Nursing Home Law Center

BSadmin — Thu, 03 May 2012 17:41:22 +0000

Recent commentary on the Huffington Post website highlights the importance of family involvement and civil lawsuits in protecting nursing home patients. Carole Herman, founder and president of the Foundation Aiding The Elderly, writes that until her organization brought a lawsuit in 2007 to force the California Department of Public Health to set regulations establishing minimum staff to patient ratios, the Department had effectively ignored a directive from the legislature to set those ratios by 2003.

She notes that without the diligence of family members and attorneys who file civil lawsuits against nursing homes for the injury or death of a loved one, nursing homes would not be held accountable. Her organization has observed over the years “the lack of government enforcement of this industry that is handsomely paid by our tax dollars to care for our most vulnerable citizens.”

Ms. Herman advises family members to be vigilant when a loved one is placed in a nursing home. Family members should visit often at any time of the day or night (under federal law, there are no visiting hours for family members at nursing homes). They should check for signs of dehydration or bed sores forming, listen to their family member, and ask questions of the staff.

The full article can be found at: Suing Nursing Homes

If you or someone you know has been injured by negligence in a nursing home or assisted care facility, contact Benjamin Gideon at bgideon@bermansimmons.com

Elder Abuse Common in Maine

BSadmin — Mon, 20 Jun 2011 19:02:41 +0000

Panelists from law enforcement, Adult Protective Services, and a domestic violence agency spoke in Farmington last week. Citing statistics from recent studies by the Maine Attorney General’s Office and Office of Elder Services, Jessica Dorr stated that 12,000 Maine residents age 60 and above are abused each year. Dorr, a community educator on domestic violence issues, also provided information on warning signs of abuse.

Slap marks, bruises, bed sores, burns and other injuries that are questionable or difficult for the elderly person to explain can be red flags for physical abuse. Other warnings signs of abuse are poor hygiene, malnutrition, and sudden changes in behavior and financial circumstances.

If you or someone you know has been the victim of abuse or neglect in a long term care facility, contact Benjamin Gideon at bgideon@bermansimmons.com

For more information on the panel discussion, see: Elder Abuse Frequent in Maine

World Elder Abuse Awareness Day

BSadmin — Tue, 14 Jun 2011 19:14:42 +0000

Community and governmental organizations on every continent will recognize world elder abuse awareness day on Wednesday, June 15th. The day is in support of the United Nations International Plan of Action on Aging, which recognizes that elder abuse is a significant public health and human rights issue. People are encouraged to wear purple on June 15th in support of the day.

Abuse can take the form of physical or emotional abuse, financial exploitation, or neglect. The United States government estimates that in our country, hundreds of thousands of elders are abused, neglected or exploited every year, and that elders lose 2.6 billion dollars annually due to financial exploitation.

If you or someone you know has been the victim of abuse or neglect in a long term care facility, email Benjamin Gideon at bgideon@bermansimmons.com.

For more information, see:
World Elder Abuse Awareness Day

Up to Two Thirds of Nursing Home Residents With Dementia Prescribed Risky Medications

BSadmin — Fri, 03 Jun 2011 19:39:16 +0000

A recent study published in the Canadian Medical Association Journal analyzed the risk of psychotropic medications given to nursing home residents. One type of psychotropic medication, atypical antipsychotics, has already proven to increase the risk of stroke and death in the elderly. Physicians have continued to prescribe other types of psychotropic medications to manage behavioral problems in the elderly, despite safety concerns. The study’s authors set out to determine the risk of these other types of psychotropic medications: typical antipsychotics, antidepressants, and benzodiazepines prescribed for anxiety.

The study found that nursing home residents taking any of those drugs had a higher risk of death than residents taking atypical antipsychotics, although the atypical antipsychotics were already considered risky. Furthermore, the use of typical antipsychotics and antidepressants carried an increased risk of femur fracture.

Nursing home residents are often prescribed these medications because nursing homes choose not to spend resources on psychosocial and behavioral interventions that require staff training and time.

The study results can be found at:

Risk of Death and Hospital Admission

If you or someone you know has been harmed by neglect or abuse in a long term care facility, contact Benjamin Gideon at bgideon@bermansimmons.com

New Guide Helps Long Term Care Consumers Make Choices and Advocate for Themselves

BSadmin — Wed, 01 Jun 2011 19:12:53 +0000

A recently published guide for consumers of long-term care provides information about consumers’ options and rights. The guide provides helpful advice for choosing long term care facilities or providers, and advocating for quality care. For instance, thoroughly documenting a problem with care in a nursing home makes a complaint to the Director of Nursing or the Long Term Care Ombudsman more credible and effective. A copy of the guide can be found at:

Piecing Together Quality Longterm Care

If you or someone you know has suffered abuse or neglect in a long term care facility, contact Benjamin Gideon at bgideon@bermansimmons.com