Senior care malpractice is a major issue today because of the increased incidences of nursing home negligence, improperly prescribed drugs and improper arthritic care. These are some of the most vulnerable people in our society and they are being marginalized, in some cases improperly medicated and endangered every day. They are also growing in numbers and more and more of the issues will become prevalent in the future.
Among the most dangerous issues facing seniors is the number of new medications with dangerous side effects that are being prescribed. In some cases, these medications are not even being correctly prescribed; rather they are being prescribed “off label” or for unapproved uses. In some cases, seniors with dementia are being treated with heavy anti-psychotic drugs like Zyprexa, Seroquel, Risperdal and Clozaril which are approved for treating schizophrenia and depression related to bipolar disorder. Several studies were done on the effect of these drugs on elderly patients, and in 75% of those studies there was a marked increase in mortality from heart failure and respiratory ailments like pneumonia. In April of 2005 the FDA issued a specific public advisory that warned doctors about prescribing these powerful medications for off-label purposes. In fact, this kind of activity could open them up to medical malpractice.
Another major area of senior malpractice is occurring in nursing homes throughout the United States. These homes and facilities have become a more and more popular option for the elderly in the last ten years. The assisted living industry continues to grow in leaps and bounds and has increased by approximately 48% since the late nineties. Nursing homes and assisted living facilities can appear to be a welcome and relieving option to families with an older person who is dependent on them for their care and attention. These facilities should be offering the kind of 24 hour care they need but in some cases these facilities are not sufficiently caring and are in fact engaging in nursing home abuse or nursing home negligence. In some cases seniors are not getting the correct medications and are being cared for by improperly trained staff (who are cheaper to keep on the payroll). In many cases, these nursing homes are also severely understaffed and in some the seniors are mistreated, ignored, underfed and poorly looked after.
Finally, so many seniors suffer from arthritis that tragically, they were some of the hardest hit when the problems with Cox 2 Inhibitors were raised in the marketplace. Cox 2 Inhibitors were potentially a miracle drug for those with various forms of arthritis because they supposedly offered all of the benefits of the successful NSAID drugs without the side effects of gastrointestinal distress and ulcers. The medications were heavily marketed to the baby boomer age group and it wasn’t until Vioxx had been on the market for some time that the serious health risks it posed were finally made clear. By the time Vioxx was pulled from the market, one study alone had linked over 25,000 heart condition related deaths to Vioxx.
Seniors need care and they deserve to be treated well. They have the right to have good medical care and advice and to be cared for with respect and dignity in nursing home and facilities. If you or someone you love has been the victim of senior care malpractice, you should contact a qualified medical malpractice attorney.