California Nursing Home Abuse Lawyer Blog

Hospital Attempts to Increase Fall Prevention Efforts by Increasing Staffing

October 25, 2013 | by Law Offices of Ben Yeroushalmi

Elderly residents of nursing homes and hospitals are often victims of falls and related injuries. As such, one bad fall can significantly lengthen a patient’s hospital stay, which can increase the risk of further complications, as falls can lead to broken bones and even death. However, these occurrences are highly preventable with adequate staffing and fall prevention procedures. Safety experts even state bad falls are events which should never take place inside protective settings such as hospitals.

Currently, 39 states do not require hospitals to report instances of falls that occur within their facilities. However, many states, such as California, require hospitals to report incidences of falls that occur within the hospital to the state health department. Some hospitals have begun moving toward the implementation of more fall prevention methods, and they have proven to be very successful. For example, an increased movement towards patient safety and fall prevention occurred in Washington, when around 90 people fell victim to injuries and death due to falls last year.

Home Care Agencies Now Subject to Increased Regulation in California

October 24, 2013 | by Law Offices of Ben Yeroushalmi

On October 15, 2013, California Governor Jerry Brown signed the Home Care Services Consumer Protection Act of 2013. The passage of this Act followed after the veto of a similar bill by the governor last year. It has served as a response to critics who have continually argued that the home health care industry has not been subject to enough regulation and oversight. The loose regulation of this industry has created room for caregivers to engage in acts of neglect and abuse towards their elderly clients, as was demonstrated in a study conducted by the California Senate Office of Oversight and Outcomes.

The study was released in April 2011, and demonstrated how California failed to screen employees who cared for the elderly in their homes. Some of these caregivers had criminal records, but had not been screened prior to employment. This documentation of elder abuse and neglect resulted in an increased push for tight industry regulations in California. The Act will impact approximately 120,000 caregivers and 1,400 home care agencies, and is representative of an effort being made to protect consumers receiving services within this industry.

Physical Exercise Duration and Regimen Linked to Effective Fall Prevention

October 16, 2013 | by Law Offices of Ben Yeroushalmi

Many elderly individuals have a higher risk of falling, and usually sustain greater injuries from such falls due to their frail nature. Additionally, because those residing in long term care facilities are generally frailer than their peers living in the community, they are more prone to falling and are likely to suffer greater consequences as a result. While it is commonly known that elderly individuals residing in such facilities are considered to be poor candidates in performing physical exercise due to their functional, cognitive and physical conditions, a study has demonstrated that exercise programs within this population are still effective in reducing the number of falls in this environment.

Physical exercise has been shown to have beneficial effects on cardiovascular and metabolic diseases. However, this study has aimed to demonstrate how physical exercise would also help to reduce an elderly individual’s susceptibility to falls, despite their particularly frail nature. For example, exercise has been shown to promote an increase in strength, muscle flexibility, balance, and endurance. Additionally, exercise has also contributed to reducing physical disability, as well as decreasing functional limitations and restrictions by increasing an elderly individual’s mobility. Combined, these effects from physical exercise were generally shown to promote fall prevention within the elderly population, even in those shown to be frailer and residing in nursing homes.

Exploring the Social and Psychological Effects of Pressure Ulcers

October 15, 2013 | by Law Offices of Ben Yeroushalmi

Unfortunately, pressure ulcers are preventable, yet common conditions which arise in elderly individuals who reside in nursing homes and other healthcare settings. Not only do these severe wounds cause physical discomfort and pain, but a study published in Wounds delved into the social and psychological effects of pressure ulcers which contribute to a reduced quality of life. For example, studies have shown that those who have pressure ulcers for six or more months are more likely to suffer from pessimism, which may affect their nutrition, susceptibility to depression, and ability to heal.

Pressure ulcers are known to impact general physical health, as complications and even death may occur. Additionally, pain almost always accompanies the presence of a pressure ulcer, and studies have shown that 84% of those with pressure ulcers have reported pain even while they are at rest, with some expressing their pain to be at an excruciating level. In addition, many have expressed experiencing fatigue due to sleep disruptions because of the presence of the ulcers. Thus, because of these ongoing factors, patients already experience a diminished quality of life.

Experts Seek to Shift Perceptions of Behaviors Associated With Dementia Patients

October 11, 2013 | by Law Offices of Ben Yeroushalmi

Elderly individuals suffering from dementia often exhibit certain behaviors, such as aggression, agitation, or anxiety, which many people consider to be symptoms of dementia. However, experts have noted that categorizing these behaviors as ‘symptoms’ and applying such terminology to these behaviors may be misleading or mistaken. This is because research has demonstrated that many behavioral expressions by dementia patients are actually a result of certain situational triggers or due to physical, social, or psychological needs that are unmet. Therefore, experts are now recommending that the term ‘behavioral expression‘ be used in place of ‘behavior symptoms or problems.’
This is in hopes that a terminology shift will lead to a change in the methods caretakers implement when trying to address these behaviors, moving away from medication as the only treatment method. Experts believe that resorting to pharmacological methods and attributing dementia patients’ behavioral issues primarily to dementia alone will remove focus from the underlying social situations which may be triggering the behavior, thus placing the focus on the dementia patient’s brain pathology alone. However, focus should be placed upon improving dementia care through patient-centered, individualized methods.

Studies Show Correlation between Pressure Ulcers and Skin Changes that Occur with Age

October 10, 2013 | by Law Offices of Ben Yeroushalmi

Recent research has been conducted to explain why the elderly population may be at higher risk for pressure ulcer development. Our skin functions as a defensive barrier against physical and chemical trauma and disease. However, research has uncovered correlations between skin changes that occur with age which may serve as risk factors for pressure sores. This is because various changes in the skin’s structure occur with time, impacting the skin’s ability to heal wounds quickly and leaving it more vulnerable. The skin of elderly individuals has increasingly fewer epidermal cell layers thus deteriorating its ability to serve as an effective barrier. Additionally, as people age, subcutaneous fat will deteriorate. This will have the effect of decreasing support of one’s skin from underlying bone. In addition, skin will generally respond with less vasodilation when there is external pressure, furthering the likelihood for pressure sore development.

Because of these changes, elderly individuals in nursing homes are highly susceptible to the development of pressure ulcers. Despite the fact that it is highly preventable, statistics reveal that about 2.5 million people develop pressure sores every year in the United States alone. Of these individuals, up to 24% develop pressure sores in long term care facilities, while 38% develop pressure sores during their stay at acute care hospitals. Pressure sores not only diminish an individual’s quality of life but may also lead to death. Thus, early identification and treatment are critical in preventing the development and worsening of sores, and the complications that may result due to their development.

NIH Increases Funding to Promote Nationwide Effort in the Fight Against Alzheimer’s Disease

October 8, 2013 | by Law Offices of Ben Yeroushalmi

The U.S. National Institute of Health (NIH) recently announced that it would be providing $45 million in funding for researchers to test novel drugs and therapies towards Alzheimer’s disease prevention, promoting a nationwide effort to find a solution to this prevalent degenerative disease. The NIH hopes this funding will help support research to find ways in which to stop the onset of Alzheimer’s, or at least delay its destructive progression. The United States has currently invested around $400 million to date in the fight against Alzheimer’s.

Alzheimer’s disease is currently the most prevalent form of dementia plaguing the elderly population and affects an individual’s ability to engage in daily activities. This aspect of the disease is devastating as it greatly impairs an individual’s independence. According to the Centers for Disease Control and Prevention (CDC), there are currently about 5 million Americans living with Alzheimer’s disease. Our elderly loved ones are at higher risk of being affected by Alzheimer’s disease, as age is currently the most significant known risk factor correlated with the disease.

Using Lysostaphin to Combat Staphylococcal Infections

October 7, 2013 | by Law Offices of Ben Yeroushalmi

Lysostaphin is a natural enzyme that functions as an antibacterial against staphylococcal infections including Staphylococcal aureus and Staphylococcal epidermidis. It is effective against combating these infections because it attacks the bacterial cellular wall of staphylococci, and is capable of destroying the bacterium within minutes. Staphylococcal aureus infections, particularly MRSA (methicillin-resistant Staphylococcal aureus), are a continuing concern within healthcare settings. This is because they are responsible for a large portion of infections which arise from implantable devices such as catheters, which act to provide a pathway for MRSA to travel into the body. While anyone may contract a staphylococcal infection, they are of particular concern within certain groups such as those residing in nursing homes. The elderly population is generally at higher risk due to their vulnerable state and weakened immune systems. Contraction of such infections not only lead to skin infections, but when the bacteria enters the bloodstream, it may spread into other organs, infecting them, and may also lead to sepsis, pneumonia, and other severe complications including death.

MRSA bacterial cells are capable of forming a community of bacterial cells, known as biofilms, on medical devices and damaged tissue, thereby surviving and spreading infection. Unfortunately, the biofilms that form on such devices are generally antibiotic resistant, and it becomes increasingly difficult to treat the infection. As a result, the device will either have to be removed or replaced via surgery, and the patient will require an intensive antibiotic treatment plan. However, subjecting the patient to this type of invasive procedure heightens their risk for further complications. Additionally, despite this course of action, infection reoccurrence is still relatively high due to the increasing antibiotic-resistant nature of the bacterium. Therefore, lysostaphin has been studied and considered as an alternative anti-staphylococcal treatment. This is because lysostaphin has been known to effectively destroy staphylococcal bacterial cells, and has been demonstrated to be particularly effective against MRSA.

Government Shutdown and its Impact on National Healthcare

October 4, 2013 | by Law Offices of Ben Yeroushalmi

A government shutdown took place Tuesday morning on October 1, 2013, due to Congress’ failure to pass a 2014 spending measure before the midnight deadline on Monday. The shutdown has resulted in about 800,000 federal employees being furloughed, allowing only for ‘essential’ government workers to continue performance of their duties. While the shutdown coincided with the launch of the Affordable Care Act, the opening of the new health insurance marketplace was able to move forward as planned.

The government shutdown will have various effects on federal agencies, including the healthcare industry. Federal agencies have provided information stating that Medicare will operate without disruption for the immediate future. Additionally, Medicaid funding was made available for states on October 1. The Administration on Community Living has reported that it will continue to support its Aging and Disability Resource Centers, along with the Health Care Fraud and Abuse Control program through the provision of mandatory appropriations. However, the ACL will cease providing funding for senior nutrition programs, elder abuse and neglect prevention services, and the long-term care ombudsman program due to the shutdown. The Department of Veterans Affairs will continue in operation, meaning that all VA medical facilities will remain open and in operation. Therefore, nursing home care will continue to operate within these facilities.

Healthcare-Associated Infections Threaten Elderly Residents in Nursing Homes

October 2, 2013 | by Law Offices of Ben Yeroushalmi

All elderly individuals residing in nursing homes are highly susceptible to healthcare-associated infections (HAIs), a significant cause of fatalities and needless suffering. Common healthcare-associated infections include urinary tract infections, skin infections such as pressure ulcers, pneumonia, influenza, scabies, and methicillin-resistant Staphylococcus aureus (MRSA). These infections are known as healthcare-associated infections (HAIs) because they are typically acquired by patients who are receiving treatment for an initial ailment while at a healthcare setting, such as a nursing home, urgent care center, or hospital.

According to the Centers for Disease Control and Prevention (CDC), about 1 in every 20 hospitalized patients will acquire a healthcare-associated infection during their stay. These patients, particularly those who are elderly, are already in a much weakened clinical condition. Therefore, they are at a higher risk of contracting an HAI resulting in complications and even death. Thus, it is extremely important that these patients receive high-quality and safe care within these facilities. Caretakers must be aware of an elderly patient’s susceptibility to HAIs and therefore should take preventative measures to protect against them.

Generally, when an HAI is detected, the cause of the infection must be identified by healthcare providers. After, they will need to assess which antibiotic treatment, duration, and dosage will be proper in an individual patient’s case. However, caretakers should not rely on antibiotics to fix the problem. Rather, they should first implement preventative practices to avoid the infection from arising in the first place, as many of these infections are preventable.