Articles Posted in Nursing Home Abuse & Neglect

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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.

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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.

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The ongoing debate on increasing the federal minimum wage could have unexpected, but welcome, consequences, like the enhancement of care available at the nation’s nursing homes. That could, in turn, mean fewer cases of abuse and neglect of residents at these facilities.

At many nursing homes in Georgia, poor care and even abuse of residents is often linked to understaffing and high rates of staff turnover. Many nursing homes see high staff attrition rates, and in most cases, staff members choose to move jobs when there is a higher pay scale promised. These high staff turnover rates are part of the reason for the devastating effect of the Covid-19 pandemic on these nursing homes.

When the pandemic raged across Georgia, residents in nursing homes were some of the earliest victims. Higher rates of staff turnover meant that many of these nursing homes were understaffed. Fewer staff members meant lower adherence to social distancing protocols of the type that would have helped prevent nursing home residents from infecting each other. Fewer number of staff members also discouraged stronger adherence to the kind of sanitation protocols that would have prevented the spread of infections via contaminated surfaces and objects.

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Nursing homes that have lower rankings by federal agencies have been much more likely to have resident deaths related to Covid-19.

According to the director of the Centers for Medicare and Medicaid Services, nursing homes ranked low by the agency’s nursing home ranking tool have seen higher numbers of Covid-19 deaths, compared to nursing homes that were ranked higher by the ranking tool.

This information provides valuable input for families who are looking for nursing homes for their loved ones in a post -pandemic world. By now, it’s clear that many nursing homes were ill-equipped to handle the patient care challenges resulting from the pandemic. Understaffing is a chronic problem in nursing homes across the country, and has already been blamed for the explosion of cases in nursing homes.

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Nursing homes that have lower rankings by federal agencies have been much more likely to have resident deaths related to Covid-19.

According to the director of the Centers for Medicare and Medicaid Services, nursing homes ranked low by the agency’s nursing home ranking tool have seen higher numbers of Covid-19 deaths, compared to nursing homes that were ranked higher by the ranking tool.

This information provides valuable inputs for families who are now looking for nursing homes for their loved ones in a post -pandemic world. By now, it’s clear that many nursing homes were ill-equipped to handle the patient care challenges resulting from the pandemic. Understaffing is a chronic problem in nursing homes across the country, and has already been blamed for the explosion of cases in nursing homes.

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All throughout the country, nursing home residents have been one of the hardest hit groups of the Covid-19 pandemic.  The same deadly results have been seen in Georgia as well.  According to estimates, as many as 50 percent of the fatalities in the state have involved residents of nursing homes.

The Georgia Department of Community Health recently released Covid-19 fatality numbers and the results are frightening. The data suggests that more than 6,000 residents and staff members of nursing homes in Georgia are currently infected with the virus. About 350 facilities in the state are currently grappling with the outbreak. About 20 percent of all Covid-19 cases in Georgia have occurred in nursing homes and 659 deaths have been linked to nursing homes.

The picture is even bleaker in the rural parts of Georgia.  The virus, which was earlier believed to be confined to urban areas, has spread with staggering speed in rural areas.  These counties, with predominantly poor or African American populations have been affected disproportionately by the outbreak, and nursing homes in these regions have seen an alarming spike in death tolls.

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Throughout the nation, the population of those age 65 and older continues to rise.  In fact, as the baby boomer generation continues to age, it is projected that the number of older people in the U.S. population will be greater than children in just a couple of decades.  In Georgia, the population of those 65 and older is projected to constitute over 65% of the state’s population by 2030.

With the rise of the aging population, more and more of these individuals are now living in nursing homes.  However, statistics show that many of these residents suffer from poor and neglectful care, and other abuse.  Residents of for-profit nursing homes are more likely to be subjected to poorer care standards, compared to residents of non-profit facilities. A new report confirms that for-profit nursing home residents have increasing rates of suffering injuries resulting from neglect than those living in other residential arrangements.

The researchers found that seniors over the age of 60 who lived in private community residences were most likely to be well cared for. They found more signs of neglect among residents of for-profit nursing homes.  Some of these cases included serious signs of neglect such as extreme dehydration and stage 3 and stage 4 bedsores. These residents were also more likely to suffer from the effects of mismanagement of their feeding and medication schedules.  The neglect also involved malfunctioning or broken feeding tubes, broken catheters and overall mismanagement of chronic health conditions which are prevalent in the nursing home population.  Numerous lawsuits are filed nationwide against nursing homes and assisted-living facilities for failure to provide adequate care and safety measures.

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Georgia residents are overwhelmingly opposed to a bill that would restrict their access to medical malpractice damages. They’re also strongly in favor of holding nursing homes accountable for the neglect and abuse of residents.

Those are the results of a new survey conducted by the Public Policy Polling Institute, which found that residents across seven states are overwhelmingly in opposition to HR 1215. The recently introduced bill seeks to limit noneconomic damages available in cases involving medical malpractice and nursing home abuse. The bill would also cover any damages from lawsuits related to malfunctioning or defective medical devices, as well as pharmaceutical company drug-related lawsuits.

The Public Policy Polling survey specifically focused on residents living in seven states:  Florida, Georgia, Texas, Alabama, Pennsylvania, Utah and Arizona. These are states that are either red (Republican) or purple (have voted Republican or Democrat in the past few years). Typically, voters who live in red or purple states favor restrictions on medical malpractice damages.

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When a loved one has suffered abuse or neglect in a nursing home, you must step in and ensure that he or she is protected. It is also important to begin the process of filing a claim to recover compensation for the damages that your loved one has suffered.

Holding a nursing home liable for damages is tricky. You must provide evidence that abuse or neglect did occur, and that the facilities conduct resulted in physical or emotional injuries. Basically, when you file a legal claim against a nursing home, you must be able to prove certain key elements, including:

· The nursing home owed a duty of care to your loved one.

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Among the various types of abuse that occur in nursing homes, the most difficult to identify is sexual abuse. Although cases of rape and sexual abuse in nursing homes are rarer than cases of physical abuse, there is no denying the fact that sexual abuse leaves behind long-term psychological and emotional scars that can be even more difficult to heal from than physical injuries.

The elderly are easy victims of sexual abuse, because they often feel ashamed of the abuse and unable to confide in their family about what has transpired. Furthermore, they may feel intimidated or threatened by the perpetrator. All of these things make it difficult for family members to identify abuse.

To determine whether your loved one has been the victim of sexual abuse, look for signs of changed sexual behavior in your loved one. Don’t ignore any signs of sexual promiscuity, suggestive behaviors, or odd behavior.

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