Roanoke Personal Injury Lawyer - Nursing Home Abuse and Neglect

Residents Lose When Corporate America Buys Nursing Homes

Dan Frith — Tue, 25 Mar 2008 06:23:59 GMT

There is a disturbing trend sweeping the American landscape for nursing homes. The era of small facilities run by a single family and operating out love and concern for the frail and elderly is long gone. Today, your mother's nursing home is probably part of a 20 or 30 facility chain. The corporate owners live in another state and there primary concern is making money...not taking care of your mother...and the trend is getting worse! Taken together, Manor Care, Beverly Enterprises, Kindred Healthcare, and Genesis Healthcare own over 1,000 nursing homes providing more than 130,000 beds.

An increasing number of large, privately held, corporations and investment companies are buying nursing homes. Their first acts are to reduce staff, cut crucial budgets, and make other cost-cutting decisions which negatively affect patient care. Why? To increase the profits!

These investment companies either own, or have offered to purchase, 6 out of the 10 largest nursing home chains in the country. This is a bad sign for America's elderly!

Originally posted at InjuryBoard by Dan Frith

Feeding Tubes Offer Little Benefit

Dan Frith — Fri, 21 Mar 2008 06:56:02 GMT

We often see recommendations for the use of a feeding tube (PEG tube) from Medical Directors at nursing homes for residents who have difficulty eating and swallowing. Granted, an individual cannot long survive without adequate nutrition and hydration. However, the use of a feeding tube is often used as a substitute for an insufficient number of feeding assistants or nursing aides. By recommending feeding tubes, the nursing home keeps its payroll costs down...and its profits up!

Families now have medical literature and authority that feeding tubes offer little benefit to these types of residents.

A January 2008 article from the Journal of the American Medical Directors Association refutes the effectiveness of feeding tubes. Before discussing the article, keep in mind that the Administrator of your nursing homes is probably a member of the American Medical Directors Association...so don't let him/her tell you the article is not important!

The article notes that use of feeding tubes is widespread in the United States. But what is important is that there is little evidence to support the argument that the use of feeding tubes reduces the risk of death. Further, there is little to no evidence that feeding tubes reduce the risk of aspiration pneumonia, pressure sores, or infection.

The final point is this: If someone is recommending that a feeding tube is appropriate for your loved one...better make sure the facility is not just taking the easy (and more profitable) way out!

Originally posted at InjuryBoard by Dan Frith

The Nursing Home Industry is Buying Tennessee

Dan Frith — Thu, 20 Mar 2008 06:13:00 GMT

Why does the state of Tennessee spend $1.2 billion for long-term care? That amount is 98 percent of the Tenncare (Tennessee's equivalent of Medicaid) budget, which ranks Tennessee last nationally in its funding mix of nursing homes versus home and community-based care, according to the TennCare Bureau. Why? Do you think money could be at the root of such spending?

How did Tennessee get on the "trailing edge" of long term care? Advocates pointed to the powerful nursing home industry in Tennessee when asked how the state itself shifted to spending 98 percent of its long-term care dollars on nursing homes. Tennessee's nursing home industry contributed $376,800 to the campaigns of current members of the General Assembly from 2004-2008, according to the combined political action committee disclosures of the two leading nursing home interests -- the Murfreesboro-based National Health Care Corp. (NHC) and the industry's lobbying organization, the Tennessee Health Care Association (THCA).

Besides campaign contributions, NHC and the THCA spends hundreds of thousands of dollars on lobbying-related expenditures. From Oct. 1, 2006 to Sept. 30, 2007, the THCA spent between $400,000 and $500,000 on employing its 13 lobbyists, according to state records. NHC spent between $75,000 and $150,000 for its six lobbyists during the same time period.

Boy...money sure does talk! If only they would spend that money on treating pressure ulcers, decubitus ulcers, and to prevent dehydration and malnutrition!

Originally posted at InjuryBoard by Dan Frith

FALLS

Lauren Ellerman — Tue, 11 Mar 2008 11:35:20 GMT

In 2 years, I have read about, or known families who have suffered the following:

Loved one falls and breaks neck while in shower room, unattended

Loved one falls down two flights of stairs, while strapped into wheelchair

Loved one falls while eloping from nursing home, out front door, and to the parking lot

Loved one falls down back stairs of nursing home, after leaving "locked" exterior door

Loved one falls out of bed and is strangled to death by bed rail

Loved one falls 15 times in 4 weeks at nursing home, fracturing both hips

Loved one is dropped from Hoyer lift, fractures both femurs

Loved one falls during physical therapy, post stroke, making further therapy difficult

Falls can be a very scary part of a long term care facility stay - and NO, they are not to be expected, or normal. Do something about them - and contact our office to find out what can be done!

Originally posted at InjuryBoard by Lauren Ellerman

Over medicating dementia residents~!

Lauren Ellerman — Mon, 10 Mar 2008 11:20:37 GMT

We hear about it all the time - over medicating dementia patients. Why? To curb combative behavior? Make them easier to control? It is a sad state when an elderly person is given anti-psychotic medications, before an exam is done to determine what other problems would cause aggressive behavior.

In Minnesota, nearly 8 percent of people 80 and older are given anti psychotic drugs -- six times the general population -- the Minnesota Council of Health Plans reported last month.

I have seen elderly patients with dementia committed to state mental hospitals, because technically, they are "unable to care for themselves" due to "mental illness."

The system needs to be re-worked, and the last resort should be strong medications like HALDOL or SEREOQUEL - not the first resort.

If your loved one has been over-medicated, take a stand - and get them off the meds!

Originally posted at InjuryBoard by Lauren Ellerman

Nursing Homes and Chemical Restraints

Dan Frith — Sun, 02 Mar 2008 06:55:45 GMT

Most people are familiar with physical restraints. These safety devices include bed rails, lap buddies, Geri-chairs, and wrist restraints. These devices are used to prevent injury to the resident or others. But what about "chemical restraints?" Have you ever heard of them?

Chemical restraints are medications used by the nursing home to "control" active residents. They are psychotropic medications which affect brain activities associated with mental processes and behavior (also called "psychoactive" or "psychotherapeutic"). The trade names include: Elavil, Wellbutrin, Norpramin, Adapin, Sinequan, Prozac, Tofranil, Pamelor, Paxil, Nardil, Zoloft, Dalmane, Librium, Valium, Klonopin, Doral, Paxipam, Ativan, Serax, Xanax, Restoril, Ambien, and Halcion.

An Administrator or Director of Nursing will use these medications when faced with a resident who wanders around the facility or who requires regular attention from staff. In short, it is easier and cheaper to medicate the resident than to hire sufficiently trained staff to take proper care of the resident.

The serious down-side to these medications is that the resident becomes a Zombie! They sleep most of the day, brain function slows, they become very inactive and remain in bed or in their wheel chair for most of the day, and they become depressed and stop eating and drinking! In sum, they cease to be an active, thinking human being!

These medications require a physician's order. If your loved one is taking one of these medications, meet with the doctor and get a good explanation as why they are needed, and ask if more staff on floor of the nursing home is a better solution.

Originally posted at InjuryBoard by Dan Frith

Nursing Home Transparency and Improvement Act

Dan Frith — Mon, 25 Feb 2008 10:24:12 GMT

A controversial new law endorsed by Republican Sen. Chuck Grassley and Democrat Sen. Herb Kohl seeks to force nursing homes to provide more information about ownership and accountability. The Act would force nursing homes to file paperwork clearly stating ownership--something that has become increasingly complicated for outsiders to figure out, as private investment groups have bought up nursing homes and enveloped them in complicated legal structures. The opaque ownership makes it difficult for regulators to identify parties responsible for poor care and, more to the point, shields owners from potential lawsuits.

Guess who is opposed to greater transparency in the operations of America's nursing homes?

The American Health Care Association, the group which represents for-profit nursing homes, is pledging to fight the bill. President Bruce Yarwood concedes that corporate structures are complex and argues that the AHCA's opposition is with good reason: Frivolous lawsuits, he says, are forcing nursing homes to close their doors. "We're trying to move away the low-hanging fruit for enterprising attorneys to sue us,"
Just who is the "low-hanging fruit?"

Is it the disabled elderly resident who can no longer care for himself/herself?

Is it the poorly run and under-staffed facility which provides poor care to its residents?

Either way...this is typical of the outrageous comments/philosophies of the nursing home industry.

Originally posted at InjuryBoard by Dan Frith

CONFUSED? Ask for policies

Lauren Ellerman — Thu, 21 Feb 2008 13:51:10 GMT

Not sure how often the nursing home physician is supposed to come by?
What about medications - is that the job of the CNA, MedTech or Nurse?
Want to know who to complain to, and how to do it?
ASK FOR THE FACILITY POLICIES AND PROCEDURES. Ask for all of them, and then, remind the staff of what needs to be done according to their own policies.

Policies are usually pretty good - have a whole bunch of good ideas on how to provide better care. Sad part, is that they are rarely looked at or followed. I would want a copy though, if I were you!

Originally posted at InjuryBoard by Lauren Ellerman

Want to Rate a Nursing Home?

Dan Frith — Sat, 16 Feb 2008 06:34:42 GMT

We deal with calls all the time from ordinary people who do not know which nursing home is best for their loved one. We try to spend time with each caller and provide a checklist of items to consider.

Those important items include:

1. Staffing ratios - does the nursing home have enough nurses and aids to take care of its residents?

2. What is the facility's history of violations of health regulations?

3. How clean is the facility

I also want to pass along a new web site where individuals can "rate" their local nursing home. Check out Senior Decision.

Originally posted at InjuryBoard by Dan Frith

I can hardly believe how awful this one is!

Lauren Ellerman — Fri, 15 Feb 2008 14:13:33 GMT

If I hadn't read medical records from the victim of sexual assault in a long term care facility, I wouldn't believe it possible.

Out of Ohio, staff assaults residents - physically and sexually, and other staff do nothing about it!

"Nursing home worker John Riems had a temper and spent long periods in patients' rooms with the doors closed, neighbors and former co-workers say, troubling observations that have suddenly taken on a sickening weight.
"We've had several residents, they don't want him touching them, they don't want him in their room," said Cynthia Wilson, a 47-year-old nurse's aide who said she worked with Riems for more than 20 years at several nursing homes. "A lot of them would refuse their meds just to keep him out of their room."

Riems, 49, is charged with raping a paralyzed patient at the home where he was a night-side nurse, and police say he claimed to have attacked scores of others -- so many that he couldn't recall them all."

Riems told police he had abused almost 100 patients since 1985, at up to 10 nursing homes, but could remember specific information on only about two dozen patients, Perkins Township Police Chief Tim McClung said after Riems pleaded not guilty last week to charges of rape and gross sexual imposition.

He could face more charges, McClung said.

I am so saddened when I think of the 100 victims, unable, or unwilling to express their pain - and how this man just kept harming so many.

Originally posted at InjuryBoard by Lauren Ellerman