In a move that greatly concerns our San Diego elder abuse lawyers, California Governor Arnold Schwarzenegger vetoed SB 303 (Alquist), a landmark bill that sought to reduce the rampant drugging of nursing home residents in California. In doing so, he put the interests of substandard nursing homes and unethical doctors above elder nursing home residents. As advocates of the victims of nursing home abuse and neglect, our California elder abuse lawyers understand the importance of this ruling and the dire repercussions that are carried with it.
SB 303 would have required doctors to inform residents about the dangers of mind-altering drugs and required nursing homes to verify that residents or their representatives had given consent before these drugs could be used.
Misuse of psychoactive drugs has reached epidemic proportions in California. Nearly 60 percent of California nursing home residents are given psychoactive drugs, a 30 percent increase since 2000. If you believe that a family member in a nursing home has been a victim of psychoactive drug misuse, get in touch with one of our California elder neglect attorneys to discuss the details of your case.
Of great concern is the widespread use of antipsychotic drugs, an especially powerful and dangerous class of psychoactive drugs. On a daily basis, California nursing homes give antipsychotic drugs to about 25,000 residents—about one of every four residents—despite their deadly results. The FDA has issued its most dire alert, known as a black box warning, that antipsychotic drugs greatly increase the risk of death for elders with dementia. In the severe case that an improper dose of antipsychotic drugs has resulted in the death of a loved one, our San Diego elder neglect lawyers can help you file a claim and pursue damages for your loss.
In his veto message, the Governor admitted the misuse of antipsychotic drugs is a pervasive problem in nursing homes. He cited a recent study that found more than half of residents on antipsychotics are being drugged outside federal guidelines, yet vetoed the bill anyway. As experienced California elder negligence attorneys who have witnessed the effects of this kind of drug misuse first-hand, we hope that proper legislation that addresses this issue will be passed in the near future.
California nursing home residents are dying due to misuse of these drugs. This point was most recently made during Assembly floor debate on SB 303 when Assembly Member Diane Harkey (R – Dana Point) stated that her mother died prematurely after being excessively drugged in a nursing home without consent. Her experience mirrors what happened at Kern Valley Healthcare District, when 22 residents were overmedicated with psychoactive drugs despite no informed consent having been given. Three residents were killed as a result of the medications, spurring Attorney General Jerry Brown to file criminal elder abuse charges against the facility’s administrator, director of nurses, pharmacist, and medical director.
Berman & Riedel, LLP is a San Diego based elder abuse and neglect law firm that represents victims of nursing home abuse throughout the state of California. If you are concerned that an elderly loved one is suffering from abuse or neglect in a nursing home or other type of elder care facility, call the San Diego elder negligence lawyers Berman & Riedel, LLP today at (858) 350-8855. One of the firm’s nursing home attorneys will be more than happy to provide you and your family with an initial free consultation to discuss with you any questions or concerns you may have regarding your loved ones care. To learn more about the California elder abuse attorneys at Berman & Riedel, LLP, visit the firm’s main website at www.preventelderabuse.com.
