Physical and Chemical Restraints – Friend or Foe?

It is a common practice among nursing homes today to use restraints, both physical and chemical, to medically treat a patient.  Not all restraints are illegal, as there are proper as well as improper uses of restraints.  Restraints are used correctly when they are used to keep patients safe or to treat medical symptoms.

Nursing homes often think that the use of physical restraints is necessary to improve the safety of their patients.  However, current research suggests the exact opposite, that they cause more risks than benefits.  Nursing home patients will often not understand why they are restrained.  They become agitated and anxious, and will squirm and wiggle to attempt to get out of the physical restraint, sometimes causing them extreme physical injury.  Many patients who try to escape the physical restraints die from strangulation or become seriously injured when they are trapped in bedrails or fall from their beds.

Chemical restraints are achieved through the use of drugs in order to control the patient’s behavior or restrict his or her freedom.  Some of the most commonly used sedatives are Haldol, Xanax, Risperdal, Benzodiazepine, Lorazepam, Mellaril or Navine.  Nursing homes may attempt to use these drugs to intentionally sedate a resident who is more active, as opposed to using safer alternatives (such as redirecting residents, providing activities that stimulate the residents’ attention, talking with the resident in a calm manner, providing a calm environment and staff that doesn’t stress the resident).  The prescription of psychoactive drugs to control the patient’s behavior without adequate medical justification is illegal.

As the media continues to report instances of improper use of physical and chemical restraints used on nursing home patients, they bring a common nursing home abuse issue to the forefront.  Improper use of restraints can lead to serious emotional injuries, in addition to a number of physical injuries, including bed sores, bruises, fractures, and in the most serious cases, wrongful death.  Many nursing home abuse lawsuits stem from improper restraints used against nursing home patients.

York Law Firm has obtained numerous settlements and verdicts on behalf of our nursing home clients who have sustained injury due to improper use of restraints.  Recently, we achieved a confidential settlement for elder neglect against a nursing home on behalf of a 90 year old female nursing home client who was killed due to the asphyxiation caused by the nursing home’s use of improper physical restraints.  If you are concerned about physical restraints or drugs being used to control/sedate your loved one, please contact York Law Firm at (916) 643-2200.  We are here to help.

York Law Corporation
Sacramento, California
www.yorklawcorp.com
Call today: (800) 939-1832
Local: (916) 643-2200

Inadequate Care leading to Two Elderly Residents Dying

In a Los Angeles Time article on June 11, 2009, it was reported that State officials recently fined two nursing homes in Orange County for providing inadequate care that led to the deaths of two residents. 

In late November 2008, an 82 year old woman was admitted to the Alamitos West Health Care Center in Los Alamitos, CA.  When she was admitted, a doctor ordered that her fluid intake be monitored by staff at every shift.  The registered dietitian on staff could not prove that the nurses at the facility had made sure the woman was drinking enough fluids.  Review of patient’s fluid intake forms showed blank spaces or illegible writing.  On December 19th, the woman was hospitalized for a urinary tract infection, dehydration and an “altered mental status.”  The woman died six days later on Christmas day from her symptoms. The California Department of Public Health found that the nursing home failed to follow proper procedures which caused the patient to suffer dehydration and acute kidney failure and fined the facility $100,000.  According to Betsy Hite, the facility’s spokeswoman, the nursing home plans to appeal the fine.

On March 2, 2009, a male resident at the Huntington Valley Healthcare Center in Huntington Beach, CA died because the registered nurse supervisor did not call 911 or administer CPR because she thought the patient had a DNR (Do Not Resuscitate).  According to State officials, a licensed vocational nurse on staff called a family member to inform them that the man had died.  The family member told the nurse to hang up and call 911 because the patient’s medical record included an advance directive form from family which marked the option “I DO WANT C.P.R.” in an emergency situation.  When paramedics arrived, they found the man in his bed with no heart beat, a sheet over him, and no signs of C.P.R. being administered. The California Department of Public Health fined the facility $80,000.  At this time, the nursing home does not know if they will appeal the fine.

            The California Department of Public Health has many rules and regulations that nursing facilities must follow.  However, it is incredibly easy for bad nursing home conduct to slip by the State.  In many instances, the State does not do an investigation at all.  Often times, the State does their investigation years after the elderly person has already died.  When the State issues a citation, the nursing home will usually appeal the citation or try to settle for less.  Which then begs the question:  does nursing home neglect and abuse ever really stop?

           These two facilities have obtained a Class AA violation from the California Department of Public Health.  These violations are the most severe and are issued when a resident’s death can be directly and officially attributed to the responsibility of the facility, and carries fines between $25,000 and $100,000.

             The York Law Firm is experienced in prosecuting elder neglect cases involving the atrocities that many nursing homes commit on a regular basis when they fail to take proper care of our elderly residents.  One of our specializations is Nursing Home Abuse and Neglect.  We have successfully applied Federal and State laws to protect those living in Nursing Homes and Assisted Living Facilities from being victims of neglect and abuse.

York Law Corporation

Sacramento, California

www.yorklawcorp.com

http://www.yorklawcorp.com/practice/nursing-home-abuse/

Civil Rights Violations in Nursing Homes are Now Recognized Under 42 U.S.C. § 1983

            According to a recent article posted on Law.com, the estate of Melvinteen Daniels brought a suit against the nursing home, The Kane Center in Allegheny County, Pa., for Mrs. Daniels fatal case of sepsis caused by neglect, malnourishment and bed sores.  The lawsuit brought on Mrs. Daniels behalf had the cause of action for violating her civil rights by breaching a duty to ensure quality care under the Federal Nursing Home Reform Amendments (FNHRA).  The 3rd U.S. Circuit Court of Appeals ruled that residents of county-run nursing homes could bring lawsuits for civil rights violations under FNHRA section 1983, which challenges the quality of the resident’s treatment. 

Prior to FNHRA being passed in 1987, there were only two sanctions against nursing homes for noncompliance. One sanction was the secretary of Health and Human Services or the states themselves could decertify the facility and terminate the nursing home’s eligibility to receive Medicaid reimbursements.  The other sanction was if noncompliance was not an immediate and serious threat to the residents’ health and safety, the secretary or the states could deny payment for new admissions for up to 11 months.  If the government did not catch and enforce the sanctioned actions, there was not much deterrence for Nursing Facilities and protection for the elderly.  Private lawsuits became possible under FNHRA, and in addition to sanctions, nursing facilities are held accountable and deterred from abusing and neglecting their residents.  As courts breathe new interpretations in FNHRA, lawyers looking to protect the elderly have more ammunition to hold nursing facilities accountable for their abuse and neglect of residents.

            Now, victims (or their families) of elder abuse and neglect from county-run nursing facilities can bring a new cause of action which alleges violations of the victim’s civil rights.  The violation lies in the fact that “nursing homes are required to care for residents in a manner promoting quality of life, provide services and activities to maintain the highest practicable physical, mental and psychosocial well-being of residents, and conduct comprehensive assessments of their functional abilities.”  Abuse and neglect can now be treated as a violation of civil rights, more causes of actions can be brought to help lawsuits to hold nursing homes accountable.  Also, hopefully the fear of more causes of action and increased damages exposure will deter nursing facilities from abusing or neglecting their elderly residents. 

The York Law Firm believes the new cause of action for violations of civil rights is a positive step in helping regulate the Nursing Home Industry.  Since one of our specializations is Nursing Home Abuse and Neglect, the new ruling allows our firm to expand our work in this field of law.  We look forward to applying this new ruling to our cases involving county-run Nursing Homes and Assisted Living facilities who have neglected and abused residents. 

York Law Corporation

Sacramento, California

www.yorklawcorp.com

How to Stop a Bully: Tips on Reporting a School Bully

Being bullied in school is one of the most demoralizing experiences your child can face.  Bullying can include any number of behaviors, but is most commonly exhibited through teasing or excluding, name-calling, threatening or hazing, stealing or demanding money, or sexually harassing another student.

As a parent, we want to protect our children from all harms, especially from ones as severe as bullying.  School bullying can lead to injuries, including low-self esteem.  The two main reasons children are bullied is for their appearance or social status.  Bullies pick on people who do not conform to “the norm,” maybe because of how they act, look, or their sexual orientation.  This causes the victimized child to feel bad about him or herself.  Sadly, many children believe that the reason they are bullied means that something’s wrong with them.  Some children become increasingly withdrawn and some even attempt suicide.

So, what can you do when your child is being bullied?

Ignoring the bully is bad advice.  A bully feeds off of reactions.  If the victimized child reacts adversely to the bullying, the bully will see this as a “victory” and continue the behavior.  If the victimized child doesn’t react at all, the bully will treat this as an invitation to continue the aggressive behavior.

Here is better advice.  First, report the behavior to teachers and the school principal immediately.  Make sure to document times, witnesses, and places where your child was bullied.  You will want to report the instance(s) both verbally as well as send a written report (for your personal records) to the teacher and the principal.  If your child has suffered any physical injuries from the bullying, take pictures as evidence and shortly after you notice the injury, have your child write a detailed description of how he or she got it to insure accuracy.

School bullying is against the law in California.  After the notorious shooting at Columbine High School in 1999, which was believed to have been the result of schoolyard bullying, forty-four states expressly banned it.  So, if your child’s teacher and principal do not take action against the bully within a reasonable time, report the bullying to the school district superintendent in writing.  In your letter, outline all instances of bullying and include any other documentation (such as photos) to help prove the bullying exists.  If the school district fails to act, they can be liable for your child’s injury as a result of the school bullying.

Of course, if your child has been physically assaulted, call the police right away.  Depending on the severity of the physical assault, the bully may end up in juvenile detention for inflicting harm on your child.  The police also have the power to mitigate the chances that this will happen again by administering a restraining order against the bully so he or she must keep a safe distance away from your child.

If your child has been physically or sexually assaulted by a bully, contact the experienced personal injury attorneys at York Law Firm.  We will help you obtain justice and protect your child against future instances of bullying.

York Law Corporation
Sacramento, California
www.yorklawcorp.com
Call today: (800) 939-1832
Local: (916) 643-2200

Brain Injuries from Car Crashes

The brain is involved in everything we think, everything we do, and everything we feel.  It acts as an information highway, delivering messages from the brain to different parts of your body.  When someone experiences a brain injury, however, the brain functions are disrupted.  What someone used to be able to perform with ease may now be more difficult or even impossible to carry out.

Traumatic brain injury (TBI) is sudden physical damage to the brain.  In TBIs, some force causes the brain to collide with the skull.  A coup or contracoup injury is a common injury among motor vehicle accident patients, and they are both considered TBIs.  A coup injury occurs when there is a sudden, violent stop that causes the brain to hit the side of the skull.  Countracoup injuries also occurs when there’s an unexpected stop that causes the brain to hit off one side of the skull, and then bounce off the other side of the skull.  Brain damage occurs in both cases because the brain rubs against the inner ridges of the skull.

When two or more large, heavy metal objects strike each other, the risk of brain injury is always a concern.  The interior of a car has many hard surfaces that can be deadly if your head hits any of them.  Coup or contracoup injuries can result from an individual’s head striking the interior door frame or seatbelt anchor, dashboard, or any other hard object within the interior of the car.  Contracoup injuries may also result in brain contusions, where the trauma causes bleeding into the brain.  A contusion is a bruise to the brain tissue.

The attorneys at York Law Firm know how serious brain injuries resulting form motor vehicle accidents can be.  We also realize the financial, emotional, and physical toll it can take on the injured person and his or her loved ones.  This is why we are so passionate about protecting the rights of an injured party.  Contact York Law Firm to find out how we can protect your legal claim and help you obtain just compensation.

York Law Corporation
Sacramento, California
www.yorklawcorp.com
Call today: (800) 939-1832
Local: (916) 643-2200

Motor Vehicle Accidents and their Resulting Spinal Cord Injuries

Spinal cord injuries are one of the most serious and debilitating injuries a person can endure.  A spinal cord injury is any damage or trauma to the spine that results in either a temporary or permanent change in normal motor or sensory functioning.  They are generally caused by injury resulting in compression of the spinal cord.  According to the National Spinal cord Injury Association, 44 percent of all spinal cord injuries are caused by car accidents.  Additionally, approximately 12,000 new cases of spinal cord injury are reported each year in the United States.

Spinal cord injuries from motor vehicle accidents can result in any of the following:

Paraplegia, or loss of voluntary motor function (also known as paralysis) of the lower body, including the legs and often internal organs below the waist.  Although the degree of paralysis can vary from mere impairment of leg movement to complete paralysis of legs, paraplegics have full use of their arms and hands.

Quadriplegia/Tetraplegia. Unlike paraplegics who lose motor function of their lower region, quadriplegics are unable to move both their upper and lower body (arms and legs).  The accurate term to describe quadriplegia is “tetraplegia,” although the term “quadriplegia” is commonly used.  Quadripilegia occurs when the person endures a spinal cord injury located to the top of the spine or backbone.  It typically starts at the upper body, usually at or around the shoulder area, and travels downward.  A quadriplegic may lack sensation in affected areas or lose the ability to control the affected body parts.

Bulging Discs. A bulging disc occurs when a disc bulges through a crevice in the spine when the disc shifts out of its normal position.  Bulging discs result in numbness, tingling in limbs, weakness and back or neck pain.  A disc bulge is often the first step toward a more serious problem known as a herniated disc.

Herniated Discs. A herniated disc, also known as a slipped or ruptured disc, occurs when the tissue that separates the vertebral bones of the spinal column ruptures.  The nucleus is at the center of the disc and absorbs shock from standing, walking, running, etc.  The outer ring of the disc, known as the annulus, holds the nucleus in place.  If the nucleus tissue in the center of the disc is placed under substantial pressure from a car accident, it can cause the annulus to rupture, resulting in numbness in limbs and neck and back pain.  Herniated discs often result in spine surgery.

Spinal cord injuries are serious and can lead to loss of some or all of an individual’s sensation and movement.

If the spinal cord appears to be compressed by a herniated disc, the surgeon may wish to operate on a patient immediately.  Surgery is most commonly performed on patients with incomplete spinal cord injury or with progressive neurological deterioration.  Surgery may also be necessary to stabilize the spine in the area of the spinal cord injury.  During a surgical procedure, metal rods and screws are attached to normal vertebrae and the vertebrae is fused together.

York Law Firm would like to help minimize your suffering.  While we can’t lessen your physical pain, we can help you recover your past and future medical care costs, as well as damages for your pain and suffering, the resulting physical limitations and emotional trauma.

York Law Corporation
Sacramento, California
www.yorklawcorp.com
Call today: (800) 939-1832
Local: (916) 643-2200

The Dangers of Texting while Driving

No one denies the convenience of cell phones.  Lately, text messaging has become a faster, more efficient way to communicate.  Texting seems to be the prevalent mode of communication by Generation Y (people born between the mid 1970s to the early 2000s).

Younger generations nowadays are constantly texting.  Nearly 46% of drivers under the age of 18 admit to sending text messages while driving!

With the texting while driving phenomenon increases, so does the probability of being seriously injured in a motor vehicle accident.  A study by Virginia Tech Transportation Institute concluded that people who send text messages while driving are 23 more times likely to be in a crash than drivers who are not distracted.

It is illegal in the state of California to text while driving.  Governor Arnold Schwarzenegger banned reading or sending text messages while driving.  Texting while driving distracts even the best driver or the fastest texter.  As of 2009, anyone caught texting while driving is fined $20 for the first offense and $50 for subsequent offenses.  Drivers under the age of 18 are prohibited from using any electronic devices while driving.  The law is meant to encourage driving with hands on the wheel and to promote eyes on the road.

Even with the ban on texting, I have personally seen many people (usually younger people) texting while driving.  As a result, their reactions are slowed and their attention is elsewhere, increasing the risk of causing a motor vehicle accident.  Sadly, many people are permanently injured or die because the other party could not wait to send a text message.

If you or someone you love has been injured in a motor vehicle accident whereby the other party was texting while driving, contact York Law Firm.  We can help you obtain the compensation you deserve for your injuries.

York Law Corporation
Sacramento, California
www.yorklawcorp.com
Call today: (800) 939-1832
Local: (916) 643-2200

The Importance of UM/UIM Insurance – Everyone Should Have it!

In California, it is illegal to drive without certain minimum liability insurance requirements.  A driver of passenger vehicles must carry at least $15,000 for injury or death to one person, $30,000 for injury or death to more than one person, and at least $5,000 for damage to property.  In addition, there is optional insurance that protects the driver or owner of a vehicle involved in a motor vehicle crash.  Uninsured driver (UM) protects you and your family if an uninsured driver negligently operates his or her vehicle and causes an accident.

It is no secret that we are experiencing hard economic times.  The unemployment rate in California reached 12.4 percent in May of 2010, nearly an all-time high.  And even though insurance is essential, more and more people are driving without insurance or with minimum coverage.  If they can’t afford insurance, they probably can’t afford to pay for your medical bills or property damage.  Now more than ever, uninsured motorist insurance is increasingly important.  And, it is relatively inexpensive.

Underinsured motorist insurance (UIM) protects you and your family if you are injured by a driver who causes more injuries than his or her insurance can pay.  UIM insurance pays the difference.

So many people nowadays are driving without insurance or too little insurance.  If you or your family gets injured in a motor vehicle accident, you want to ensure that you are covered from all of the uninsured drivers on the road.  If the other driver is driving without insurance or without adequate insurance, you won’t be able to get sufficient recovery to cover your medical bills, lost wages and pain and suffering.

York Law Firm represents clients who have been injured by drivers who have no insurance or who are underinsured.  It is unfair for anyone to have to pay out of pocket for their own injuries because they have had the misfortune of colliding with an uninsured or underinsured motorist, which is why we encourage you to increase your UM/UIM insurance to at a minimum of $300,000.  If you or a family member have been injured by an uninsured or underinsured driver, contact our law office to find out your legal rights.

York Law Corporation
Sacramento, California
www.yorklawcorp.com
Call today: (800) 939-1832
Local: (916) 643-2200

What to do after a Motor Vehicle Accident

You’ve just been involved in a motor vehicle accident.  What now?

Knowing what to do after an auto accident is important, and can mean the difference between recovery and no recovery.  You will likely be “shaken up,” maybe even unable to think.  Here are some tips on what to do.

Of course, if anyone is hurt, call 911.  Immediate medical attention after an injury can prevent it from getting worse.

Also, notify the police.  California requires that the police are notified of any collision before you leave the scene.  Make sure to ask the name of the officer at the scene and write it down as soon as you can for your personal records.

At the scene of the crash, exchange the following information: name, address, phone number, insurance company, policy number, driver’s license and license plate numbers from each vehicle.  If there are any witnesses, take down his or her name and phone number.  A witness will help corroborate your version of events should there be any disagreement on how the crash occurred and who is at fault.  If you can, use a camera to document the damage to your vehicle.  Then, make sure to file an accident report with your Department of Motor Vehicles.

Do not discuss any fault on your part.  If the other driver admits he or she was “in the wrong,” take a mental note of it and write it down a soon as possible.  You want to be freed from liability, and verbatim quotes of admission of fault from the other party can help bolster your case should there later be disagreement about fault.

Contact your insurance agent to notify your insurance company of the accident.  This must be done as soon as possible; failure to notify the insurance company within a reasonable time may result in denial of your claim.  Also, try not to interact with the other party’s insurance company.  No matter how nice or accommodating they may seem, it is their job to minimize your recovery.  It is best to steer clear of the opposing party’s insurance company altogether.

If you are injured by the accident and decide to file a car accident injury claim, find an experienced car accident injury attorney to help protect your legal claim.  An attorney can help you obtain damages for your past and future medical bills, emotional trauma, loss of future income, pain and suffering, and your resulting injuries.  Do not talk to the insurance adjuster – they do not have your best interests at heart.  Insurance adjusters seek to minimize your injuries and pay as little money on claims.

Lastly, make sure you file your claim within the statute of limitations.  The statute of limitation differs depending in the subject matter of your case.  The attorneys at York Law Firm can advise you on the applicable statute of limitations.

Car accident injury claims have complex legal issues that only an experienced personal injury attorney can handle.  The attorneys at York Law Firm have been successful in numerous car accident injury cases and will use all available resources to help you obtain the compensation you deserve.

York Law Corporation
Sacramento, California
www.yorklawcorp.com
Call today: (800) 939-1832
Local: (916) 643-2200

Water, Water Everywhere, but Not a Drop to Drink

Imagine this – you are left in a room with no access to water or you are incapacitated and have had no fluids for several hours or even days.  Worse yet, you are taking medications that also have a diuretic effect and your body is thirsty for fluids.  The only way to replenish any fluids that your body so badly needs is to call for an attendant, but you can’t communicate and no one checks up on you.  What then?

This is too often the case for many nursing home patients.    Dehydration is one of the most common ailments resulting from elder neglect.  It occurs when a patient is not given enough fluids and, as a result, is unable to perform normal body functions.  When a person is dehydrated, his or her body has lost too much fluids and electrolytes.  While dehydration in general is harmful, it is especially so among the elderly as they are more susceptible to contracting urinary tract infections, pneumonia and bed sores.  If the patient is extremely dehydrated, death can occur.

Dehydration can also lead to a severe medical condition called hypernatremia.  Hypernatremia is an electrolyte problem characterized by a decrease in total body water relative to the body’s total sodium levels.  It is caused when the total water intake is less than the total water loss or when a person receives inadequate water intake.  A major symptom of hypernatremia is thirst, but other clinical manifestations can exist including confusion, seizures and coma.  In critical cases, hypernatremia can lead to organ failure.

With nursing homes that are understaffed, overworked, and improperly trained, it is no wonder that dehydration is so prevalent in nursing homes today.  Nursing home patients cannot monitor their fluid intake themselves, often requiring assistance taking fluids.  The responsibility of carefully monitoring and administering necessary fluids to patients falls on the nursing home facility and its employees.

Yet, many nursing home employees do not properly administer fluids to their patients.  This can be a result of carelessness (when employees forget to give their patients fluids), leaving water beyond the reach of their patients, or relying on the patient to drink the water him or herself when the elder is simply incapable of doing so.  They can also create situations which increases the risk of dehydrating the patient, such as exposing the older individual to hot temperatures or not identifying drugs that act a diuretic.  Dehydration can also be caused by excessive fluid losses due to illness, or even side effects from medication.  Diarrhea is the most common cause of dehydration, and vomiting also leads to loss of fluids.

The best way to treat dehydration is to prevent it from occurring.  When patients are bedridden, they cannot be left in their room for hours or days at a time without a nursing home employee carefully monitoring them and administering proper fluids.  They must also be sure not to cause dehydration by leaving patients in hot rooms without water, to make sure all water that is given to patients is within reach and that the patient can drink it (and, if not, the staff must assist the elder), or giving the patient drugs that are diuretics without replenishing the fluids lost.

York Law Firm understands the importance of caring for nursing home patients to enable them to thrive.  When dehydration occurs, injuries resulting reduce their ability to thrive, and may even cause their death.  That’s why York Law Firm is so dedicated to helping patients of nursing home abuse.  If your loved one is a nursing home resident who has suffered injury as a result of dehydration, contact one of our many experienced elder abuse attorney to determine whether you are entitled to recovery.

York Law Corporation
Sacramento, California
www.yorklawcorp.com
Call today: (800) 939-1832
Local: (916) 643-2200