Nursing Home Abuse


How the Use of Antipsychotic Drugs is the Newest Form of Nursing Home Abuse

by Staff Blogger | July 28th, 2014

Antipsychotic medications can be extremely beneficial in the treatment of certain mental health disorders, but new reports are showing these medications may be misused in nursing homes across the country as a means to restrain and control patients. In fact, the University of California-San Francisco found that as many as 1-in-5 patients in the nation’s 15,500 nursing homes are receiving dangerous and unnecessary antipsychotic drugs.

These findings leave many with loved ones in nursing homes wondering why this abuse of both patients and medications is occurring. An article from AARP News points to three specific factors, including:

  • Inadequate Training
  • Understaffing
  • Excessive marketing by drug manufacturers

The article went on to explain that doctors would often receive kickbacks in the form of payments from drug manufacturers for prescribing their products to patients.

So what can be done to stop this type of nursing home abuse? Experts tend to agree that looking for better treatment options is the best bet. An example was cited in which an elderly nursing home patient had become increasingly aggressive while in an activity room with others. He was taken away for quiet time in his own room following each incident. Doctors were ready to prescribe an antipsychotic to control the patient’s behavior, but luckily discovered they had been reinforcing the negative behavior by giving the patient what he wanted when he acted out, which was time alone. The issue was addressed with more activity for the patient and no drugs were needed for treatment.

The California personal injury attorneys with Berg Injury Lawyers are hopeful more families will push their loved ones’ doctors and medical facilities to consider other options prior to using antipsychotic drugs to control a patient.


Hospital Comparison Guide Creates Accountability in California’s Medical Industry

by Staff Blogger | May 19th, 2014

They say that word of mouth is the best advertising around. With the advancements in the Internet and technology abounding, it comes as no surprise then that online reviews are where people are turning today to make decisions regarding everything from the items they’ll purchase to the restaurants they’ll visit.

So, what if you were able to find out about the quality of care a hospital is giving prior to making a decision about where you would like to receive a treatment? It seems as though you can by using the California hospital comparison guide provided by CalQualityCare.org.

The site allows each facility to be graded and ranked based on different aspects of patient care including areas such as patient experience, patient safety, and re-hospitalizations after discharge. Users are able to filter search results based on the their location and the type of medical care they are seeking. Facilities can then be selected and saved so their results can be compared side-by-side.

Experts say these rankings create a sense of accountability that can reduce mistakes and negligence, which can in turn result in fewer cases of malpractice, nursing home abuse, and even use of defective medical devices.

Finding ways to improve medical care in California is a mission important to our Alameda personal injury lawyers here at Berg Injury Lawyers. That’s why our legal staff urges citizens to consider using reviews like the hospital comparison guide when determining where to receive medical treatment.


Data Indicates Nursing Home Abuse Occurs Rampantly In California

by Staff Blogger | January 27th, 2014

The National Center on Elder Abuse states as many as one out of every 10 nursing home residents will become the victims of abuse this year. The organization adds that this number is likely underreported though. The California Nursing Home Abuse Lawyers with Berg Injury Lawyers state these statistics are supported by a report of rampant abuse at a California nursing facility.

According to California Center for Health Reporting, employees at nursing facilities in San Diego County made as many as 80 errors in patient care in the past several years. The mistakes that were made include ignoring potentially deadly medical issues, administering the wrong medications or dosages, and neglecting those in the most desperate need for care.

The findings leave many citizens with relatives and loved ones living in nursing homes wondering what they can do to protect those individuals from the dangers of abuse and neglect. Berg Injury Lawyers and their team of California Personal Injury Attorneys state being active in the care of your loved one is a great way to prevent abuse or neglect. This means visiting often and asking plenty of questions to caregivers.

The firm goes on to explain that discussing your legal options with a qualified attorney may be a good idea if you have evidence of or suspect some type of patient abuse or neglect is occurring at a nursing facility.


California Nursing Home Found In Violation of Patient Health and Safety Standards

by Staff Blogger | October 29th, 2013

October 28, 2013

Data from the National Center on Elder Abuse shows an estimated 30 percent of nursing home residents are the victims of abuse or neglect each year. However, the number could be significantly higher due to the number of cases that go unreported. The California Nursing Home Abuse Lawyers with Berg Injury Lawyers explain one Castro Valley, California, facility was recently shutdown due to allegations of abuse being committed at the facility.

An article published by U-T San Diego explains an investigation into the facility was launched after inspectors discovered a patient had escaped the facility twice. Also, medical staff had failed to keep proper patient records, which led to medications not being properly dispensed to patients.

The facility’s doors were closed; however, a total of 14 patients were left to fend for themselves at the site after the doors were shuttered. Paramedics were called to the scene last week after being contacted by a handful of staff members who had stayed to care for the patients despite not being paid.

Investigators say the acts of neglect could lead to charges being filed against the owners and operators of the facility.

Berg Injury Lawyer’s team of California Personal Injury Lawyers recognizes how difficult recovering from injuries caused by abuse and neglect can be and are here to help anyone who is the victim of nursing home abuse.


Superior Court Finds Assisted Living Facility At Fault For Patient’s Death

by Staff Blogger | March 11th, 2013

March 11, 2013

One of the largest assisted living facility companies in the nation, Emeritus Corp, is responsible for the wrongful death and Nursing Home Abuse of an 82-year-old woman who died under the company’s care. According to the Insurance Journal, the court must now decide how much to award the plaintiffs in damages.

The victim was admitted to the facility after she received a diagnosis of Alzheimer’s disease. Within months though, she had to be checked into a local hospital due to her deteriorating health. It was there that several bedsores developed on the woman’s body. The victim died several weeks later, from what the coroner determined to be complications from the bedsores.

The woman’s family soon filed the lawsuit against the facility, claiming its policies regarding training and staffing were the direct cause of the woman’s death. The suit alleged the hospital often left patients unattended to for extended periods of time due to staffing shortages. Also, the staff members that were on-hand were often under-trained for the situations they were put in. The suit went on to claim the nursing facilities policies were only made to cut costs.

The California Personal Injury Attorneys with Berg Injury Lawyers can acknowledge the frustration that accompanies the loss of a loved one due to another person’s negligence. That is why the firm is hopeful the decision in the case will bring a sense of closure to the tragedy for the family and friends of the victim.


California Bills Could Improve The State’s Elderly Care

by Staff Blogger | September 10th, 2012

September 10, 2012

California legislation awaiting the governor’s approval could have a direct impact in northern California on the type of care seniors living in a nursing home or long-term care facility can receive. According to the Napa Valley Register, a decision on the legislation must be reached by September 30.

Lawmakers have worked for nearly two years to complete AB40, which would not only bring state elder abuse laws up to par with the federal Elder Justice Act, but would also improve and require the communication between a person who suspects elder abuse to be occurring and law enforcement.

AB 999 would benefit those living in nursing homes and assisted living facilities by preventing insurance companies from being allowed to hike rates in certain circumstances, while AB 1710 would help to protect residents of care facilities from California nursing home abuse by requiring more training for administrators and establishing a better check and balance system for patient care.

The laws come at a time when local officials are working to improve elderly care in the area, as a recent Census Bureau report showed 15 percent of Napa County’s population is over the age of 65 and the number is continuing to grow.

The California personal injury lawyers with Berg injury Lawyers are here to help you if you suspect that your loved one has been harmed while in the care of a nursing home or assisted living facility.


Three arrested in California nursing home abuse case

by bil | February 26th, 2009

February 26, 2009

The Los Angeles Times reports that three former managers at a nursing home were arrested in the deaths of three residents and face California nursing home abuse charges.

The State attorney general’s office reported in a criminal complaint that more than 20 residents at a skilled nursing facility were drugged for “staff convenience”. Many of the patients experienced side effects as a result of the drugs.

The three staffers are charged with elder abuse, along with assault with a deadly weapon in this California nursing home abuse and neglect case.

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The California nursing home abuse lawyers at Berg Injury Lawyers can help if you’re loved one has suffered nursing home abuse or neglect.