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.

Forty-eight year old Rachel Mota, a former employee of Mimbres Memorial Hospital Nursing Home, pleaded no contest to unauthorized use of a credit card and faces similar charges in another county after she reportedly took the credit card of a nursing home resident.

Eighty-eight year old Eva Carriveau was hospitalized when she woke up during the night and found someone in her room. She asked what the person was doing and was told that she was straightening the room. Carriveau, who is hard of hearing and couldn't see, was unaware that her credit card had been stolen until she was billed in April 2009 for charges she couldn't possibly have made.

Mota faces three years in prison and approximately $6,000 in fines.

Richard Gerhardt was admitted to Laurel Canyon Nursing Home in Albuquerque, New Mexico on December 23, 2005, after suffering a broken femur. He was taken to Presbyterian Hospital on December 28, 2005 and died two days later. What happened in five days?

Mr. Gerhardt was allowed to lie on a bedpan for more than twenty-four hours on Christmas Day 2005. He laid on the bedpan so long that a horseshoe shape was seen on his posterior. The bedpan was on his back so long that it caused lesions that led to sepsis.

A state investigation revealed that the facility was "seriously" understaffed on Christmas Day. The lack of staffing led to the failure of the facility's safety checks and patient care required by the facility's own policies. Laurel Canyon faced charges of abuse of a resident resulting in substantial pain or incapacitation and neglect.

The case was prosecuted by the New Mexico Attorney General's Office as a Medicaid fraud on the premise that the facility received payment for services not rendered to Gerhardt. As the facility was found guilty and corporations cannot be incarcerated, the Judge will determine the facility's fine at sentencing.

The residents of Rosemont Assisted Living Community of Santa Fe seemed to be having a high number of resident falls. A high-number of patient falls tends to indicate that facility residents should not be in the assisted living facility, but rather in a nursing home. Long-Term Care Ombudsman Sondra Everhart tried to discuss her concerns with the facility's executive director, Charles "Joe" Massey, and the Director of Nursing, with no positive results. Massey didn't want to hear about it. Everhart said, "He didn't want us in the building. He didn't want an independent advocate, which is what we are." Massey allegedly told his staff "if you talk to the ombudsman, I will fire you".

Concerned, Everhart contacted the facility owners via mail and the company immediately fired Massey and the head of nursing. Facility staff members were then retrained and all residents were assessed to ensure they were in the right facility.