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.

Fifty-nine year old Julia Galvan was arrested on March 2, 2011, after authorities viewed "granny cam" footage showing Galvan attacking a paralyzed, terminally ill hospice resident.

It all began on January 15, 2011, when Modesta Alvarado, a completely defenseless resident of Harborage nursing home in North Bergen, New Jersey, reportedly was slapped awake with an open-handed blow to the top of her head. Video footage shows Alvarado's stunned reaction: eyes and mouth wide open, face registering pain. Due to her condition, she was unable to communicate further or even call for help. She suffered through two more violent blows, again caught on tape. Her abuser was her facility caretaker, Julia Galvan, who was supposed to care for her. Sadly, Modesta Alvarado was found dead less than 24 hours after the violent attack, although authorities do not attribute her death to the incident. It's sad to realize that rather than receiving love and care during her last hours, Modesta Alvarado had to fight for her life and experienced pain, suffering, and fear.

On February 23, 2011, Alvarado's daughter contacted local police after reviewing the video footage that she shot using a camera hidden in a clock radio. In addition to the abuse discussed above, the footage caught Galvan ripping an oxygen mask from Alvarado's face, even though she was not authorized to remove any of Alvarado's medical equipment.

Galavan was charged with assault, abandonment, and neglect of the elderly and has been terminated from the facililty. She has posted $5,000 bail and is currently out on bond.

When asked why she attacked Alvarado, Galvan told police that she was "stressed" and suffers from depression.

The Terry Law Firm has handled many cases involving nursing home abuse and neglect. Some signs to watch for if you suspect your loved one may be suffering abuse or neglect at the hands of nursing home facility staff are:

- Unexplained bruising or crying or other emotional outbursts
- Signs of depression
- Unexplained fear - often of just one individual
- Withdrawal from activities normally enjoyed
- Clinging to visitors or family members

Take time to listen to your loved one and watch their reactions. If you suspect that abuse or neglect may be occurring, contact Illinois and Missouri Nursing Home Abuse Attorney David Terry for a FREE, no-obligation consultation toll-free at 1-888-317-2525 or 314-878-9797.

Ninety-two year old Robert Ogbin, a World War II veteran, has lived at Shady Lane Nursing Home in New Jersey for nearly two years. Robert suffers from Parkinson's disease and dementia, so his family members assumed that he would get the care he needed at the facility. Tragically, Robert was abused in the early morning hours of June 17, 2009.

Robert alleges that he suffered an assault by a male nurse's aide, who grabbed Robert by his ears and "began slamming his head into the mattress". He suffered severe lacerations to his ears and did not receive any treatment for days, according to his attorney. Robert's wife was unaware of his injuries until the following day.

The Ogbins have retained an attorney, who intends upon filing a suit against Gloucester County and those who run the facility. A police report was filed on Wednesday, July 1, 2009 and the matter is being investigated by the East Greenwich Police Department. No charges have been filed.

The Terry Law Firm is experienced in handling cases of nursing home abuse. Please contact us with any questions or concerns at (888) 317-2525 or visit us on our website at www.nursinghomejustice.com.

Kitty Wright, 92, was a resident of Goldfinch House, a nursing home in Bridgeton, New Jersey, in 2007. She developed an infection and had to be taken to the hospital for evaluation. When it was time for Ms. Wright to come home, the facility refused to accept her.

Without ever evaluating Ms. Wright's condition, the facility alleged she was a fall risk and would not let her come home. She went to Salem County Nursing & Convalescent Home and died five months later. Her niece, Karen Barry, said that Ms. Wright was very unhappy prior to her death. Wright had depleted her life savings of $111,000 in less than three years at Goldfinch House and was moving to Medicaid, which reimbursed less. Barry said, "It was okay for her to be a fall risk on private funds, but not OK for her to be a fall risk on Medicaid funds."

Joan Kohlbrenner moved to Granville House, an assisted living facility in Burlington Township, New Jersey and thought she would spend the rest of her life there. The facility assured her that once her savings were depleted that she could apply for Medicaid and remain at the facility. Now, after three years and more than $100,000, Ms. Kohlbrenner faces possible eviction from the facility because the facility is no longer accepting Medicaid residents.

These families are not alone. According to a state study, dozens of residents have been forced to move from the eight New Jersey facilities run by Assisted Living Concepts once they converted to Medicaid. The company changed its policy when it was purchased in 2006, but according to the report compiled by the state Public Advocate's office, "facility administrators inexplicably continued to reassure residents and their families over the next two years that conversion (to Medicaid) would occur - causing them to spend even more of their dwindling resources - only to find that the facility (would) not allow conversion."

Assisted Living Concepts operates 216 assisted-living facilities in 20 states with the capacity of more than 9,000 residents. The company's decision to evict residents converting to Medicaid has caused problems nationwide.

On Thursday, April 16, 2009, New Jersey State Public Advocate's Ronald Chen said, "The bottom line is that ALC pursued a policy of keeping elderly residents until they drained their life savings - and they did it as part of a corporate strategy designed to extract the company from doing business with Medicaid and to drive out low and moderate income residents."

State officials are fighting to keep residents in facilities. Assisted Living Concepts was fined $66,000 by the Department of Health and Human Services for trying to evict Lille Hitchner from Lindsay House in Pennsville, New Jersey once she converted to Medicaid. The fine was only lifted after the company agreed to let her stay. The state Department of Health and Senior Services has vowed to fine the company again if they attempt to discharge a resident due to Medicaid converstion.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us with any questions or concerns at 1 (888) 317-2525 or visit us at www.nursinghomejustice.com.