Nursing Home Abuse & Neglect

Published on: January 30, 2014

Alarming Increase in Spinal Cord Injuries across U.S.

According to a new study conducted by researchers at Johns Hopkins University, the number of traumatic spinal cord injuries recorded in the United States is on the increase. Another major change that the research showed is that the primary cause of serious spinal cord injuries in the United States is no longer automobile collisions, but slip and fall accidents.

The Johns Hopkins research analyzed a total of 43,137 adults who received treatment in hospital emergency rooms after suffering a spinal cord injury. These adults were treated for their injuries between 2007 and 2009. The researchers found in their analysis that the incidence of spinal cord injury in the 18-64 age group ranged from 52.3 injuries per million in 2007, to 49.9 million in 2009.

While that constituted a drop in the number of traumatic spinal cord injuries that were recorded in this age category, there was an increase in the number of spinal cord injuries recorded among older citizens. In the 65 and above age group, the number of spinal cord injuries actually increased during the study period. These injuries increased from 79.4 injuries per million adults in 2007, to 87.7 injuries per million adults in 2009.

Published on: March 22, 2012

Nursing Home Resident Killed in Fight, Nursing Home Abuse Lawsuit Likely

by Robert N. Katz, Esq.

A state report blames a nursing home that failed to supervise two residents who had a history of altercations with each other, for a fatal fight that killed one of the residents.Unfortunately, nursing home abuse situations often arise due to inadequate supervision of residents and/or inadequate training of staff to evaluate the potential for resident-on-resident attacks. As nursing home abuse attorneys know, these attacks can often turn deadly.

Atlanta nursing home abuse lawyers have known for a long while that Georgia struggles with providing a safe environment for nursing home residents.In 2002, a report by the American Medical Association found that nursing home abuse problems in Georgia were at crisis levels.In fact, during this period of time, nursing home abuse claims in the state rose not just in frequency, but also in the severity of injuries involved.

Often, elder abuse in nursing homes can be traced to a shortage of staff.Many nursing facilities deal with low reimbursement rates by cutting back on staff numbers, and therefore, eroding the quality of care.As a result, there are fewer numbers of staff members to pay individual attention to senior residents, many of who are in delicate health.

Published on: February 4, 2012

ProPublica Exposé Reveals Nursing Home Abuse Related Deaths Rarely Investigated

by Robert N. Katz, Esq.

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 likely to increase Due to Spike in Elder Abuse Across the Country

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: February 4, 2011

Difference in Perception May Increase Accident Risks among Elderly Drivers in Atlanta

by Robert N. Katz, Esq.

Elderly drivers in Atlanta may be plagued by a variety of health issues, like failing vision that can increase their risk of an auto accident. However, new research suggests that vision problems among the elderly may be much more complicated than simply failing eyesight. The study seems to suggest that the elderly have trouble seeing objects in the foreground, which increases the risk of an accident with pedestrians and bicyclists. Of course, pedestrian accidents and bicycle accidents generally result in extremely serious injuries.

The study was conducted at the University of Rochester, and found that older people have impaired activity in the medial temporal visual area of the brain. This part of the brain suppresses movement in the background, so that the person can focus clearly on objects in the foreground. In elderly people, this section of the brain may be impaired. They may find it easy to perceive movement in the background, but not so easy to see objects that are in the foreground. That is why Atlanta car accident attorneys so often find elderly motorists involved in accidents with pedestrians and bicyclists.

The researchers used a technique called Transcranial Magnetics Stimulation, which involved attaching a magnetic card to the subject’s head, and measuring the activity of the MT area of the brain. The MT area was stimulated using electrical signals, and the researchers analyzed how well the subjects in the study identified the movement of objects. They found that when the MT area of the brain was impaired, the person could readily and easily identify objects in the background.