Nursing Home Abuse & Neglect

Published on: May 20, 2024

Feds Target Overuse of Antipsychotic Drugs in Nursing Homes

Medicare warnings to nursing homes that are believed to engage in the overuse of antipsychotic drugs among their residents can help reduce these dangerous practices.

Some of the common medications that can be used on nursing home residents include quetiapine which is often used to help treat symptoms of anxiety, hallucinations and delusions among persons suffering from dementia. Research suggests that as many as one in every 7 nursing home residents is prescribed the drug. While the drug can be helpful in controlling the symptoms, it is not without its side effects which include kidney injury, heart failure and an increased risk of strokes and blood clots. According to one study, long term use of quetiapine is associated with a 62% increased risk in kidney damage and a 27% increase in heart failure risks. These residents may also have a 65% increased risk of suffering a stroke. Bone fractures are also another huge risk with an estimated 43% increased risk among patients on quetiapine.

Officials at the Centers for Medicare and Medicaid Services are currently investigating an increase in the use of antipsychotic medications at some nursing home facilities across the country. As part of the investigation, the agency found that more than 5,000 doctors were aggressively prescribing medications to patients at several facilities. More than 80,000 patients were receiving these medications.

Published on: May 17, 2024

Biden Administration Sets Minimum Nursing Home Staffing Requirement

by Robert N. Katz, Esq.

Understaffing at nursing homes is a primary cause of abuse and neglect at these facilities. The White House has moved to tackle such neglect by imposing a minimum staffing requirement on nursing homes.

In the final version of the new rule, the Biden administration has clarified that at least one nursing staff member should be present in a nursing home 24 hours of the day. The rule also requires these facilities to have enough staff members to provide at least 3.18 hours of care for every resident in a facility in a day. The rule also includes a requirement for nursing home facilities to properly assess the health needs of every single resident in their facility, to help speed up the diagnosis and treatment of sicker residents.

In September, the administration invited comments from the public about the proposed new rule, and received more than 48,000 comments from the public. These comments involved residents who had been forced to lay on the floor for a long time after falling down because staff was not available to attend to them, and older residents who had to sit in their own filth for hours without being cleaned up. Other comments said that residents were often not fed on time, leading to malnutrition. All of these cases of neglect are the direct result of understaffing at nursing homes, a serious problem that has worried the federal administration for decades.

Published on: March 15, 2024

Staffing Shortages, Infection Control Issues Plague Nursing Homes

by Robert N. Katz, Esq.

Many nursing homes in the United States continue to face staffing shortages and struggle with controlling infections in their facilities. Both issues present serious health and safety concerns for residents. Unfortunately, neither challenge is easily addressed.

According to a new report, many nursing facilities in the United States continue to have problems with retaining staff and struggle with low staffing levels. The report was released by the Inspector General’s Office at the Department of Health and Human Services and states that high levels of employee attrition rates, huge employee turnover and employee burnout are to blame for many of these staffing shortages.

Many nursing facilities now grapple with the challenges of not just losing experienced employees, but also training fresh hires to meet federal standards. Lower numbers of staff members on roll or fewer trained staff members mean a higher risk of abuse and neglect at these nursing facilities. Many experienced workers fled the industry during the pandemic when nursing homes were found to have the highest levels of Covid-19 infection rates, and most nursing homes that lost large numbers of workers are still struggling to meet the shortfall. Recruitment and staffing firms that supply workers to these nursing homes are also charging higher rates than earlier, putting more pressure on the facilities.

Published on: October 10, 2023

Poor Dental Care Affects Health of Nursing Home Residents

by Robert N. Katz, Esq.

Poor dental health, including bleeding gums and cavities have long been known to be a risk factor for general health. A new study finds that far too many residents of nursing homes in Georgia and across the country suffer from poor dental care that also risks their health.

Good oral hygiene and health is essential not just for the average person but also, and especially so, for the elderly. Gum infections, for instance, can cause germs from the infection to travel into the person’s blood stream. It is well documented that the transmission of these germs in the bloodstream can cause heart disease and also increase the risk for other conditions. Additionally, cavities and other types of conditions can make it difficult for a person to chew food properly, placing him at risk of malnutrition. This can have serious consequences in the case of an elderly person.

The study was conducted by dental officers at the Centers for Medicare and Medicaid Services. As part of the study, the researchers focused on the oral health of elderly residents at nursing homes certified with the Centers for Medicare and Medicaid Services. According to the study, as many as 20% of all elderly nursing home residents suffer from missing teeth. While missing teeth or missing tooth fragments was the most widely reported oral health condition, many residents also reported pain and difficulty while chewing, teeth cavities, and broken teeth. The study found that 8% suffered from cavities while 11% reported pain while chewing. Other common problems included damaged or broken dentures and gum infections, typically accompanied by bleeding and inflammation.

Published on: October 2, 2023

Federal Government Proposes Increased Nursing Home Staffing Standards

by Robert N. Katz, Esq.

The U.S. Department of Health and Human Services (DHHS) recently announced a proposed rule that would set minimum staffing requirements for nursing homes across the country. Regulators believe that this would help increase standards of care for the elderly and sick at these facilities, and prevent nursing home neglect. Unfortunately, low standards of care often result in falls with fractures, decubitus ulcers (bed sores), amputations and wrongful death.

There are currently more than 1.2 million people who are cared for at one of the country’s 15,000 nursing homes. The standards of care for all these patients would be directly impacted by the new regulation. The US Department of Health and Human Services says that the rule would, for the first time ever in history, propose a minimum staffing requirement for nursing homes. Poor staffing and poorly trained staff is often the main reason persons in nursing homes suffer abuse and personal injuries.

This would include a requirement that the facility have a registered nurse on staff 24 hours a day, every single day. It will also require and set a minimum standard of 3 nursing hours for every resident at the facility. That includes 0.55 hours of care per registered nurse per resident per day and 2.45 hours of care by a nurse aide per resident per day. In addition, nursing facilities may also be required to provide more than the minimum staffing requirements in case of specific patient needs.

Published on: August 25, 2023

Nursing Homes Used Alarmingly Low Levels of Covid-19 Medications on Residents Creating the Potential of Malpractice Claims

by Robert N. Katz, Esq.

Even though the elderly are at risk of major complications from Covid- 19, most nursing homes around the country used alarmingly low levels of antiviral drugs that are proven to fight symptoms of the deadly disease on their residents, during the pandemic. The failure to use appropriate medications could lead to a larger number of malpractice claims.

While the Covid- 19 pandemic ravaged large portions of the metro Atlanta region, especially in the above-65 age category, efforts were made to deliver more life- saving antiviral medications to these sections of the population. Use of the antiviral drugs was higher in nursing homes than in the general community. However, a new study finds that a large number of nursing homes administered very low levels of the drugs.

In fact, shockingly, the study found that as many as 40% of nursing homes did not use antiviral drugs as of the end of 2022. The use of antiviral drugs in these facilities was low even as the pandemic gathered steam, and continued to remain low even after the medications were approved as oral drugs. In fact, according to the researchers, residents with Covid- 19 in only about 18% of the nursing homes were treated with antiviral medications.

Published on: July 8, 2023

Nursing Home Abuse Prevention Checklist for Families

by Robert N. Katz, Esq.

This June, elder advocate organizations around the country are calling for a focus on the rights of seniors, and the prevention of abuse and neglect involving elderly persons, millions of who live in nursing homes.

On June 15, elder organizations across the world including the World Health Organization at the United Nations will mark World Elder Abuse Awareness Day to raise awareness about the risks of abuse, exploitation and neglect involving seniors. Events and commemorations are being planned for the special day across the world, including the United States where more than 50 million people above the age of 65 currently live. Out of these, close to 1.5 million people live in nursing homes, and a million more live in assisted living facilities.

For families, the decision to place a loved one in a nursing facility or an assisted living facility is never an easy one. It is, unfortunately, the only option available for many people who often find themselves worried and anxious about the safety and care of their loved ones in these facilities. The fact that so many nursing homes in the United States have questionable standards of care at best is definitely a concern for families looking for a facility.

Published on: July 3, 2023

Study Finds Race – Based Differences in Nursing Home Data on Fall Accidents, Bedsores

by Robert N. Katz, Esq.

A study published recently finds race -based differences in how nursing homes report fall accidents and pressure ulcers involving residents on their premises. These differences could make it difficult for families of elderly persons looking for reliable nursing homes for their loved ones.

The results of the study were published recently in the JAMA journal. The researchers set out to compare nursing home characteristics with the reporting of bed sores -also known as pressure ulcers – and fall accidents in specific nursing homes. The researchers found to their dismay that the federal website that contains information about specific accidents and injuries in nursing homes actually underreports data on fall accidents and pressure ulcers.

Much of the difference in the reporting also seems to be based on race. Nursing homes that have predominantly white residents are much more likely to report high numbers of fall accidents compared to pressure ulcers, and are also much more likely to report fall accidents more accurately. Similarly, nursing homes with majority black residents are much more likely to report a higher incidence of pressure ulcers compared to fall accidents. Predominantly black facilities are more likely to report pressure ulcers more accurately. Overall, the researchers say the better your reporting on fall accidents, the lesser your likelihood of reporting bed sores.

Published on: February 8, 2023

Feds to Probe Abuse of Antipsychotics in Nursing Homes

by Robert N. Katz, Esq.

The federal administration has announced that it will soon launch an investigation of the wrongful use or overuse of antipsychotic drugs on patients in nursing homes.

The administration has long been investigating the misuse of antipsychotic sedatives, including those that are typically prescribed for nursing home patients who do not require these drugs at all. In too many cases, investigators have found nursing homes wrongly classifying certain patients as schizophrenic so that they may be prescribed antipsychotic sedative drugs. The administration has also found several nursing homes engaging in these practices and wants to understand whether these practices are widespread in the industry. The Centers for Medicare and Medicaid Services believes that the problem is a prevalent one, and that its scope has not been fully investigated. Therefore, it has now announced that it will soon launch an investigation of such practices in the nursing home industry.

Schizophrenia is a psychotic disorder that is characterized by symptoms that include delusions, hallucinations and other symptoms. Antipsychotic drugs are often used to treat patients with schizophrenia. Side effects of these medications can include death. It is estimated that less than 1% of the American population suffers from schizophrenia. However, more than 99 nursing homes classify as many as 20% of their patients with schizophrenia. That is a disproportionately large percentage of nursing home residents who are being diagnosed with this condition, relative to the American population with schizophrenia. In other words, the math simply does not add up here.

Published on: September 6, 2021

Majority of Georgia Nursing Homes Uninspected for 16 months

by Robert N. Katz, Esq.

An overwhelming majority of Georgia nursing homes have not been inspected since 2020. According to a report by the U.S. Department of Health and Human Services Office of Inspector General, the state currently ranks at the bottom of the heap when it comes to conducting inspection surveys of nursing facilities.

Across the country, most states were unable to inspect nursing homes to ensure that these were in compliance with safety and hygiene protocols last year. Unfortunately, this has resulted in backlogs across the country. However, the situation is dire in Georgia. In our state, the backlog has meant that most nursing homes have not been subjected to inspections. In fact, nearly 93% nursing home facility have not been subjected to inspections in 16 months. Only one other state fares worse than Georgia in this regard.

Typically, nursing homes are subjected to inspections at least once every 15 months, and these inspections are conducted through survey teams that are sent into the nursing facilities. The Centers for Medicare and Medicaid Services is asking states to resume the process of inspections and re-certifications of facilities without further delay.