Nursing Home Abuse Lawyer Blog

My personal experience as a Missouri Nursing Home Lawyer is that far too many nursing home residents are overmedicated by those responsible for providing quality care. In my job I often meet with residents and their families in nursing homes. On some of those occasions, the residents simply could not wake up. Their eyes fluttered as though they were struggling to wake up and participate in the conversation happening around them. Sadly, the government has determined that my experience is not unique.

The U.S. Department of Health and Senior Services recently prepared a report entitled Medicare Atypical Antipsychotic Drug Claims For Elderly Nursing Home Residents that found that too many nursing home institutions failed to comply with regulations designed to prevent overmedication. It is well known that prescribing antipsychotic medication to elderly residents with dementia is potentially lethal, yet 88% of these individuals receive such prescriptions.

Family members must make certain that they know what medications their loved one is receiving. They must educate themselves on the medications and the proper dosages. They must regularly ask questions of the caregivers and insist upon answers. Family members must know what the possible side effects are and should closely monitor their loved one for any signs of side effects.

Why would a nursing home overmedicate a resident? First, to be fair to the nursing home industry, many times the overmedication is completely unintentional. Elderly residents are more much more susceptible to overmedication than are younger people. The second reason is an indictment of the nursing home industry. Overmedicated residents do complain and are, therefore, easier to care for with a reduced staff. Residents who ask to be taken to the restroom, or who need more water or need help walking down the hallway often require assistance from staff members. When a nursing home operates on reduced staff (as most nursing homes do) drugged residents are easier to manage than those who are alert and active.

If you are concerned about the care your loved one is receiving in a nursing home, call our St. Louis personal injury lawyer David Terry for a free consultation at 1-888-317-2525.

In an October 16, 2009 ruling, the Nebraska Supreme Court invalidated an arbitration agreement signed by a nursing home resident's son because he did not have the authority to enter into such an agreement on her behalf.

Manda Baker was admitted to the Beverly Hallmark nursing home in Omaha, Nebraska due to a decline in her health. Her son, Frank Koricic, signed an optional "Resident and Facility Arbitration Agreement" on her behalf, which was presented to him during the admission process.

In 2007, Manda Baker reportedly sustained injuries while a resident of the facility and later died. Her son sued Beverly Enterprises alleging negligence, breach of fiduciary duty, and breach of contract. Beverly Enterprises filed a motion to dismiss the case and compel arbitration citing the document that Frank Koricic signed upon her admission to the facility. The district court ruled that the arbitration agreement was valid and enforceable, but the Supreme Court reversed and remanded the decision citing that while Frank Koricic had the authority to make medical decisions for his mother, he did not have the authority to sign the arbitration agreement. The Nebraska Supreme Court reversed the trial court's order to dismiss Frank Koricic's complaint and remanded the case for further proceedings.

The case involving Manda Baker will continue through the litigation process towards trial and will eventually be presented to a jury.