Nursing Home Abuse & Neglect

Published on: February 4, 2012

ProPublica Exposé Reveals Nursing Home Abuse Related Deaths Rarely Investigated

According to a new exposé by ProPublica, an unknown number of senior citizens who die in nursing homes around the country may have died due to nursing home abuse.However, their families may never know because investigations into such a wrongful death are rare. Nursing home abuse attorneys are well aware of the serious nature of the problem. When investigating these matters, we often find that the nursing home has been active in trying to cover up the abuse, rather than conducting an honest investigation which uncovers the issue and provides useful information to improving the care they provide.

As part of the exposé, the team at ProPublicainvestigated coroner and medical examiner’s office records, and looked at the number of sudden and unusual fatalities at several nursing homes.They found in their investigations that in cases involving seniors who die suddenly, or under any kind of suspicious circumstances, there is no guarantee of any investigation into the death.ProPublicahas reached several conclusions that point to systemic flaws.

For instance, when a senior death is reported as natural, coroners and medical examiners very rarely investigate it.However, the fact is that very often, doctors make errors in judging whether a death is natural or not.In one study conducted in 2008, approximately 50% of doctors were not able to correctly identify the cause of death for an elderly patient who had died after a brain injury that occurred as a result of a fall accident.What this means is that an unknown number of deaths in nursing homes are probably being classified as natural deaths, when they are anything but.

Published on: July 3, 2011

Atlanta Seniors at Higher Risk of Injury in Slip and Fall Accidents

by Robert N. Katz, Esq.

Seniors in Atlanta are at a high risk of suffering serious injuries in a slip and fall accident because of their age, gait, vision problems and a number of other factors.A new study conducted in the UK focuses on how a senior’s direction of gaze and walking style affects his risk of a fall accident.

The research is being funded by the Age UK, and is probing the link between vision and a slip and fall accident.Researchers are specifically looking at the theory that a person’s risk of a fall accident increases when he is looking straight ahead, and not down at obstacles that are in front of him.According to the research, older adults who look directly ahead at obstacles in the distance may be at a higher risk of a fall accident than those who look at obstacles in front of them.

Age UK is planning more studies into the prevention of fall accidents involving the elderly.Soon, the group will initiate a new study involving people over the age of 65.Researchers are currently looking for subjects who will participate in this new research.The research will involve a four-hour experiment during which the subjects must walk over a 7 m walkway.The participants will be required to take precise steps on a target marked on the road, as well as over a series of marked obstacles.While they walk, a number of variables will measured, including the participants’ eye and body movements.Saliva samples will be tested.Participants will also be surveyed about their experiences while walking.Through this study, the researchers hope to determine safer ways of walking for senior adults.

Published on: June 11, 2011

Focus on Elder Abuse Prevention In Georgia Today

by Robert N. Katz, Esq.

This week, elder safety groups and Atlanta nursing home abuse lawyers mark World Elder Abuse Awareness Day.The Georgia Department of Human Services is asking all people to wear purple on Wednesday to raise awareness about elder abuse.

This week, family health agencies and elder safety groups in Georgia are asking all citizens to look out for signs of elder abuse.

Signs of physical abuse of elders are easy to detect.

Published on: May 28, 2011

MARTA Bus Driver in Dragging Accident Incident Has History of Bus Accidents

by Robert N. Katz, Esq.

The MARTA driver, who was operating the bus involved in a dragging accident that left a 62-year-old woman seriously injured, has been involved in bus accidents earlier.The woman, Belinda McMillian has been fired since the accident, but records suggest that she had a history of bad behavior on the job. As an Atlanta personal injury attorney, I have too often seen companies fail to rid themselves of problem drivers.

According to her personnel file which runs into 420 pages, she once crashed her bus into a parked car, causing the car to hit another vehicle.In another incident, her bus clipped the mirror of another parked vehicle.Her personnel report also shows plenty of complaints from passengers about her abusive nature.

However last Sunday, McMillian outdid herself.The 62-year-old passenger, who uses a walker, had just gotten off the bus and turned around when she realized that she had left her purse on the bus.Her arm got caught in the closing doors of the bus.What happened next was a nightmare for the woman.McMillian continued to operate the bus, driving on, while dragging the elderly woman alongside the bus.The woman was dragged more than 60 feet, before witnesses got McMillian to stop the bus.When the bus stopped, McMillian opened the door at which point the lady fell on the road.Not bothering to check on the lady, McMillian simply drove off from the scene.

Published on: May 13, 2011

Nursing Home Residents At Risk from Overmedication

by Robert N. Katz, Esq.

A report by the Department of Health and Human Services finds that a shocking 80% of elderly nursing home residents in the country have been administered antipsychotic medications, for off-label purposes.Because these medications have a high risk of deaths, it is statistically likely that some of the patients died as a result of the use of these medications. The off-label use of these medications raises the likelihood of claims for nursing home abuse, medical malpractice and product liability. Atlanta injury attorneys will need to closely monitor the developments in this area and will likely get calls from families of patients who were treated with these medications.

According to the report, out of 300,000 nursing home residents studied in 2007, approximately 90% received powerful anti-psychotic medications that are typically used for the treatment of schizophrenia and bipolar disorder.There are studies to prove that elderly persons who receive antipsychotic medications can be at a high risk of death.In spite of this, these vulnerable persons were overmedicated, and there is no reason to believe that things have changed dramatically between 2007 and now.

Moreover, it seems highly likely that the pharmaceutical industry has been behind this overmedication of nursing home residents.One of the ways in which pharmaceutical companies increase their profits is by promoting off-label uses of their drugs.An off-label use of a drug is one which has not been approved by the Food and Drug Administration.Doctors can prescribe a drug for off-label uses, but a company is not allowed to market the drug for these purposes.

Published on: April 1, 2011

No Injuries Reported in Atlanta area Nursing Home Roof Collapse

by Robert N. Katz, Esq.

More than 100 residents of a nursing home in Gwinnett County, Georgia were moved to another facility last week, after the roof of their nursing home collapsed.Fortunately, the 109 residents did not suffer injuries during the collapse. As an Atlanta injury lawyer, I have seen a number of roof collapses that did not turn out nearly as well. When it comes to nursing homes, we are generally more focused on nursing home abuse issues.

According to news reports, the collapse occurred around 10 AM on Thursday at the Golden Living Center at 213 Scenic Highway in Lawrenceville.According to facility staff, workers were in the process of replacing the entire roof of the building when the collapse occurred.Apparently, the workers were engaged in removing and replacing roofing materials at the time of the collapse.The collapse occurred in the dining area of the facility.

Fortunately, none of the residents were in the dining area during the collapse.However, there could have been serious injuries if the collapse had occurred later in the day.Just a short while after the collapse, the residents were scheduled to spend some time in the dining area.The residents have now been shifted to other living facilities.

Published on: March 8, 2011

Nursing Home Malpractice Cases Increase Likely Due to Spike in Elder Abuse

by Robert N. Katz, Esq.

According to a federal report, an increase in elder abuse around the country threatens to put more pressure on an already strained adult protective services network. Likewise, this increase will likely cause an increase in nursing home malpractice cases. The report was compiled by the Government Accountability Office.A total of 39 states responded to the survey, which found that there was an increase in elder abuse cases, especially an increase in highly complex cases that involved several different forms of abuse.What is even more concerning to Atlanta elder abuse attorneys, is that even though there has been a spike in elder abuse cases, funding for adult protective services has not kept pace. As an Atlanta injury lawyer, I know that all attorneys are likely to be flooded with a significant number of nursing home malpractice claims.

The report also discusses the kind of person who is more susceptible to abuse.For instance, people with cognitive or physical impairment may be more susceptible to abuse.Elderly persons who have trouble bathing or feeding themselves and are dependent on others for such activities, may be at a higher risk of abuse.Elderly persons who lack social support, like a strong family network, were much more likely to be abused.

Besides, the report also analyzes the detrimental effects of such abuse on victims.For instance, a study conducted in 2,000 found that elder abuse victims had higher levels of depression, compared to elders who were not abused.Another study conducted in 2006 on elderly women in the Midwest found that women who were psychologically abused had more health problems than those who were not abused. Elder abuse also seems to decrease the lifespan of the victims.A decade-long study conducted between 1982 and 1992 found that only 9% of abuse victims were still alive in 1995, compared to 40% of elders who had not been subjected to abuse during the same period. The difference is just staggering and sad. We all must be aware and prepared to act when we see abuse.

Published on: August 22, 2010

Taking Away the Keys – Senior Motorists Need Encouragement to Give Up Driving

by Robert N. Katz, Esq.

The decision to step in and take action when you see an elderly motorist beginning to lose his driving abilities, is never an easy one to make.However, for millions of Americans in the position of caregivers for their parents, it’s a moment that presents itself sooner or later.

Studies estimate that elderly motorist safety is likely to become an even bigger safety concern in the years ahead, as the baby boomer population hits its 70s.According to the Insurance Institute for Highway Safety, in 2008, 78% of the senior population in the United States had driving licenses, compared to 73% just a decade earlier.Those numbers are expected to increase over the next decade.

It’s important for families of these motorists to know when to make the decision to suspend or restrict the person’s driving privileges.It’s also important to gently ease the person into giving up the keys, or at least present him with a set of alternatives to driving.Here are some steps you can take to keep your loved one and others safe.

Published on: March 30, 2010

Elevator Injuries Among Senior Citizens on the Rise

by Robert N. Katz, Esq.

Study Indicates Rise in Elevator Injuries Among Senior Citizens

Every year, thousands of elderly persons are injured in elevator accidents. That information comes via a study conducted by researchers at the Department of public health at the Indiana University School of Medicine. According to the researchers, elderly persons are likely to suffer slip and fall accidents, or get caught between elevator doors. Those are two of the most common ways senior citizens suffer injuries in elevators.

The researchers studied data from the Consumer Product Safety Commission between 1990 and 2006. They found that there were approximately 44,870 elevator injuries involving the elderly, during this period of time. The injuries were serious enough for the person to be admitted to the hospital. Fifty one percent of these injuries were caused by slip and fall accidents. The most frequently seen injuries were sprains, followed by fractures and cuts. Hip fractures were the most common injuries that required admission into a hospital. Most injuries involved women, and the risk of injuries increased with the age of the victim.

Published on: February 11, 2010

Two People Killed in Nursing Home in DeKalb County

by Robert N. Katz, Esq.

Two persons have been confirmed dead in a fire at a nursing home in DeKalb County. An arrest has already been made in the incident, and Atlanta nursing home abuse lawyers have also learned that the facility owner had likely been operating the home without a license.

The house in Stone Mountain had about 7 or 8 residents living at the facility.

One person died of injuries at the scene, while the other one was taken to hospital and died later from severe burn injuries. At least 4 other people suffered injuries, including mild burns and smoke inhalation. At least one resident has confirmed that he escaped burn injuries by jumping out of his first storey window.