Tag Archives: abuse

General Safety Issues, Health Issues

DANGERS OF NURSING HOMES – RESEARCH ALL FACILITIES BEFORE ENTRUSTING A STRANGER WITH YOUR PARENT

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GUEST BLOG – JOHN BISNAR, ATTORNEY

As our parents and grandparents age, we want to find the very best care possible for them.  With most people facing the dilemma of balancing work and elder care, it is impossible to do what we might really like to do:  keep our parents at home.  If one or both parents suffer from debilitating illnesses that require round-the-clock care, few people can afford to provide that care in the privacy of a personal residence.  Instead, more and more people turn to managed elder care in the form of retirement communities and nursing homes to provide the day-to-day care our senior family members need.

However, it is frightening to consider the statistics of nursing home injuries and deaths.  Over 30 percent of all nursing homes have experienced some form of abuse of the residence by staff members or other residents.  Only about 20 percent of abuse cases are ever reported.  This means that many instances of abuse or neglect are occurring every day in nursing homes across the country, and that family members and governing authorities are unaware of the majority of these incidents.  In those cases, an attorney should be contacted.

If you or someone you love has been the victim of poor treatment, neglect, or abuse at the hands of staff or residents of a nursing home or elder care facility, you do not have to remain silent.  An Orange County nursing home lawyer will be happy to talk with you about your case and determine the best course of action to stop, prevent, or recover damages due to the abuse.

Nursing home abuses range from minor inconveniences, such as forcing a resident to wait excessive periods for food or service, to major and deadly actions such as beating or withholding needed medication.  More than fifty percent of nursing home patients do not have close family members who visit regularly, so these seniors are often the target of severe abuse and neglect on the part of careless or unkind staff members.  Many of the staff employed by nursing homes are also severely overworked, with one nurse responsible for up to thirty patients.  Under these conditions, it is very easy for abuse or neglect to take place, and highly unlikely it will be reported.

What can you do to prevent your elderly loved ones from experiencing nursing home abuse and neglect?  First, stay visible.  It is important to visit on a regular, but not predictable, basis and observe carefully the conditions under which your loved one is kept.  Next, talk to your relative about his or her treatment in the nursing home.  Do not automatically discount any stories of bad treatment, but make assertive inquiries with the staff.  Often, knowing that someone is watching and interested is enough to deter any bad staff behavior.  Finally, if you know that someone you love has been mistreated in a nursing home, or if you yourself are the victim of nursing home abuse, contact an Orange County nursing home attorney immediately for a consultation.

Our thanks to John Bisnar, of the Law Firm of Bisnar & Chase.   Every elderly person deserves the attention and care that they would receive if they were able to safely live in their own home.  Many nursing homes and private care homes offer that type of service; however, too many of our little citizens fall into the category of questionable care.  As John mentioned above, one of the best ways to ensure their safety is to pop in as often as you can, and never at a regular time.  A visit to a family member or friend means so much to the residents that we all should do a better job of checking on them, and let them know we care.  I want to add one thing: if you suspect any abuse or other problem, go to the administration and speak up.   My concern is especially for the ones that have no one to stand up for them.  In that case, an Ombudsman or other representative should contact a local attorney.  Our parents took care of us; it’s our turn to see that they are taken care of.  This article is very important to anyone who is facing the decision of relocating their parents or grandparents or a loved one.

General Safety Issues

THERE’S NO EXCUSE FOR ABUSE!

I have always felt like anyone who could abuse a child, an older person, or an animal has no heart.  Yesterday, March 2nd, it took a very small man to stand up and talk about a very large problem: elder abuse.  Mickey Rooney, age 90, spoke before a Senate Special Committee on Aging, and described his experience of suffering from abuse for several years by his stepson and his stepson’s wife.  In February, Rooney won a restraining order against them, following claims that they were attempting to get him to sign over control of his assets, and leaving him fearing for his safety.  He said he had suffered in silence because he was embarrassed to admit this was happening to him, but has to speak out for millions of seniors who are suffering, as well.   Following the hearing, the committee chair, Senator Herb Kohl, introduced legislation that would create an Office of Elder Justice to help coordinate law enforcement response to chronic abuse of the aged. 

There are so many different ways that elderly persons can be abused:

  • Financial – unauthorized use of funds, property, misuse of personal checks, credit cards, accounts, stolen cash, household goods, forging signatures, identity theft, investment fraud, and phone scams, to name only a few.
  • Physical – use of force, restraints, hitting, shoving, inappropriate use of drugs, and confinement.
  • Emotional – verbal intimidation such as threats, yelling, ridicule.  Nonverbal psychological abuse such as ignoring, isolating them from friends or activities, terrorizing or menacing. 

An older person may begin showing signs of mental deterioration, but we shouldn’t dismiss this on the word of the caregiver or facility (if they are in a nursing home, etc.).  If there is tension between caregivers and the patient, it may be because something is going on that they are not able to tell anyone.  Watch for bruises, scars, broken bones, sprains, broken eyeglasses or frames, or signs of being restrained.  Older people may be being mistreated in their own home, the home of their children, a private care facility, hospital, or nursing home.  If you notice any of these signs, you must get involved.  An expert in this subject, who appeared on CNN News today, says that for every person that comes forward, there are approximately 23 that haven’t been heard about.  That’s a frightening statement. 

None of us are able to reverse our age – we are all headed in the same direction.  Hopefully, if we live to be 90 years old, our minds will still be as sharp as Mickey Rooney’s.  He was clear in what he had to say, and said it with a sincere heart.  Regardless of laws that are passed, there has to be something done at every level to improve the status of our elderly.  We as individuals can volunteer to visit them, substitute for a family caregiver who needs a break, or be an ombudsman for the elderly.  Every older person has a great story to tell; some may not remember what happened yesterday, but they can recount stories from their childhood and never miss a detail.  Many know every word to the old gospel songs, and sing them with great pride.  Don’t count the older generations out.  For those who still have their parents, treasure every moment.  They were there for you, and you should do the same for them.  You may not be able to take care of them, but you can find someone who will be responsible for their well-being and care for them in a loving way.  That’s all anyone can ask. 

In most states, the first agency to respond to elder abuse reports is Adult Protective Services.  Information and referral is also available from National Eldercare Locator at 1-800-677-1116.

General Safety Issues, Health Issues

HOW MUCH IS TOO MUCH WHEN IT COMES TO ABUSING PRESCRIPTION DRUGS?

This is a sad story of a tiny snowball that starts rolling down a mountain, growing larger by the minute.  It’s a story of the abuse of human beings who are given too many pain killers, powerful antipsychotic and anti-anxiety drugs.  Tragically, many of the patients are children, some under three years of age.  Many of these little ones have been through physical or mental stress in their short lives.  Prescribing drugs to toddlers is considered “off-label” – uses not approved by the federal Food and Drug Administration.  By the time the snowball reaches the bottom of the mountain, taxpayers, Medicare and Medicaid are the victims of  fraudulent prescription costs.   

According to a recent report by the Fort Worth Star-Telegram, $47 million worth of Medicaid prescriptions have been written over the past two years in Texas, by a  handful of physicians.  The top five doctors alone wrote $18 million worth.  In their report, based on sources such as the Texas Department of Health and Human Services, Texas Medical Board, U.S. Senate Finance Committee, and Medicaid vendor drug claim files, the following information represents these two sets of data.  These sets listed the top 10 Medicaid prescribers of antipsychotic drugs, such as Zyprexa, Abilify and Seroquel.  We won’t name names, but the #1 physician wrote 44,138 prescriptions that were filled at a cost of $6,370,005.  The next four doctors had written prescriptions costing from $4,643,626 to $1,996,043.  The top prescribers of drugs known as psychotropics, (referring to different types of mental-health drugs, possibly including antipsychotics,) given from 2005 or 2006 to 2009 totaled more than 120,747 by five physicians.  Many physicians have physician assistants that can write prescriptions under their name, and some clinics are probably included in these figures.  

If this is going on in Texas, how about all the other states, and who is paying the bill?  One news article stated that in Ohio, a physician wrote 102,000 prescriptions in two years.  Another doctor in Miami wrote almost 97,000 in 18 months for mental health patients.  Thirty-four states have a State Prescription Drug Monitoring Program.  There are statewide databases that collect designated data on dispensed substances and this information is housed by a specific statewide regulatory, administrative or law enforcement agency.  Data is distributed to individuals who have the authority under state law to receive the information for the purpose of determining if it is legitimate medical use of controlled drugs or identify and deter previous drug abuse.  The Drug Enforcement Agency is not involved in these state programs. 

Kaiser Health News and the Star-Telegram both have reported that Republican Senator Charles Grassley of Iowa is pressuring Health and Human Services officials to investigate why some physicians write massive amounts of scripts for tax-funded Medicare and Medicaid programs.  Prescription drug fraud in the U.S. costs an estimated $60 billion to $90 billion a year to these programs.  As it stands now, physicians in question may be sent before a medical review board or for education, which amounts to a slap on the wrist.   Our state has automated ways to check these records and catch overuse, incorrect dosage and misuse.  Each state should have some type of similar system.  But how do we stop them?  And what about the safety of patients who are given these huge doses of medications? 

For those who truly need help with mental or physical needs, we are grateful for medications.  Many times persons can be helped with therapy as well, and/or medicine.  Years ago, these powerful drugs did not exist, and we wonder how people overcame or coped with their problems.  Hopefully, they had the help and support of caring families and friends.   

Most of our doctors really care about us and want us to stay healthy.  Many are cautious about even over-prescribing antibiotics, because these meds eventually won’t help if given too often.  We appreciate physicians for their diligence, seeing us in the middle of the night in an emergency room, and upholding the oath they took when they became doctors. 

Hopefully, the Federal Health and Human Services officials will take action to remedy this fraudulent behavior.  They owe it to the taxpayers to do what is right and figure out a way to penalize those physicians who are abusing the system (and their patients).  A part of operating local hospitals or clinics require physicians or an oversight committee  to review patient’s records and determine if the care of each patient was appropriate.  This should be done on a regular basis.  It takes time, but is worth it to save someone’s life.  There must be a way to stop prescription fraud.   

Look at a map of the United States, and picture it covered with all those snowballs!

General Safety Issues

PRESCRIPTION DRUG OVERDOSE PREVENTION

It’s a sad fact that almost twenty per cent of Americans have used prescription drugs (mostly pain killers) for non-medicinal reasons.  Some prescription painkillers have now surpassed heroin and cocaine as the leading cause of fatal overdoses.  According to a report by the Baltimore Sun, “drug use accounts for billions of dollars per year in health care costs.  Drug overdoses rank second only to motor vehicle crashes as the leading cause of accidental death.”  Adverse drug reactions from legally prescribed drugs cause about 106,000 deaths per year.

Hospitals have reported that poisonings by prescription sedatives and tranquilizers jumped 65% from 1999 to 2006.  One-third of addicts questioned report that their first drug experience was from prescription drugs.  Mixing multiple drugs is a serious health risk.  Ask your physician if you question the interactions between medicines you are taking.  Patients should read the label and information provided with a new prescription drug.  Your pharmacist can also advise you on drug interactions, if you take more than one.

We’re certainly not telling you to not take medications that were prescribed for you by your physician; however, you should report to your doctor any side effects you may have from a new medicine.  The main thing to keep in mind is to keep your prescription medications in a safe place.  If you have small children, of course, you will.  But if there are teens in your house, you should also take precautions.  If you are taking a pain killer, your teen may think it’s o.k. to experiment with it.  Many times they prefer to use a prescription drug recreationally, thinking it is safer than street drugs.  Don’t let your medicine cabinet become a “free” pharmacy!

June is National Safety Month.  This first weekly theme is “Prescription Drug Overdose Prevention.”  It is hoped that you will consider how serious this matter is.  Senior citizens may be confused about their medications and need help monitoring them.  We should be vigilant about prescription drugs in our homes and keep them in a place where they aren’t accessible to others.  The abuse of prescription drugs is as serious as abusing street drugs or alcohol.  That abuse can lead to serious illness, or death.