California Nursing Home Abuse Lawyer Blog

Vote Yes on Proposition 46

October 29, 2014 | by Law Offices of Ben Yeroushalmi

This November, there will be an important proposition on the ballot that all advocates of older adults should be aware of. The Troy and Alana Pack Patient Safety Act, also known as Proposition 46, is a ballot initiative that will protect patients from corporate greed in healthcare services. It is imperative that anyone concerned with elder abuse vote Yes on Proposition 46.

Proposition 46 will accomplish three things: 1) require health care providers to check a uniform database before prescribing medication to prevent drug abuse; 2) require doctors to take a drug and alcohol test; and 3) increase the limits on noneconomic damages for medical malpractice cases.

Older adults take many prescription medications. National Institute on Drug Abuse states that, older adults make up more than a third of all outpatient prescription medication cost even though they are a minority of the general population. California currently has a database that monitors how medication is prescribed and dispensed to prevent various types of drug abuse. This is called the CURES program, or Controlled Substance Utilization Review, and is administered by the Department of Justice. Proposition 46 mandates that physicians and pharmacists check CURES before prescribing or dispensing medication. Doctors would be advised through CURES about existing prescription, especially for strong painkillers (such as Vicodin and OxyContin) that carry a high risk of abuse.

How hospice care of a resident can affect family members

October 29, 2014 | by Law Offices of Ben Yeroushalmi

End-of-life care and decisions are an emotional and stressful process for both the patient and surrounding family members. Death is part of life that everyone goes through, yet it remains a traumatic experience. Older adults face end-of-life issues when they choose to receive therapeutic care rather than aggressive treatment, and go into hospice care. In hospice, residents will receive palliative care, where the number one goal is to make sure that the resident’s quality of life is maintained.

The focus of hospice care and coordination should be on the hospice resident. However, the stress and turmoil that family members face should not be ignored. In fact, the American Cancer Society suggests family meetings and respite care to be central services provided by hospices. A July 2014 study published in the Journal of American Medical Directors Association looked into the perceptions that family members of hospice patients experience, when patients go into hospice. The study posed two questions: 1) whether family members of nursing home residents experienced differently compared to family members of community dwelling hospice patients with aspects such as anxiety, depression and quality of life; and 2) what the family members’ perceptions and experiences were with end-of-life care in nursing homes. The researchers conducted interviews with family members residing in both settings and categorized various experiences that the family members described.

The results were informative. First, there were little differences that were described between family members who had patients receiving hospice care in nursing homes, and living in the community. Both settings evoked similar issues, such as depression and anxiety. Regarding the second question, family members described their perceptions on how hospice collaborated with the nursing homes, on the family’s own expectation of care, on communication between the facility and the family, and on resident care issues. About a third of the family members who responded described incidents that may indicate neglect. Family members expressed frustration with how pressure ulcers were treated, or when patients experienced falls at the facility. Overall, families expressed frustration with how many barriers they faced in order to get good end-of-life care for their loved ones, and sought support for family caregivers. The researchers concluded that an assessment of the family’s capacity to care for their loved one was essential so that family members can actively participate in the resident’s care. Furthermore, they suggested that nursing homes develop a system that would encourage family involvement, and actively incorporate family suggestions as part of the resident’s care plan.

New Nursing Home Rating System to Better Evaluate Quality of Care

October 13, 2014 | by Law Offices of Ben Yeroushalmi

According to the New York Times, the federal government will be implementing significant changes to the rating system of nursing homes in the United States. Currently, the ratings are based on a five star system that is scrutinized by the public. This five star rating system “has been criticized for its reliance on self-reported, unverified data.” The current system was implemented five years ago and evaluates staffing levels and quality of care, which is reported by the nursing homes and not audited by the federal government. This flawed rating system “relied heavily on unverified and incomplete information that even homes with a documented history of quality problems were earning top ratings.” In 2009 37% of nursing homes had ratings of four or five stars and by 2013 over 50% had exceedingly high ratings. With more than 15,000 nursing homes in the United States, it is crucial that the optimal quality of care is guaranteed by skilled nursing facilities. Continue Reading

The Overuse of Antipsychotics in the Healthcare Industry

September 30, 2014 | by Law Offices of Ben Yeroushalmi

Antipsychotic drugs are an increasingly common form of medication for elderly patients in health care facilities. Although these drugs treat a wide variety of health concerns, most prescribed are unnecessary, and have the potential to cause more harm than good. In an interview with the Wall Street Journal, a professor of psychiatry at the University of Pennsylvania Perelman School of Medicine states, “ Due to an influx of the geriatric population, coupled with increasing chronic health issues, antipsychotic medications will grow to be a severe problem that should not be ignored. Continue Reading

Elder Care Technology can give Independence to Alzheimer’s Patients

September 15, 2014 | by Law Offices of Ben Yeroushalmi

According to the Alzheimer’s Association, over 5.3 million people over the age of 65 have been diagnosed with Alzheimer’s disease in the United States. Alzheimer’s is a disease that not only inhibits the patient’s mental capacity, but also can be a severe burden on family and friends close to the Alzheimer’s patient. Having a loved one with Alzheimer’s is both emotionally draining and physically burdensome due to the constant physical care a patient requires. For patients with mild cognitive decline to moderate cognitive decline, a loss of independence may be the most frightening aspect of an Alzheimer’s diagnosis. Presently, there are multiple elder technology companies creating innovative products to delay the patients’ admission to a skilled nursing facility. Continue Reading

The Need for Registered Nurses in Nursing Homes

September 10, 2014 | by Law Offices of Ben Yeroushalmi

According the Medline Plus, “A nursing home is a place for people who don’t need to be in a hospital but can’t be cared for at home. Most nursing homes have nursing aides and skilled nurses on hand 24 hours a day.” Skilled Nursing Facilities were instituted to administer adequate full time care to ailing seniors. Although expected by most families, adequate care is not always guaranteed. An essential component of a nursing home is the nurses who tend to the elderly residents. Although medical professions are a necessity, majority of the time registered nurses are not at the facilities 24/7. The Los Angeles Times states, “The 1987 law intended to reform the country’s nursing homes required a registered nurse on site only eight hours a day, regardless of the size of the facilities.” The implementation of this law was monumental at the time, but as America sees an influx in the geriatric community, the law needs to be revisited. Continue Reading

Electronic Medical Records May be Causing more Harm than Good

August 13, 2014 | by Law Offices of Ben Yeroushalmi

Throughout the 21st century, technology has evolved and become a monumental necessity in our everyday lives. The technological advancements have unfolded exponentially throughout recent years and have modernized prominent industries, including the medical field. According to the Boston Globe, a major innovation in the medical realm is the initiation of electronic medical records. Electronic Medical Records have many potential rewards but an unlimited amount of risks associated. The Obama administration “poured $30 billion in taxpayer subsidies into the push for digital medical records beginning in 2009, with only a few strings attached and no safety oversight of the vendors who sell the systems.” Accounting for the sudden push of electronic medical records by the government, multiple healthcare facilities including hospitals have adopted the electronic medical record system. Continue Reading

Law Makers Called On to Improve Preventable Medical Error Deaths

August 11, 2014 | by Law Offices of Ben Yeroushalmi

Medical Errors account for approximately 1,000 deaths daily. These preventable errors are the third leading cause of death in 2013. Medical Errors are avertable actions that can include errors in medication administration and botched surgeries. With simple changes in attention and focus, coupled with assistance from the government health agencies, these unnecessary deaths have the potential to be eradicated completely. On Thursday July 17th, multiple medical-quality experts confronted senate committee members and insisted that “government action is needed to lower the rate of hospital medical errors and infections.” With aid from the government, hospital related deaths can be better monitored and reprimanded. Continue Reading

Caregivers Unable to Sue for Injuries Sustained by an Alzheimer’s Patient

August 8, 2014 | by Law Offices of Ben Yeroushalmi

According to the Alzheimer’s Association, “Alzheimer’s is a type of dementia that causes problems with memory, thinking and behavior”. Alzheimer’s affects 5 million US citizens, which in turn, establishes the disease as the 6th leading cause of death in the country. Alzheimer’s disease has no known cure, prevention, or treatment. Although an overwhelming majority of the population suffer from the disease, caregivers and at home aids—whom are trained in proper care techniques of Dementia patients— are apprehensive when responsible for an Alzheimer’s patient. Severe behavioral changes, coupled with extreme disorientation, results in the hesitation of caring for an Alzheimer’s patient. Continue Reading

Overuse of Antipsychotic Medications in Nursing Homes

July 31, 2014 | by Law Offices of Ben Yeroushalmi

According to the American Association of Retired Persons, AARP, 1 in 5 elderly patients—in over 15,500 nursing homes—are administered powerful antipsychotic medications that have the ability to create detrimental, and possibly fatal, side effects. Antipsychotics are habitually distributed to subdue the patient and create a less chaotic work environment for the understaffed nurses in a skilled nurse facility. The over prescription of antipsychotics have left many families outraged at the mistreatment of their loved ones. The use of antipsychotic medications is a disregard to the patient’s quality of life in favor of higher profits.

Antipsychotics have inimical side effects, especially when given to Dementia patients. Dementia patients compose of about 70% of residents in a skilled nursing facility. With such a high percentage residing in facilities, their quality of care is fundamental to maintain an adequate quality of life. AARP continues this thought by stating, “In those populations, these drugs can trigger agitation, anxiety, confusion, disorientation and even death.”

Antipsychotics are over prescribed as a shortcut to create more submissive patients. AARP explains, “If one drug caused sleeplessness and anxiety, she was given a different medication to counteract those side effects. If yet another drug induced agitation or the urge to constantly move, she was medicated again for that.” The overuse of drugs has lead to the neglect and abuse of many elderly residents.