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« Restraints in Nursing Homes: Potentially Harmful, Yet Still Used | Main | Pressure Ulcers May Indicate Problems with Nursing Home Care »

Medication Errors Cause Alarming Number of Adverse Drug Events in Nursing Homes

During the past year, several California nursing homes have been cited for medicating residents without adequate documented need or consent, over-medicating nursing home residents and for harmful medicine errors. One parent company of approximately 27 nursing homes throughout California was fined $18,000, in May of 2006, for medical errors leading to hospitalization.

As Elder Abuse and Nursing Home Neglect Attorneys, we at the Young & Wallin Law Firm remain concerned about the numbers of reported and unreported medical errors in California nursing homes. Last year, a report from the Institute of Medicine estimated that more than 800,000 injuries and deaths in nursing homes and long-term care facilities are caused by medication errors. It's unsettling to know that the health and safety of over 110,000 elderly residents in California nursing homes are at such high risk of injury from medication errors.

More unsettling is that often medication errors in nursing homes are not formally reported and nursing home staff frequently fails to report medication errors to nursing home residents or their families unless the error resulted in injury or death.

In 2003, the Institute of Medicine, a branch of the National Academies, conducted the most extensive study ever of medication errors, in response to previous reports on medical errors and a request made by Congress, upon the passing of the Medicare Modernization Act of 2003.

This extensive report concluded that of all adverse drug events in U.S. nursing homes due to medication errors, 42% were preventable. Of the serious, life-threatening and fatal adverse events, a frightening 61% were preventable. The most common causes of adverse drug events in nursing homes and long-term care facilities noted were failure to monitor residents for side effects and prescription dosages.

Serious adverse events reported in nursing homes included:

- Delirium or hallucinations
- Falls resulting in fracture
- Hemorrhaging resulting in transfusions
- Hypoglycemia
- Kidney problems.

Less serious adverse drug events in nursing homes included:

- Skin rashes
- Falls without associated fracture,
- Internal bleeding that did not require transfusion or hospitalization
- Drug-induced drowsiness.

The study also concluded that nursing home patients prescribed psychoactive medications (antipsychotic agents, antidepressants, sedatives/hypnotics) along with anticoagulants, diuretics, and antiepileptics (mood stabilizing medications) are at increased risk of suffering from an adverse drug event.

Antipsychotics, often described as "chemical" restraints, have been used to sedate and subdue patients in an attempt to compensate for poor nursing home staffing levels and to minimize the need for interaction between staff and nursing home residents. Such practices could be considered physical abuse or neglect, under California Elder Laws.

Other research, conducted by the Division of Geriatric Medicine, University of Massachusetts Medical School, studied the quality of antipsychotic drug prescribing in nursing homes and found that the practice of prescribing antipsychotic medications in nursing homes has increased since the availability of atypicals, or second-generation antipsychotic agents. The report also revealed that most atypicals were inappropriately being prescribed, going beyond the prescribing guidelines for doses and for reasons not upheld by strong clinical evidence.

A primary key to quality care in California nursing homes and long-term care facilities is the safe administration of medication and effective monitoring. Individuals who have suffered due to lack of quality care or who have experienced injury from a medication error in a California nursing home or long-term care facility, should contact a California Nursing Home Neglect Lawyer or California Elder Abuse Attorney, immediately. We Represent nursing home neglect cases throughout California including Orange County, Los Angeles, Bakersfield, Riverside, San Bernardino, Sacramento, Fresno, Santa Barbara and San Diego.

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« California Elder Abuse Laws and Nursing Home Regulations | Main | Medication Errors Cause Alarming Number of Adverse Drug Events in Nursing Homes »

Restraints in Nursing Homes: Potentially Harmful, Yet Still Used

Pursuant to the Nursing Home Reform Act (NHRA), of OBRA 1987, elderly nursing home residents maintain the right to be free from physical, mechanical, or chemical restraints that may restrict movement or normal access to their own body, or from restraints that are not required to treat the resident's medical symptoms, but are used simply for purposes of discipline or convenience.

As Elder Abuse and Nursing Home Neglect Lawyers, we, at Young & Wallin, find the practice of using restraints inappropriately in nursing homes quite concerning. The misuse of restraints places elderly nursing home patients in jeopardy of becoming victims of nursing home abuse, neglect, abandonment, and isolation.

Historically, restraining elderly nursing home patients was perceived to prevent falls and injuries. Contrary to those perceptions, research has clearly shown that residents of nursing homes with a high rate of restraint usage experience many adverse events, such as:

More Severe Fall-Related Injuries
Decreased Mobility Abilities
Pressure Sores or Ulcers
Depression
Aggression
Impaired Cognitive Performance
Impaired Social Engagement
Death

Despite the restraint reduction mandates of the Nursing Home Reform Act (NHRA), nursing home patients continue to be restrained inappropriately and often, the medical staff, the families of nursing home residents and the residents, themselves, accepts the practice as a matter of inevitability.

Although Elder Laws have been enacted to protect nursing home residents from the misuse of restraints, a cross-cultural study published in Z Gerontol Geriatrics 2005, estimated that 41-64% of nursing homes continue to use physical restraints on residents. The most frequently used restraints in nursing homes are bed rails, bed belts and table-chairs with belts. Medications have also been used as a means of restraining and subduing nursing home residents. (See: Medication Errors in Nursing Homes)

Another study, published in Gerontologist, 2004 showed that elderly residents of nursing homes that had a high-restraint usage rate remained in bed, during the day, 10% more than nursing homes with a low rate of restraint usage. The nursing home residents observed in the study were more frequently confined with bed rails in use and received less assistance with feeding during meals.

In light of a report released last year by The California Healthcare Foundation, the nursing home neglect attorneys of Young & Wallin remain extremely committed to defending the rights of California nursing home residents. The alarming report entitled, Snapshot: California's Fragile Nursing Home Industry, estimated that physical restraints are used on twice as many of the 110,000 California nursing homes residents, than are used across the nation. Also, more California nursing home residents remain in bed all or most of the time, than residents do nationally.

A major part of the problem appears to stem from nursing home staffing practices. According to the report:

Certified Nursing Assistants (CNAs), with approximately four weeks of on-the-job training, provided 64% of daily care to nursing home patients.

Ninety-five percent of California nursing homes failed to meet the recommended daily standard of 4.1 hours of nursing care per resident, per day.

Nearly 25% failed to meet the state mandate of 3.2 hours of daily nursing care.

The elders we love and care about deserve enforcement of the laws set forth in California to protect them. If you or a loved one have been harmed by the inappropriate use of restraints in a California nursing home or long-term care facility, a California Nursing Home Neglect Lawyer or California Elder Abuse Attorney can provide you with legal help and assistance necessary to obtain justice and any damages that may be due you.

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