Articles Posted in Chemical Restraints

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Not all nursing home neglect is a simple matter of unintended mistakes or oversights that cause harm to residents. At times there are far more organized, repeat efforts that place dozens (or even hundreds) of residents at risk of serious harm and death. In those more far-reaching cases, the consequences may be severe for those who engage in the conduct, including nursing home staff members, nurses, doctors, and administrators. While family members of those harmed can file civil lawsuits seeking accountability, criminal charges can also be filed (by the state) if criminal laws are violated.

Three Year Prison Sentence

That is what happened in a unique case which just ended in a Director of Nursing at a long-term care facility being sentenced to three years in prison for conduct related to medication of facility residents. The defendant in the case pled no contest to state criminal charges alleging elder abuse which led to the death of a resident. Interestingly, she also faced “assault with a deadly weapon” charges–with the weapon being the drug Risperdal.

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MedPage Today reported on a national analysis that revealed more than one in five U.S. nursing home residents are given antipsychotic medications.

Becky A. Briesacher, PhD and colleagues from the University of Massachusetts in Worcester conducted a study of more than 1 million patients in nursing homes in the U.S. The study revealed that 22% of the residents were given at least one prescription for an antipsychotic agent. The researchers analyzed data provided by Omnicare, a long-term care pharmacy which provides medication services across the country to many nursing facilities. The researchers found that nursing homes kept sparse records on the dispensation of antipsychotic medications so the most accurate way of measuring the use of antipsychotic medication was by examining Omnicare’s records.

Omnicare’s records contained extensive patient information including age, sex and location of residence for reimbursement purposes. The researchers noted this data was “complete and accurate.”

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Our Chicago nursing home neglect attorneys work on civil lawsuits. The civil justice system is distinct from the criminal justice system. In a civil lawsuit the private individual harmed by misconduct (either a resident or their family) seeks accountability from the wrongdoer. That accountability usually takes the form of monetary damages. Conversely, the criminal justice system is society’s way of punishing misconduct generally. When an actual crime is committed the perpetrator may face fines, jail time, and other sanctions.

In the vast majority of cases related to nursing home neglect, civil lawsuits are all that are filed. That is because negligence is generally an insufficient mental state to be guilty of a crime in these settings. In other words, while it may be inappropriate to prevent something like a nursing home fall, the aide who does so did not necessarily intend for the resident to be hurt. In many cases, the individual must intentionally cause harm for a crime to be committed. There is more nuance to the issues of mental states as they relate to crimes, but for the most part, that difference between intentional misconduct and negligence is the main distinction.

Jail Time for Nursing Home Abuse

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Yesterday we discussed the new book “Dementia Beyond Drugs: Changing the Culture of the Care” where a doctor argued for a new outlook on dementia care. The physician, who has decades of experience with patients experiencing cognitive disease as they age, argues that instead of focusing solely on the disease itself, the overall patient must be considered.

Admittedly, it is easier to grasp this general principle than it is to understand exactly what that means in terms of caregiving at nursing home and other assisted living facilities. Perhaps most obviously, the book is a call for less dependence on medications to control the symptoms of dementia. Instead, more individualized care plan need to be crafted which take the unique challenges of a resident with dementia into account.

Unique Nighttime Programs

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Stories of tragic neglect and abuse fill the archives of this blog, because it is important to raise awareness of the plight faced by so many victims stuck in bad nursing homes. At the same time, some facilities (though still too few) are taking important steps to improve care for the residents whose lives are dictated by their decisions. Some facilities are reevaluating their approach to consider residents’ overall quality of life.

For example, the Chicago Tribune reported yesterday on Glenview’s Maryhaven Nursing and Rehabilitation Center. The facility has participated in a test-study examining ways to improve the lives of nursing home residents suffering with Alzheimer’s disease and dementia. The study tested new ways of providing care for these patients with a focus on simply improving the day to day living experience of the sufferers.

One general goal of the care is to get facilities to focus on comfort care rather than standard aggressive treatments that have found to offer little to no medical benefit. In addition, many family members of residents are encouraged to engage more fully in the new care programs. Pain medications are used in better ways under the new treatment programs as well. Care givers are encouraged to ensure that pain is prevented before it spikes, instead of only after the victim wallows for a time. Facilities using the new techniques actually saw a reduction in the need for psychotropic medications.
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The American Association for Justice released a comprehensive new report entitled, “Standing Up For Seniors: How the Civil Justice System Protects Elderly Americans.” Today we being our in-depth consideration of the issues raised in the report by discussing one of the most common (and heartbreaking) aspects of negligent nursing home care.

Chemical restraints refer to a regime of medication administered to nursing home residents in an effort to mentally and physically control seniors at these facilities. In much the same way that any physical means of limiting the actions of a person, chemical restraints act as a severe limitation on the freedom of vulnerable seniors. Use of chemical restraints has increased in nursing homes recently. New research has shown that 71% of nursing home residents are prescribed psychoactive medication within three months of being admitted to a facility. The vast majority of these residents were not diagnosed with a psychiatric problem, meaning that the drugs are administered solely as a means of controlling the residents.

One Alzheimer’s specialist explains, “Way too many patients in nursing homes are treated with antipsychotics purely to sedate them or to control their behaviors that are difficult for the staff.”

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Channel 10 News in San Diego reported on troubling claims of nursing home abuse made by the daughter of a nursing home resident who died at the facility last year. The abuse was an example of “chemical restraint,” where residents are essentially fed drugs in order to ensure that they are essentially immobile, so that nursing home staff members can do even less work to care for them.

Dr. Keith Blair was a lifelong dentist before entering Arbor Hill Nursing Center to help cope with some mild dementia. Dr. Blair’s health was suffering, and the care workers at the facility were supposed to provide close care to help Dr. Blair recoup. However, instead of providing close monitoring, the nursing staff at the facility gave him doses of anti-psychotic drugs, Risperdal and Haldol, without his consent. Both drugs contain specifics warnings as having increased mortality risks in elderly patients.

The negligent nursing home staff willfully committed the medication error as a way to control their residents. Dr. Reid’s daughter remembers visiting her father only to discover that he was completely out of it while on the medication, unable to leave the bed or remain active in any way. Ultimately, the unlawful use of drugs led to Dr. Reid’s death not long after his arrival at the facility.

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Science Daily is reporting that a study shows that newly admitted elderly patients to nursing homes have a higher rate of being prescribed antipsychotic drugs than in previous years. This study found that in 2007, almost one-third of U.S. nursing home residents received antipsychotic drugs. The FDA has issued a warning that there is a great risk of death among older adults with dementia who are taking these agents to control behavioral symptoms. A recent clinical trial has concluded that the adverse effects of atypical antipsychotic drugs have outweighed the benefits of those with Alzheimer’s. This shows that many doctors are over prescribing these drugs, and it is having an adverse effect on patients.

The nursing home study found that about 30 percent of the residents in the study received at least one antipsychotic medication in 2006 and 32 percent of those did not have dementia or another indication that they needed to be on this medication. Some experts believe that the organizational culture of the nursing homes may encourage the prescribing of antipsychotic. Hopefully, the FDA warning and other studies will move the prescription statistics in the opposite direction. If not policies may have to target those nursing homes that have a high antipsychotic prescription rate so as to improve patient care. To read more about the nursing home study, please click the link.

Once physical restraints were banned from most nursing homes, it appears that doctors began using antipsychotic medications to chemically restrain patients. Oftentimes this leaves patients feeling lethargic and they are not themselves. If you believe that your loved one is being prescribed antipsychotic, please approach the nursing home doctor and inquire why they are being prescribed. If you learn that they are being over prescribed so as to chemically restrain the patient, consult a Chicago nursing home lawyer.

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A new study has found that newly admitted nursing home patients are more likely to be prescribed antipsychotics if the nursing home has a high prescribing rate for antipsychotics. The FDA has recently advised that nursing homes should decrease their use of atypical antipsychotic in elderly dementia patients. More than 29 percent of residents received at least one antipsychotic medication, even though 32 percent of them had no clinical indication for the medication. It is important that elderly people are not overly medicated by antipsychotic medication. Nursing homes cannot use these medications in order to chemically restrain their patients. To learn more about the nursing home studies, please click the link.

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Nursing home resident advocates in Illinois are pushing for new rules on the use of antipsychotic drugs among nursing home residents. This would prevent the misuse of the drugs as a form of chemical restraint in nursing homes. A grassroots organization that fights to improve nursing home care in the state, entitled Illinois Citizens for Better Care, is pushing for new state laws and regulations that would prevent nursing homes and doctors from using antipsychotic and psychotropic drugs as a form of chemical restraint on the elderly residents. The concerns over the use of certain drugs have increased considerably as the result of the Chicago Tribune’s reports on problems in Illinois nursing homes. The Illinois governor has established the Nursing Home Safety Task Force to address the nursing home abuse problems that were uncovered by the investigation. A recent study has find that the side effects of the antispychotics commonly given to elderly residents have been linked to death and strokes. Nursing home care advocates say that the state could prevent the “off-label” use of antipsychotics in eldely patients by refusing to pay for those specific drugs. Also the Illinois Department of Healthcare and Family can grant consent for the drugs on a case-by-case basis. The use of standardized forms and disclosure may also help the problems associated by the drugs. The use of chemical restraints is becoming commonplace as physical restraints become outlawed. If you or a loved one has been harmed by chemical restraints, please contact an Illinois lawyer. To read more about the solutions for chemical restraints, please click the link.