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.

After state health officials found multiple serious food safety violations, the Nevada State Health Division's Bureau of Health Care Quality and Compliance suspended the food permit for the Mission Pines Nursing and Rehabilitation Center for the day on Tuesday, September 2, 2009, forcing the facility to purchase restaurant food for its residents.

A routine survey by the Bureau found a 16 foot hole in the ceiling that could have contaminated the dishwashing area with leaking water. Investigators found meat, such as chicken and beef, and other perishable foods were stored at unsafe temperatures and food contact surfaces that were both soiled and contaminated. Investigators also found a malfunctioning dishwasher and determined that facility staff was unable to safely prepare food.

A surveyor remained at the facility after finding the food safety concerns and the facility was forced to serve meals from restaurants. The facility's food permit was restored at the end of the day, but the facility still faces possible fines.

Mary Lowery, a former nurse aide at Attah County Nursing Center in Kosciusko, Mississippi, pled guilty on February 11, 2009 to five counts of petit larceny and must repay nearly $1,300 in fines and court costs. Reportedly, Lowery took personal items from the residents of Attah County Nursing Center, although the specifics of her theft have yet to be released.

Edward "Tiger" Monsour's family thought that his 2005 stay at Manor Health Care Center in Las Vegas, Nevada would be short. Nearly a year later, in April 2006, his family removed him from the facility via wheelchair wearing a diaper and suffering from bedsores and a gangrenous heel ulcer. He later died of sepsis.

The family filed a complaint in District Court in 2006, prior to Mr. Monsour's death, alleging that there was inadequate supervision, lack of staffing, and a wound care nurse who knew nothing about treating pressure sores. The family was awarded over $754,000.00.

Now, attorneys for Manor Health Care Center have filed motions seeking to modify the decision as well as reduce the settlement amount arguing that Nevada law does not allow heirs to recover most of the damages because the arbitrator found against the portion of the complaint that claimed wrongful death.