Nursing Home Abuse & Neglect

Published on: May 13, 2011

Nursing Home Residents At Risk from Overmedication

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: May 3, 2011

Possible Increase in Workers’ Compensation Claims Involving Older Georgia Workers

by Robert N. Katz, Esq.

Atlanta Workers’ Compensation lawyers are likely to see a spike in the number of claims being filed by older American workers.The Centers for Disease Control and Prevention is warning in a new study that the number of senior workers being injured in workplace accidents, has increased substantially. As the CDC noted, the increase in work accidents for seniors is likely due to the fact that we have more senior in the workplace than in the past due to the recession. Therefore, more and more seniors will have workers comp claims to assert. Unfortunately, some insurance companies are likely to take advantage of the fact these seniors have more limited life expectancies to reduce the level of their settlement offers in worker comp cases beyond what is reasonable for that issue.

According to the Centers for Disease Control and Prevention, the number of injured older workers in the workforce increased from 12 % in 2003 to 17% in the latest estimates.The Centers for Disease Control and Prevention says that much of the reason for this increase has been the fact that there are more older workers in the workforce now than ever before.During these troubled economic times, many seniors who had been looking forward to retirement, have been forced to re-enter the workforce instead.In many cases, these older workers are entering a work environment that has simply not taken their specific safety issues into consideration.

For instance, older workers may be at a high risk of certain types of accidents, like slip and fall accidents.They may also be at a high risk of fall accidents from elevated surfaces, or from ladders and stairways.These falls can leave an older worker with serious injuries, like fractures, hip fractures, broken ribs and other injuries.A hip fracture, for instance, can mean the end of an older worker’s ability to earn a livelihood.In fact, studies show that older persons who suffer a hip fracture, have a much higher risk of dying within a year after suffering the injury, than those who have not suffered a hip injury.

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 24, 2011

Why Atlanta’s Senior Motorists May Be at a Higher Risk of Pedestrian Accidents

by Robert N. Katz, Esq.

As Atlanta pedestrian accident attorneys, we often come across cases involving pedestrians seriously injured in accidents caused by senior motorists.A new study conducted by Israeli researchers suggests that elder drivers may suffer from an inability to see things in their peripheral vision that prevents them from seeing pedestrians on the curb or sidewalk. This increases the likelihood of a pedestrian accident. Of course, auto accidents involving pedestrians often involve the most serious injuries.

The study came out of a spike in pedestrian accidents involving senior motorists in Israel.The researchers were looking at the specific challenges an elderly motorist faces as far as pedestrian safety is concerned.The researchers placed older motorists in a simulator, and measured their responses to vital safety signals.

They found that drivers above the age of 65 were half as likely to spot a pedestrian as younger drivers.Not only that, they also found that senior motorists were just half as likely to tap the brakes when they spotted a pedestrian on the curb or sidewalk, as younger drivers.This signifies one of two things-either these motorists don’t spot a pedestrian in time to react, or they don’t consider pedestrians a serious accident hazard.Either of these theories spells danger for any pedestrian in the path of an elderly motorist.

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.

Published on: November 16, 2010

Improving Auto Accident Rates Among Elderly Drivers

by Robert N. Katz, Esq.

As more and more elderly drivers retain their licenses, lowering traffic traffic accident rates among elderly drivers is a growing concern.A San Francisco-based company is now proposing that video games can improve the driving of the elderly.Posit Science has sponsored studies that show that its driver training software for elderly drivers does help minimize the risk of accidents involving the elderly.

The study divided 908 people into four groups. The average age of the group members was 72 years. One group was given the Posit Science games to play for 10 hours, the second was given training on improving reasoning skills, and the third group was given training on improving memory skills. The fourth group was given no aid at all. After six years, the researchers found that the elderly persons who were given the Posit Science games to play reported a 50% lower rate of accidents, than those who took the memory training and those who had no stimulation at all.

Posit Science claims that it is currently conducting more studies using its video games to help elderly motorists avoid accidents. As Atlanta car accident attorneys, we are not sure how we should take the results of a study that is conducted by the company that markets the products. However, it is good to see that there’s a lot of awareness in the market about the specific concerns relating to elderly motorists and their risks of accidents.

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: June 25, 2010

Older Drivers Not Necessarily Bad Drivers

by Robert N. Katz, Esq.

More Older Drivers Doesn’t Necessarily Mean More Accidents

The Insurance Institute for Highway Safety has, in the past, warned about a growing population of senior motorists and the implications for highway safety. The agency had published a study nine years ago, expressing its concerns over the heightened risk of accidents with more numbers of elderly motorists on the road.

As it turns out, those concerns may have been completely misplaced. An updated report by the Insurance Institute for Highway Safety shows that although there are more numbers of elderly motorists on the roads, they are not necessarily being involved in more numbers of accidents. In fact, there has been a decline in the number of serious/fatal accidents involving elderly drivers over the past decade.

Published on: May 29, 2010

DeKalb and Emory to Partner in Care for Abused Elderly

by Robert N. Katz, Esq.

DeKalb County, Emory Healthcare Partner to Care for Abused Elderly

It is one of the first such initiatives anywhere in the country, and as Atlanta elder abuse lawyers, we are extremely proud that DeKalb County will be home to an exclusive elder abuse shelter and treatment center. DeKalb County prosecutors and Emory Healthcare are partnering up to provide a safe haven for senior citizens who are abused and have nowhere else to go.

Under the partnership, emergency workers will bring patients would have been abused to the geriatric center at Emory Health Care, which is donating a few beds for this very purpose. These elderly persons will be treated, and then be examined to look for any signs of physical abuse, and if the doctors determined that abuse has taken place, prosecutors will move in to prosecute the cases.