Recent Study Concludes that a Personalized Music Playlist has a Positive Outcome on Older Adults with Dementia

Dementia affects over 5 million people in the United States. Facilities that are overworked and understaffed sometimes characterize behaviors of older people with dementia as “resistant behavior.” Nursing homes and long-term care facilities jump to chemical restraints (drugs) to manage what they characterize as “disruptive” behavior of dementia residents, when in reality dementia residents do…

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Discovery Sanctions Issued Against Defense Attorney for Sexist Comment

Federal Judge Paul Grewal from the Northern District of California recently issued an order in a civil rights case against the defense counsel on a Motion Seeking Sanctions and to Compel Discovery when the defense counsel, during a deposition, said it was not “becoming of a woman” to raise her voice during a contentious deposition.…

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Poorly Trained Nursing Home Staff Fail to Identify Sexual Abuse

A state and federal government report found that a nursing home violated mandatory reporting rules and failed to “recognize the behaviors of sexual abuse.” Multiple nurses and staff at the nursing facility witnessed a male resident with dementia sexually abusing female residents with dementia. The nursing home did not take action. Other residents and employees…

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Study Finds Lower Quality of Care at For Profit Nursing Home Chains

In 2012, over half of nursing homes chains were operated by corporate chains. Facilities owned by the largest for-profit chains were reported to have lower quality of care. In a recent study reported by the Official Journal of the Medical Care Section, American Public Health Association, the study concludes that evidence suggests that nursing homes…

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Sixth Circuit Court of Appeals – Family Not Bound by Arbitration Clause

The Sixth U.S. Circuit Court of Appeals held that a deceased Kentucky nursing home resident’s purported agreement to arbitrate against the facility does not block wrongful death claims brought on behalf of his estate. The Court rejected arguments by Richmond Health Facilities – Kenwood and Preferred Partners, Inc. that the Federal Arbitration Act (FAA) gave…

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California Court Issues Order That Health & Safety Code Section 1418.8 Is Unconstitutional

The California Advocates for Nursing Home Reform filed a Petition for Writ of Mandate asking that Health & Safety Code Section 1418.8 be declared unconstitutional.  The legislature enacted Health & Safety Code Section 1418.8 to allow certain incompetent residents residing in skilled nursing facilities or intermediate care facilities receive medical treatment after a physician has…

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Protecting Your Rights in Nursing Homes

As with most life milestones, signing up for a nursing home means filling out a lot of paperwork. In addition to financing, rules and procedures, emergency contacts and vitamin supplements, the nursing home industry also includes sections that protect themselves from wrongful accusation. While this is a smart and prudent business strategy, in the wrong…

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