in Dangerous Outcomes for Residents

April 28, 2015 | by Law Offices of Ben Yeroushalmi

Far too many nursing homes are experiencing an extreme shortage of staff that has diminished the quality and safety of care for their elderly and disabled. Frailty and dependency on nursing home staff is prevalent among residents who not only need assistance in performing basic activities of daily living, but also monitoring of their progressively complicated medical issues. Unfortunately, many nursing homes have not hired the necessary number of staff to meet their residents’ needs.

Nursing Homes Must Strive to Maintain Their Residents’ Nutritional Status at Optimum Levels—Especially Those at High Risk of Hip Fracture

April 15, 2015 | by Law Offices of Ben Yeroushalmi

Hip fractures (HFs) are highly prevalent among older adults and are a major cause of severe, often constant functional impairment. Those with HFs have diminished self-care abilities, causing increased disability and significant loss in independence and quality of life. Although there are those who are able to obtain complete functional restoration, most suffer from continuous decline. The caring of the average geriatric patient with HF calls for high hospital and long-term costs. Thus, it is important to identify factors that benefit or hinder regeneration to provide optimized treatment of all modifiable factors during rehabilitation. Malnutrition is very common among older hospitalized patients, with as many as 63% of geriatric patients with HF being malnourished or at risk of malnutrition.

New Treatments Available for Older Adults with Osteoporosis

April 9, 2015 | by Law Offices of Ben Yeroushalmi

Research shows that nearly 80% of nursing home residents have osteoporosis and 10.8% have a hip fracture. Dementia significantly increases residents’ risk of a hip fracture. Although treating osteoporosis in nursing homes was proven to be feasible by the Vitamin D and Osteoporosis Study (ViDOS), only one-third of residents prone to hip fracture were treated. Moreover, a number of these residents were given calcitonin or raloxifene, which are not as effective as alendronate or zolendronic acid.

Troops Abroad Threatened by Repossessions At Home

March 19, 2015 | by Law Offices of Ben Yeroushalmi

The Servicemembers Civil Relief Act (SCRA) was passed by Congress in order to grant certain legal protection for members of the military. However, Corporate America and its front groups have found a loophole in the SCRA that allows them to violate the act without being held accountable—forced arbitration. This puts U.S. Armed Services’ brave men and women, who protect our country and should not have to worry about financial frauds and schemes back home, in jeopardy.

Nursing Home Facilities’ Inappropriate Use of Antipsychotic Medication is Detrimental to Residents with Dementia

March 19, 2015 | by Law Offices of Ben Yeroushalmi

It has taken far too long, but the Obama administration is finally cracking down on nursing homes to curtail inappropriate use of antipsychotic medications such as Abilify, Risperdal, Zyprexa, and clozapine on residents with Alzhiemer’s disease and dementia. Federal investigators report that many older Americans are overusing psychiatric drugs and recommend that Medicare officials stop making unnecessary prescriptions immediately

The Palestinian Authority Declared Guilty and Charged Over $655 Million

February 24, 2015 | by Law Offices of Ben Yeroushalmi

Justice against the Palestinian Authority has finally been served. The six terrorist attacks following the Second Intifada’s end in 2004 was proven on Monday by lead trial counsel Kent Yalowitz of Arnold & Porter to have been supported by the Palestinian Authority in the form of money and personnel. Yalowitz asserted that the PA’s involvement met the legal definition of “material support,” refuting the PA lawyer Mark Rochon’s claim that the PA and the PLO were not liable for the attacks that resulted in hundreds of civilian deaths and injuries.

New Rules to Five Star Keep Nursing Homes on Their Toes

February 12, 2015 | by Law Offices of Ben Yeroushalmi

A new stringent system is waiting to be implemented by the Centers for Medicare & Medicaid Services to Nursing Home Compare that will lower the cut-off points regarding the attainment of certain star levels. The system calls for 11 new quality measures that threaten to jeopardize star ratings of as many as 15% of nursing home facilities that could result in their immediate loss of one or two stars. The CMS has not yet disclosed exactly how many facilities will be affected. However, the matter will be discussed at its Skilled Nursing Open Door Forum today, at 2 p.m. ET.

The 24-Hour Report as an Effective Infection Prevention Tool in Nursing Homes

February 3, 2015 | by Law Offices of Ben Yeroushalmi

A recent study exploring the effectiveness of twenty-four-hour reports in infection prevention and control showed that they are essential components. Infections are known to be highly prevalent among nursing home residents and can lead to morbidity and mortality. This fact is unsurprising, considering that residents are constantly clustered in constrained living environments and frequently perform daily activities in groups. Residents with impaired cognitive functioning may have difficulty engaging in fundamental hygiene practices. Far too many caregivers receive deficient training and lack the knowledge necessary to implement basic infection control. Because residents are physiologically aged and often carry comorbid diseases, not only do site-specific infections develop easily, they are also difficult to diagnose. Consequently, identification and treatment can be delayed.

NBC News Confirms Nursing Homes Artificially Inflate Actual Nursing Levels Provided

November 13, 2014 | by Law Offices of Ben Yeroushalmi

According to the Center of Disease Control and Prevention, there are a total of 16,100 nursing homes in America with approximately 1.5 million patients residing in these facilities. Due to the rapidly growing baby boomer generation, the number of patients residing in these facilities is bound to increase. Although a majority of families conduct an abundant amount of research to ensure their loved ones are in a facility that guarantees them adequate quality of care; NBC news recently discovered that many “government official” websites have false information regarding staffing levels and skilled nursing facilities. According to NBC news, “Staffing levels reported by thousands of nursing homes on a widely-used government website were higher than the staff levels calculated by the Center for Public Integrity through an analysis of annual financial reports submitted by the homes, suggesting that consumers in those facilities may not be getting as many hours of skilled care as they expect.” Many nursing homes inflate the amount of staffing and individual resident care available to gain residents and increase profits at the expense of patient care. Continue Reading