Long Beach Attorneys Handling Nursing Home Abuse

What is nursing home abuse?

The Nursing Home Reform Act of 1987 gives nursing home residents the right to receive quality care and live in an environment free of neglect, abuse, and misappropriation of funds. Per the National Consumer Voice, abuse “means causing intentional pain or harm. This includes physical, mental, verbal, psychological, and sexual abuse, corporal punishment, unreasonable seclusion, and intimidation.”

Examples of this include:

• “Physical abuse from a staff member or an intruder or visitor from outside the facility -- including hitting, pinching, shoving, force-feeding, scratching, slapping, and spitting; 
• Psychological or emotional abuse -- including berating, ignoring, ridiculing, or cursing a resident, threats of punishment or deprivation; 
• Sexual abuse – including improper touching or coercion to perform sexual acts; 
• Substandard care which often results in one or more of the following conditions -- immobilization, incontinence, dehydration, pressure sores, and depression; 
• Rough handling during caregiving, medicine administration, or moving a resident.”

Medication mistakes

Based on data published in the National Library of Medicine's StatPearls, approximately 7,000 to 9,000 individuals lose their lives each year in America due to medication errors, with countless others experiencing unreported adverse reactions or complications resulting from medication. These errors can occur when patients are administered incorrect medications, a combination of medications, or incorrect dosages. Various factors contribute to these medical inconsistencies, such as misinterpretation of medical scripts, incorrect prescriptions, allergic reactions to prescribed medications, and inaccurate documentation by the healthcare staff.

When entrusting the care of a loved one to a nursing home, it is reasonable to expect a high standard of care. Nursing home facilities are obligated to adhere to both state and federal guidelines. Negligence occurs when an elderly resident or dependent adult in a nursing home receives medical treatment that falls below this accepted standard of care, leading to serious injuries or even fatalities.

Here are some examples of medical negligence commonly observed in nursing homes:

• Failure to conduct a thorough examination, evaluation, or provide necessary treatment.
• Neglecting to administer tests that may be required for elderly individuals.
• Delays in providing essential treatment.
• Administering inappropriate or incorrect treatments.
• Neglecting to monitor or follow up on a patient's medical condition.
• Misdiagnosing a condition or experiencing delays in making an accurate diagnosis.
• Performing unnecessary surgical procedures.
• Prescribing medications that are unnecessary or incorrect.

Nursing homes in California must uphold the highest level of care and diligently avoid these instances of medical negligence to ensure the well-being and safety of their residents.

Delayed treatment for stroke

According to the Centers for Disease Control and Prevention (CDC), stroke accounted for 1 in 6 deaths from cardiovascular disease in 2021, with approximately 795,000 individuals experiencing strokes each year. Alarmingly, nearly a quarter of these individuals have previously had strokes.

Ischemic stroke, the most common type comprising 87% of all strokes, occurs when the flow of blood to the brain is blocked. Tissue plasminogen activator (tPA) is a medication that can dissolve blood clots, often referred to as a "busting" drug. When administered within three hours of the onset of a stroke, tPA can significantly improve outcomes, allowing victims to fully recover or experience less disability compared to those who do not receive the medication. Furthermore, the CDC highlights that patients treated with tPA are less likely to require long-term care in a nursing home.

Any delay in administering this critical treatment can have severe consequences for stroke victims. If you or your loved one have experienced mistreatment or delayed treatment following a stroke, Garcia & Artigliere can provide the necessary support to seek justice.