The Over Prescription of Anti-Psychotic Drugs To Residents of Nursing Homes May Constitute Elder Abuse

Written by Adam Peck Category: Nursing Homes January 23rd, 2013 3 min read

Frail and vulnerable residents of nursing homes throughout California are being dosed with powerful anti-psychotic drugs, leading to painful spasms, tremors, lethargy, a higher risk of harmful falls, infections and even death. Making matters worse, the drugs often cause behavioral problems, leading to even more drugs says California Nursing Home Abuse and Neglect Lawyer Steven Peck

In many nursing homes, anti-psychotics are the drug of choice to subdue residents with dementia. More than 25,000 California nursing home residents — one of every four residents — are given these drugs each day. Many residents are drugged without their consent and without a legitimate medical reason for their use indicates Ventura County Elder Abuse Attorney Peck.

Consider what the Food and Drug Administration had to say in a 2009 alert:

1) Elderly patients with dementia-related psychosis treated with conventional or atypical anti-psychotic drugs are at an increased risk of death.
2)) Anti-psychotic drugs are not approved for the treatment of dementia-related psychosis. Furthermore, there is no approved drug for the treatment of dementia-related psychosis. Health care professionals should consider other management options.

The FDA has also issued its most dire warning — known as a black-box warning — that anti-psychotic drugs cause elders with dementia to die which can cause the family to file a civil lawsuit.

Make no mistake. Anti-psychotic drugs do not treat dementia. They are a treatment for schizophrenia, and other related issues.

Although some nursing homes and assisted living facilities use these drugs only as a last resort, others use them routinely to chemically restrain residents with dementia and so they do not have to devote extra time to their patients.

There is a better way. Caring for individuals who suffer from dementia is difficult, but progressive providers throughout the nation are demonstrating great success in addressing behavioral symptoms of dementia with very little or no use of anti-psychotic drugs.

These facilities use good nursing practices to identify and respond to untreated pain and infections that often go undetected in elders with dementia, because they are unable to communicate effectively, and common sense techniques to make their lives more comfortable. A little caring and compassion can go a long way.

As ombudsman, federal law requires us to speak up about any issue that affects residents in long-term care. This could be legislation, education or anything that affects their quality of life, including misuse of medications. Residents in nursing homes and their representatives have the right to know what medications they are receiving, to be informed of their side effects and to accept or refuse them.

All people in California nursing homes have a legal right to live in the least restrictive environment as possible, including freedom from chemical restraints. Please join us in making “least drugging” the norm, rather than the exception in California nursing homes.

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Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.