Diuretics Increase Risk of Nursing Home Falls

Falls are a leading cause of injury for nursing home residents, and the consequences can be life-threatening. Many elderly residents are prone to serious fall-related complications, including broken bones, bruises, and brain injury. Even a fear of falling can harm a resident’s quality of life, causing them to limit their mobility and lose muscle tone or balance.

Several classes of medications have already been shown to increase the risk for falls, including sedatives and antidepressants. New research shows that diuretics, or water pills, can also increase fall risk because they cause dizziness and dehydration. Although it has long been suspected that the use of diuretics contributes to falls, this study is one of the first to conclusively show a causal link. Researchers studied more than 1,000 nursing home residents at the Boston-based Hebrew Rehabilitation Center, all over the age of 60. Results showed that residents who received a new prescription for a diuretic or whose diuretic dosage increased were more than twice as likely to fall within one day of receiving their new prescriptions. Residents using loop diuretics, which increase calcium excretion, were most at risk,

This data shows the importance of implementing fall prevention measures in nursing homes. Surveillance should be increased for at least 2 days following a change in diuretics. Residents should also be instructed to take the medication during the day, because fall risk is elevated at night. Loved ones place a great deal of trust in nursing homes and expect that safety of residents is always a priority. Medications that increase fall risk should be accompanied by increased surveillance and safety measures.

Nursing home attorneys at Pintas & Mullins Law Firm understand that families of elderly residents expect careful, conscientious care from nursing home facilities.   The law requires that nursing home residents receive adequate care to prevent fall-related accidents. Even low-level falls can cause serious injury or death. If your loved one has suffered a broken bone or other serious complication from a nursing home fall, we will work zealously to ensure that the nursing home is held accountable for their neglect.

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Nursing Homes Force Feeding Tubes on Elderly Dementia Patients

The decision to allow the insertion of a feeding tube is one of the toughest decisions that families of elderly nursing home residents have to face. Seniors with advanced dementia eventually develop problems eating and swallowing as their disease progresses, and they are unable to speak for themselves. Family members are left struggling with the emotional and controversial decision to allow tube feeding in order to meet the needs of their loved ones. 

A recent New York Times report could make this decision even more difficult. Tube feeding is an invasive procedure with serious risks, but there is no evidence that the procedure improves survival rates or prolongs patients’ quality of life. Nevertheless, about a third of elderly nursing home residents with advanced dementia receive feeding tubes based largely on misguided decisions.

Basic time and care can help seniors who have difficulty eating and drinking, and artificial nutrition should only be used as a last resort. But time is a convenience that many nursing homes do not have, and some go so far as to require that elderly patients be fitted with a tube in order to be admitted. This is a disturbing trend that does not afford seniors the respect that they deserve in their final chapter of life. Even when physicians ask for permission to insert a feeding tube, many family members say they feel pressured to agree, or they are not fully informed of the risks involved. These risks include infection, nausea, vomiting, and the possibility that the patient may rip out the tube in distress.

Chicago nursing home attorneys at Pintas & Mullins remain committed to the belief that a nursing home patient’s dignity and quality of life must be respected at all times, and family members should be fully informed and involved in difficult decisions that affect their loved ones. Convenience should never be substituted for quality care.

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Nursing Home Residents Given Drugs That Nearly Doubled Their Risk of Death

Medication errors are an unfortunate reality of our healthcare system, as far too many nursing homes are understaffed and ill prepared to meet resident’s needs. These errors not only threaten the health and safety of vulnerable elderly residents, they also cost taxpayers millions of dollars.

The New York Times Old Age Blog revealed a shocking new report from the Department of Health and Human Services that shows hundreds of thousands of elderly nursing home residents with dementia were overmedicated with strong anti-psychotic drugs that increased their risk of death.   These drugs include Seroquel, Risperdal, and Zyprexa, which are meant to treat serious mental illnesses like schizophrenia. 

There is ample evidence that drug companies have aggressively marketed these anti-psychotic drugs to dementia patients, even though such use is potentially lethal. A series of recent lawsuits and settlements show that drug companies routinely put profits before safety. Eli Lilly pleaded guilty to criminal charges for illegally marketing its drug Zyprexa, Pfizer settled a claim that its anti-psychotic drugs were improperly promoted for off label uses, and federal prosecution is pending against Johnson & Johnson for allegedly paying kickbacks to nursing homes to increase Risperdal prescriptions for dementia patients.

Taxpayers ultimately pay the price for these medication errors. The government audit found that more than half of all Medicare claims for atypical anti-psychotic drugs were erroneous, costing about $116 million in taxpayer funds in 2007.

Chicago nursing home attorneys at Pintas & Mullins have represented many nursing home residents whose lives have been irreversibly harmed by medication errors. Families of nursing home residents should be able to trust that their loved ones are being taken care of and these drug errors unjustifiably deprive them of the safety and security that they deserve

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Nursing Homes Seek Health Care Law Exemption

 Many nursing home employees who provide critical care for our nation’s seniors lack adequate, affordable health care of their own.   According to recent estimates, one in four nursing home employees do not have health care coverage. 

The new health care law is supposed to fix the problem. Beginning in 2014, the Patient Protection and Affordable Health Care Act will require that all employers who have 50 or more full-time employees offer affordable health care coverage or risk paying a penalty. 

A New York Times cover story sheds light on an intense lobbying effort by nursing home and home care agency executives who are seeking an exemption from the law. They argue that their facilities heavily depend on Medicare and Medicaid for revenue, but the programs’ low reimbursement rates make it difficult to provide health insurance to employees.    When nursing homes do offer health insurance, the benefits are often limited and employees cannot afford to pay for it.

The cost of providing additional health care insurance to caregivers may fall on the families of nursing home residents. Americans already pay at least $17,000 more per year for nursing home care than they did in 2005. Even more charges could be expected.

 But ensuring that nursing home employees have access to affordable coverage may be well worth the additional cost. Nursing home injuries are common, especially for employees who lift patients and help them get out of bed. Employees who lack health insurance are less likely to seek treatment for on-the-job injuries. They are also less likely to seek treatment for contagious illnesses that could jeopardize the safety of the residents that they care for

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Seniors Not Getting the Preventative Services They Need

As Americans age, they are often vulnerable to illnesses that threaten their quality of life. Preventative screenings and regular immunizations are critical tools to protect seniors from unnecessary illness. However, a new government study shows that many older adults are putting their health in serious jeopardy by not getting the services they need to prevent disease.

According to a report by several U.S. Department of Health and Human Service agencies, few seniors are getting recommended pneumococcal vaccinations against influenza, bloodstream infections, pneumonia, and meningitis. Elderly Americans are also inadequately screening for breast cancer, colorectal cancer, diabetes, high cholesterol, and osteoporosis.

This trend is most prevalent among elderly minority groups. More than half of all Hispanic seniors and nearly half of all African-American and Asian seniors have never received recommended immunizations or preventive screenings.

It is quite clear that the aging population is steadily growing, yet these proven clinical services remain severely underutilized. The report suggests that many older adults may not be aware of the services that are recommended for their age group, or they may not know that the services are covered by Medicare. Seniors need to take their health into their own hands and take preventative measures to ensure a long and healthy life.

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Even Star Power Cannot Protect Vulnerable Seniors from Elder Abuse

Elder abuse is a troubling problem that has long been ignored, leaving the nation’s most vulnerable citizens defenseless against physical and psychological abuse, neglect, and financial exploitation. Seniors are likely to suffer in nursing homes, assisted living facilities, and even their own homes. 

Even fame and fortune are not enough to protect our senior citizens. 90-year-old entertainment legend Mickey Rooney recently turned the public spotlight on these unacceptable problems when he urged the Senate Special Committee on Aging to crack down on elder abuse.

Rooney gave an emotional performance before the Committee, as he described the abuse he suffered at the hands of close relatives. Rooney passionately explained that his step-son and wife withheld food and mediation, verbally abused him, and took control of his life and assets. He encouraged seniors to come forward and share their stories, because silence only increases the chance that abuse will go undeterred.

Elder abuse cases threaten to overwhelm adult protective service agencies in states such as Illinois that are already overburdened and underfunded. Staffing and training continue to suffer as funding for these services decreases. It is a problem that is not only disturbing, but deadly. Studies show that elder abuse leads to a 300 percent increase in death. 

Experienced nursing home lawyers at Pintas & Mullins understand the need to protect our senior citizens and their families and continue to strongly advocate on their behalf.

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Many Dementia Patient Hospitalizations Could be Avoided

Residents suffering from advanced dementia are among the most vulnerable patients in nursing homes. These elderly patients are often bed-bound, unable to speak more than a few words, and prone to confusion or fear. Although it is less traumatic for dementia patients to remain in the nursing home, a recent New York Times blog points out that they are often subject to aggressive treatments and hospital transfers with limited clinical benefits.

A group of researchers at the Hebrew Senior Life Institute found that 75 percent of these hospitalizations may be avoidable, because dementia patients can be treated with equal effectiveness in the nursing home. Intravenous antibiotics can usually be administered there, along with palliative care that reduces fevers and helps patients breathe.   

Not only is hospitalization extremely burdensome for patients, it’s also costly. Over an 18-month period, researchers analyzed Medicare spending for more than 300 advanced dementia patients in Boston-area nursing homes. Hospital stays accounted for most of the spending, along with hospice care. 

Cost-shifting may be part of the motivation. Dementia patients are often rushed to the hospital for common and recurring problems such as respiratory infections. Each time they return, they are covered for up to 100 days by Medicare, at higher rates than Medicaid payments may have covered them before.

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Seniors Using High-Tech Sensor Networks in Homes

 

A recent CNN report shows that some seniors are using technology to stay independent without sacrificing their safety.

Sensor networks, which are common in hospitals and assisted living centers, have found their way into the homes of some older Americans. The high-tech systems collect information about a person’s daily habits and conditions, then relay that information in real-time to doctors or family members.

These systems may give seniors a chance to live independently as long as possible, by monitoring their motion, vital signs, and even whether or not they are taking their medications. All of this connects wirelessly and motion sensors can discreetly be placed in the mattresses, doors, or refrigerators of any room.

The technology comes with a hefty price- only a few boutique companies in the U.S. sell the systems and installation fees can be as high as $5,500. Monthly monitoring fees of $300 or $400 a month are also common. But the benefits may be worth it for some seniors. Early indications show that doctors may be able to spot Alzheimer’s, dementia, and indications that a person is susceptible to falls by monitoring their daily lives.

 he popularity of these devices may be slowed by a lack of formal research and serious legal implications. Privacy advocates warn that data collected from a third party is susceptible to being subpoenaed by your insurance company, employer, or the IRS. 

In the meantime, the trend of using science to monitor seniors will continue. University researchers are testing robots that help take care of older people, keep them company, and even give them sponge baths.

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Lawmakers Push for More Transparency from Nursing Home Owners

Finding the true owners behind local nursing homes is a challenge that federal health officials hope to resolve, according to a new report released this week. 

A bipartisan group of lawmakers, including Senators Chuck Grassley, Max Baucus, and Rep. Pete Stark, commissioned the report, which found that private investment firms are buying up nursing homes at an increasing rate, leaving behind a complicated trail of ownership information. 

A select group of investment companies is currently responsible for the care of hundreds of thousands of seniors. Private equity firms purchased more than 1,800 nursing facilities in the last decade. Ten large firms made nearly 90 percent of the purchases.   Unfortunately, these private buy-ups make it nearly impossible to determine who is operating many facilities and who is ultimately to blame for negligent care.

Lawmakers are advocating a new law that would require nursing home facilities to provide more detailed ownership information so that they can properly oversee nursing homes and hold the correct parties accountable. Sen. Baucus explained that the new health care reform law will “shed light on who owns nursing homes, who is making care decisions, and how these facilities are being run.”

The lawmakers also requested a follow-up report that would evaluate the relationship between these corporate ownership structures and the quality of care that they provide.

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Deadly Superbug Spreading in Chicago Nursing Homes

 

Deadly strains of bacteria resistant to even the most powerful antibiotics are quickly spreading in Chicago hospitals and nursing homes.

The “superbug,” is formed when common bacteria produce an enzyme known as KPC, which is resistant to a class of antibiotics doctors depend when other treatments fail.

KPC bacteria were first reported in North Carolina more than a decade ago. Now the germ is rapidly spreading in the Chicago area. The number of area facilities reporting KPC infections increased 42 percent in the last year,   according to a new survey done by Rush University Medical Center and the Cook County Department of Public Health. 

Elderly nursing home patients with weak immune systems face the greatest risk. More than three-quarters of patients that tested positive for the germ lived in a long-term care facility.

The high mortality rate associated with the drug-resistant bacteria is particularly troublesome. About 40 % of patients who contract KPC ultimately die. Last week, KPC-producing bacteria caused an outbreak in Brazil, killing at least 15 patients.

The bacteria live in the gut and often enter through intravenous catheters. They can be spread through contact with an infected person or the unclean hands of a health care worker. Researchers recommend better communication between long-term care facilities and hospitals when transferring infected patients. 

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ABUSE AND NEGLECT AT LOCAL CHILDREN'S NURSING HOME

An investigation by the Chicago Tribune revealed a decade of abuse and neglect at Alden Village North, a nursing home on Chicago’s North Side that cares for children with severe mental and physical disabilities.

The report brought to light the deaths of 13 disabled children over the last 10 years, including a nine-year-old boy who died from an infection and bowel obstruction after staff failed to properly care for his g-tube and failed to notice a change in his condition.

 

The report also exposed life-support alarms that failed to go off or went undetected and a troubling disregard for basic hygiene needs, such as baths or diaper changes.

Records showed that lawmakers allowed the problems to worsen by dropping or reducing fines and failing to fully investigate deaths that occurred at the facility. 

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HEALTH CARE GIANT J&J ASKS JUDGE TO TOSS KICKBACK CASE

Johnson & Johnson is asking a federal judge to toss out a lawsuit alleging the company paid millions of dollars in kickbacks so nursing homes would put more patients on its popular schizophrenia medication and other drugs.

The government and two whistleblowers accuse J&J of paying kickbacks for five years to long-term pharmacy Omnicare, Inc., whose pharmacists then pushed doctors to prescribe the schizophrenia drug Risperdal for patients with signs of Alzheimer’s. The drug was later found to increase the risk of death elderly dementia patients and the FCC required that it be sold with its most severe “black box” warning.”

 

For its part, J&J says that it did nothing wrong, and the discounts it offered Omnicare were standard industry practice that did not violate federal anti-kickback laws.

U.S. District Judge Richard Stearns heard arguments from lawyers for the government and J&J on Thursday, but it is not immediately clear when he will rule.

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Litigation Protects Nursing Home Residents from Abuse and Neglect

 

A new report from the American Association for Justice shows trial attorneys are the most effective force in uncovering abuse and neglect by corporate nursing homes and insurance companies.

Large corporate chains run a vast majority of the nation’s nursing homes, which are struggling with pressures to cut costs and lower staffing levels. An increased emphasis on profits has led to a distressing rise in neglected and abused seniors. Researchers at the National Center on Elder Abuse estimate as many as 1.5 million senior residents are abused every year.

“Corporate nursing homes and insurance companies have continually chosen to put profits ahead of the well-being of our most vulnerable population,” said AAJ President Gibson Vance.

The report illustrates how trial attorneys across the country have stepped in where laws and regulations have failed. Litigation exposes nursing home abuse, uncovers insurance tactics to delay or cut off seniors’ claims, and allows residents and their families to hold offending corporations accountable.    

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Arrests Made in Surprise Nursing Home Sweep

 

Four nursing home residents with arrest warrants were found hiding out at a Chicago area nursing home yesterday, and more than a hundred others have been discovered in the last nine months. 

The surprise sweep at the Central Nursing and Rehabilitation Center was the latest in a series of unannounced checks known as “Operation Guardian.” A team of investigators led by Illinois Attorney General Lisa Madigan found residents and staffers wanted for everything from sex offense to burglaries. However, because more than two-thirds of the warrants were from out-of-state, only 30 people were arrested.

The state health department conducts separate, unannounced investigations of Illinois nursing homes every 12 to 15 months. But this three-month window gives facilities an opportunity to make last-minute improvements to remedy any state nursing home law violations.

Madigan pledged to continue the surprise checks “as long as the problem exists

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ACLU Claims Illinois Nursing Homes Use Scare Tactics to Keep Patients

The State of Illinois recently reached a court settlement that offers supportive community-based housing and treatment to about 4,500 psychiatric patients who currently reside in nursing homes.  Following this settlement, the Chicago Tribune reported that the American Civil Liberties Union (ACLU) filed court papers stating that Illinois for-profit nursing home operators were using scare tactics to keep psychiatric patients in their facilities, instead of letting them move into supporting community-based housing.  Nursing Home operators deny these allegations and raise concerns about whether the State can provide appropriate housing for such patients.

The current argument between the ACLU and Nursing Home operators stems from the latter’s distribution of “information sheets” which, according to the ACLU, state that the court settlement purposefully lacks details” and may  take away protections for people who do leave the nursing home.  Specifically,  the information sheets state that the settlement does not specify “where you’ll move, how you’ll pay rent, how you’ll be fed, who will help you with your medication and other medical needs, or what happens if you don’t like it and want to return [to the nursing home]”. Nursing Home operators  state the “information sheets” are accurate, and that they are worried the State will not deliver on its promise to care for the psychiatric patients that move into the new community settings.

State officials responded that psychiatric patients are free to choose where they want to go, and that nursing home operators are wrong to deny that the smaller community settings may be less expensive and more therapeutic.

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Illinois Nursing Home Gets License Revoked

Recently, the Chicago Tribune reported that Illinois health authorities have moved to revoke the license of Evergreen Health Care Center in Evergreen Park, a southwest suburban nursing home. Evergreen Health Care is partly owned by state Senator Heather Steans, a prominent advocate of reform legislation to improve safety and care standards in Illinois nursing homes. The revocation of its license follows from repeated citations for patient neglect.

Evergreen Health Care was recently added to a federal watch list for nation's most troubled nursing homes. Previous inspections there yielded several safety breaches, such as failure to prevent maggots from infecting the scalp wound of an elderly skin cancer victim. South Shore Nursing & Rehabilitation Center was also recently added to the federal watch list due to safety violations. There are currently five Illinois facilities on the federal watch list.

 

Contact an Experienced Nursing Home Injury Attorney

 

The attorneys at the Pintas & Mullins Law Firm have extensive experience with nursing home abuse and neglect cases. If your loved one has suffered from abuse or neglect in a nursing home, contact us for a free no-obligation consultation to find out about your legal rights. You can also visit our website to learn more about nursing home abuse and neglect cases.

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Illinois Nursing Home Reforms Move Closer to Becoming Law

Recently, the Chicago Tribune reported that Illinois lawmakers have negotiated a historic bill that hopes to reform its troubled nursing homes.  The reform effort was initiated by a series of Chicago Tribune investigations where chronic violence was exposed in a number of nursing home facilities.  The bill contains a number of measures aimed to prevent such violence.

The bill will tighten existing criminal background checks and psychological screenings of incoming nursing home residents, and place dangerous patients into separate secure therapeutic wards.  In addition, nursing homes would be required to significantly increase staffing levels and to meet stricter safety and treatment standards.  Nursing homes currently agreed to increase nursing staff levels in the next four years to 3.8 hours of daily nursing care for each resident (up from the current minimum of 2.5 hours) although 4.1 hours per resident was recommended. Another key provision concerns the admittance of residents suffering from serious mental illnesses. Under this new law, nursing homes will be required to obtain a certification that they can meet the standards to properly care for these residents. These standards include requiring homes to have enough staff on a 24-hour basis, training of staff on “managing aggression and crisis prevention”, and substance abuse programs.

Lawmakers say implementing the many provisions in the 159-page bill will be difficult, but that the changes are desperately needed and it is in everyone’s best interest that the bill is passed.  Late Thursday night, the bill hurdled its first obstacle by passing the House with a vote of 118-0. The bill now goes to Governor Quinn’s desk.

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Dangers of Wandering for Alzheimer's Patients

The New York Times recently reported on the dangers of wandering in Alzheimer’s patients. The tendencies to wander are usually accompanied by confusion and lack of memory. These tendencies may be dangerous and fatal.  Alzheimer’s is the most common form of dementia. It has no known cure, and affects about 50% of people over 85 years of age. Alzheimer’s patients who wander may try to avoid being found due to a fear of authority figures, presenting dangerous problems in facilities caring for these patients. It has been reported that these patients have sometimes been found in attics and locked closets. Other patients have been left wandering outside in cold weather, resulting in frostbite or even freezing to death.

In Arizona, the state’s search and rescue coordinator reported several cases where the elderly ventured out into the desert and then vanished.  Advanced age can significantly weaken patients, and they can easily pass away from dehydration in such a situation.  In nursing homes, negligence of a patient that suffers from Alzheimer’s can also result in adverse consequences to their health and well-being.

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If your loved one has suffered from negligence or abuse at a nursing home, contact our law firm today. The Pintas & Mullins Firm will provide you with a free no-obligation consultation.

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Illinois Proposes Reforms to Increase Staffing Ratios in its Nursing Homes

The Chicago Tribune recently reported that Governor Pat Quinn is proposing reforms for Illinois’ troubled nursing homes. These reforms would mandate Nursing Homes raise their minimum staffing levels and nursing care hours for residents that need skilled care.  Currently, Illinois rules require nursing homes to provide at least 2 ½ hours of nursing care per resident each day.

Many studies reveal that more nursing hours lead to a better quality of nursing care.  Governor Quinn hopes increasing nursing care will improve overall safety of the residents. The new reforms aim to increase nursing care to a minimum of 4.1 hours per day for residents.

Contact our Experienced Attorneys

If you or a loved one has been neglected or injured in a nursing home, contact our law firm today. We will provide you with a free no-obligation consultation and explain your legal rights.

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Nursing Homes Continue to Use Inappropriate Anti-Psychotic Drugs

According to the Boston Globe’s recent analysis, about 2,500 nursing home residents in Massachusetts were given powerful antipsychotic drugs last year that were not appropriate for their medical condition. In many cases, the medications were given due to the lack of behavior management techniques, experience or manpower in nursing homes to handle agitated patients.

This trend of increased antipsychotic drug use is very worrisome because a large number of nursing home residents suffer from dementia. Dementia patients taking antipsychotic drugs, also known as psychotropic drugs, have an increased risk of death.  Psychotropic drugs are intended to treat patients with mental illnesses such as schizophrenia.

Officials in the Massachusetts Senior Care Association state that the state’s rank of frequency of use of psychotropic drugs, 12th in the nation, points to a need for more training in nursing homes.  As Robert Stern, an Alzheimer’s specialist and brain research at Boston University School of Medicine states, “Way too many patients in nursing homes are treated with antipsychotics purely to sedate them or to control behaviors that are difficult for the staff.”

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Nursing Home Drug Abuse

Lloyd Berkley was a nursing home resident who, according to his nurse, became very angry and combative shortly after his admission to the nursing home. As a result, the nurse administered a psychotropic medication known as Haldol to sedate Mr. Berkley. Mr. Berkley was not psychotic, and Haldol is used primarily to treat schizophrenia and acute psychotic states. Shortly after the drug was injected, Mr. Berkley fell asleep. Upon waking up, he fell and struck his head on a fan. Two days later, he died from bleeding in his brain. Mr. Berkley’s case highlights a disturbing trend at nursing homes today: nursing home residents improperly receiving psychotropic drugs which lead them to fall and suffer serious injuries and sometimes death.

Nursing Homes and Psychotropic Medication Injuries

Psychotropic drugs affect the central nervous system and cause changes in behavior or perception, and are generally used to treat psychotic conditions. The Chicago Tribune recently reported that “half of Illinois’ best nursing homes-those rated four or five stars by the federal government-have been cited at least once since 2001 for misusing psychotropic” medications”. According to the Tribune, thousands of nursing home residents were given these drugs without a diagnosis of psychosis or consent by the resident. To date, the Tribune has identified 1,200 violations of this nature since 2001, with the actual number of affected nursing home residents projected to be higher than reported.Many residents who have been improperly given these medications sustain serious injuries from their side effects. Other residents become so lethargic that they need to be hospitalized.

Nursing home residents who suffer from Alzheimer’s, cancer or Parkinson’s disease are among some who improperly receive psychotropic medications. Patients who exhibit anxiety, restlessness, or confusion are also among those who improperly receive these medications. Side effects include severe lethargy, permanent involuntary muscle movements, seizures and sudden death. Medications that are commonly given include Zyprexa, Seroquel, Haldol and Risperdal.

Contact an experienced nursing home abuse attorney

At times, nursing homes may purposely add a diagnosis of mental illness to a resident’s records to justify the use of psychotropic drugs, even if they do not have such an illness. Because of our extensive experience, our legal experts can obtain medical records and determine if improper action was taken at the nursing home your loved one is at. If you suspect that a loved one in a nursing home may have been seriously injured as a result of being improperly given psychotropic medications, contact an experienced nursing home abuse attorney at the Pintas firm today. Our personal injury law firm can provide you with a free no-obligation consultation and inform you of your legal options.

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A Feline Harbinger of Death

In the story of Oscar the cat lies a temporary light-hearted break with the serious nature of our blog:

Residents at the Steere House Nursing and Rehabilitation Center in Providence, Rhode Island, have their very own grim reaper...in the form of a feline. Oscar the cat displays an uncanny accuracy in predicting death of the residents on the third floor dementia unit of the nursing home. He has been accurate in 25 cases, beating even a doctor in his predictions of death. Dr. Joan Teno of Brown University, an expert in terminal illness care, had predicted the death one patient. which turned out to be ten hours too early. Oscar wouldn't stay in the room until some hours later, when the patient had two hours left to live.

Most of the families appreciate Oscar's accuracy in allowing them to say a final farewell to their loved ones. Although the cat recently received a wall plaque commending his "compassionate hospice care", animal experts say that his behavior could be driven by a desire for personal comforts, such as heated blankets placed on dying patients. Or, it could be due to a keen sense of smell or attentiveness to unconscious changes in behavior in those surrounding him upon impending death. Regardless, Oscar the cat's behavior is another example of the powers of animals that we have not yet fully comprehended, but find so phenomenal.


For more: visit  edition.cnn.com/2007/US/07/25/death.cat.ap/index.html#cnnSTCText
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Nursing Home Abuse

"While the traditional view of elder abuse in nursing homes involves staff harming residents, new research suggests residents may have more to fear from their peers..."

Read the full article at http://www.msnbc.msn.com/id/19712822/from/ET/

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$2.8 Million Settlement for Illinois Bed Sore Case

"CHICAGO - A $2,325,000 settlement was reached April 19 in a pressure sore and wrongful death action against Senior Lifestyle Maplewood's Kingsley Place nursing facility, a woman's treating physician and a home health agency (John Mozenter, Personal Representative of the Estate of Marilyn Mozenter, v. Senior Lifestyle Maplewood Ltd. Partnership, d/b/a Kingsley Place At Lincoln Square, et al., No. 2 L 16293, Ill. Cir., Cook Co.)."

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$750,000 Florida Jury Award for Nursing Home Rape Victim

"A $750,000 jury award against a Jacksonville nursing home where a 77-year-old woman was raped by a repeat sex offender has the daughter elated about the outcome, but not because of the money.

I don't care if it was $1, it was all about the ... verdict," Sandra Banning said Friday.

Banning is happy because she thinks Thursday's verdict in the civil case will help reignite legislation to protect people from sex offenders in nursing homes. She said she wants a law to prevent what happened to her mother from ever happening again.

In 2002, police said, Banning's mother was living in the Southwood Nursing Center in Arlington when an 83-year-old man raped her in her room, the Times-Union reported then."

Read the full article in the The Florida Times-Union.
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Texas Jury Awards $160 Million in Nursing Home Assault Case

The Estate of Tranquilino Mendoza sued Summit Care Corporation on a negligence theory for the injuries sustained by Mr. Mendoza when he was assaulted and battered by a mentally ill patient of the nursing home where Mr. Mendoza was living who was placed in the room with Mr. Mendoza. His roommate beat Mr. Mendoza with a water pitcher, a glass and his fists two days after being moved into the room where Mendoza was living. Mr. Mendoza died from unrelated causes three years after the 1997 assault and batter. He was 81-years-old at the time of the assault. Plaintiffs asserted that Defendant knew or should have known of the risks associated with putting the assailant in the same room with Mr. Mendoza because the assailant had been involved in 30 assaults before he was paired with Mendoza.

Summit Care claimed that Mr. Mendoza's injuries from the assault and battery were not significant and that he recovered quickly from the injuries.

The verdict is one of the largest ever for nursing home abuse.

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Nursing Home Inspections Miss Violations

State inspectors often overlook serious deficiencies, including life-threatening conditions, in the nation's nursing homes, Congressional investigators say in a new report.

In the report, the investigators, from the Government Accountability Office, questioned data used by the Bush administration in arguing that its policies have fostered "significant improvements" in the nation's nursing homes.

Nursing homes must meet federal standards to participate in Medicaid and Medicare. Homes are inspected by state employees working under contract to the federal government.

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Ex-Cons Get Break in Nursing Homes

A newly enacted law to protect nursing home residents from sex offenders and other ex-cons is being watered down due to industry cries that it is too costly.
The Vulnerable Adults Protection Act requires that a criminal background check be performed on nursing home residents to keep sex offenders out of nursing homes or away from other residents within the nursing home. The proposed changes, heavily lobbied for by the nursing home industry, exempts residents from background checks unless the resident voluntarily confesses to past crimes on a questionnaire, essentially implementing the honor system to keep sex offenders away.

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State Sued in Nursing Home Probes

Relatives of two former nursing home residents and an advocacy group have sued the state for failing to investigate complaints against nursing homes promptly, alleging the delays exposed elderly patients to abuse and neglect. The suit, filed in San Francisco Superior Court, comes after a California health official conceded in a July interview with The Times that the state has often been unable to respond to complaints filed against nursing homes within the 10 working days required by law. Over the last five years, the number of complaints against nursing homes has increased, from 9,650 in 2000 to 15,512 in 2004, according to the state. But the number of state citations has decreased, from 709 in 2000 to 464 in 2004.

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The Pending Nursing Home Crisis

Consider this all too familiar story. Texas resident Noe Martinez, Sr., lived with his son and daughter-in-law up until they could no longer care for him. He suffered from late stage Alzheimers and needed constant care. His son took him to the McAllen Nursing Center, where late one evening a nurse gave him a peanut butter and jelly sandwich. Mr. Martinez had no teeth, and without his dentures or glass of water he choked on the sandwich and suffered a heart attack. Mr. Martinez eventually died as a result of the heart attack.
However, bringing suit against the nursing home is extremely difficult thanks to the sweeping tort reform laws passed in Texas in 2003.
The problem begins with the Republican majority in the Texas legislature. The nursing home lobby in Texas stuffed the pockets of Republican campaigns. This money, along with money from corporations and insurance companies, funded illegal Party tactics to put more Republicans in office. The indictments continue, but not before the damage was done.
Nursing homes in Texas are currently regulated by the state less now than in the last decade. With minimal state regulation, and caps on nursing home negligence cases, there is little deterrant for a nursing home to minimalize care in the name of big profits.
When you consider the current state of nursing home care in Texas with the aging baby boomer population, the potential problems are frightening. You have a potentially overwhelming population headed for facilities that are poorly regulated and protected from lawsuits.

Read the full article here.

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Study Shows Non-Profit Nursing Homes Offer Better Care

A recent study performed by the University of Toronto indicates that non-profit nursing homes in the United States offer better care than for-profit homes. The study considered 40 cases comparing non and for-profit nursing homes between 1993 and 2002. The study showed that residents in for-profit nursing homes had higher rates of development of pressure ulcers, were subjected to greater use of psychoactive medications, and were more frequently placed in restraints.

The study does not explain the descrepancy, but reason would dictate that the pressure to make money often predominates over patient care. This ultimately leads to a focus on the bottom line rather than the best care of the residents.

On another note, be very leary of any nursing home that purports to be "non-profit." Often non-profit nursing homes pay out huge sums of money to those with an ownership interest in the home. Some investigation into the financial workings of the home is always a good idea.

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Increase in Nursing Home Violence

An alarming trend of violent acts by and against residents of nursing homes is surfacing. Statistics from the federal Administration on Aging shows that in 2003, the number of reported patient-on-patient assaults increased to 5,515, from 5,000 in 2000. During this same period, the number of reported nursing home patient-on-patient sexual assaults shot up 51 percent, to 1,302 in 2003.
This increase is due to a variety of reasons, but is most often the result of lack of supervision. Failure to consider an incoming resident's criminal history including sexual assault is another cause.
From more information, check out the National Association of State Units on Aging.

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Choosing the Right Nursing Home in Chicago

There is an alarming rate of nursing home injuries including physical, psychosocial, cognitive and financial harm. The most common physical injuries are the result of an unnecessary fall. Of the 1.5 million nursing home residents nationwide, approximately 50% fall at least once per year. Of the residents that fall each year, 10-20% of the falls result in serious injury. Among people 85 years of age or older, 20% of fall related deaths occur in nursing homes.

The best way to protect a loved one from one of these injuries is by choosing the right nursing home...

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Chicago Area Nursing Home to be Shut Down

On April 27, 2005, Attorney General Lisa Madigan announced that proceedings have been initiated to close down the Emerald Park Health Care Center in Evergreen Park. At the request of the Illinois Department of Public Health, Attorney Madigan filed an emergency motion in Cook County Circuit Court to appoint an administrator to oversee the Home's closing. You can read the IDPH press release here.

Violations and fines have plagued Emerald Park for years, including a $20,000.00 fine for not providing sufficient nursing care in 2003, and $5000.00 fine for not protecting a resident from mental and physical abuse in 2002.

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State Finds Sex Offenders Living in Nursing Homes

The Chicago Sun Times recently reported the rash of convicted sex offenders currently living in nursing homes in Illinois. State law does not require that the sexual abuse conviction be disclosed to residents of the nursing home. A check with the State revealed that there are 100 convicted sex offenders living in 54 nursing homes, long term care facilities, and supportive living centers in Illinois.
Worsening the issue is the fact that workers at the nursing facilities are not told of the criminal past either. This is becoming a disturbing trend across the country's assisted care facilities. See related article here.

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