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MODESETT WILLIAMS PLLC

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AUSTIN, TX 78701

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Jack's Take on the Bill that would Crack Down on Bad Nursing Homes

Modesett Williams - Tuesday, February 28, 2017

Read the Austin American-Statesman article about Senate Bill 932 here. The bill was filed by State Senator Charles Schwertner on Thursday, February 16, 2017.


Jack Modesett has spent twenty-five years representing patients who have suffered abuse in the long-term care setting. He feels that Senator Schwertner is to be congratulated for his work on behalf of some of our most vulnerable citizens, but he knows there is still work to be done in protecting these people.


The two agree that nursing home operators must be held accountable for their acts of malfeasance. In handling hundreds of these cases across Texas, Jack has seen every kind of horror one can imagine and recognizes that these types of abuses and neglect occur all too frequently in nursing homes. He asserts that this will continue as many nursing home operators have used recent changes to Texas law to "associate" with county hospitals and then claim Tort Claims Immunity. These "associations" are a sham and change nothing about how the homes are operated or who really operates them; some of the "associations" are with county hospitals that are not within a hundred miles of the home.


If Jack can offer any assistance in representing these victims, holding nursing home operators accountable, or improving the long-term care industry, Modesett Williams stands ready.

CNN: Over 1,000 Nursing Homes Cited for Mishandling and Failing to Prevent Sexual Abuse

Modesett Williams - Wednesday, February 22, 2017

CNN investigation published: February 22, 2017


"The unthinkable is happening at facilities throughout the country: Vulnerable seniors are being raped and sexually abused by the very people paid to care for them.


"It's impossible to know just how many victims are out there. But through an exclusive analysis of state and federal data and interviews with experts, regulators and the families of victims, CNN has found that this little-discussed issue is more widespread than anyone would imagine.


"Even more disturbing: In many cases, nursing homes and the government officials who oversee them are doing little - or nothing - to stop it.


"Sometimes pure - and even willful - negligence is at work. In other instances, nursing home employees and administrators are hamstrung in their efforts to protect victims who can't remember exactly what happened to them or even identify their perpetrators.


"In cases reviewed by CNN, victims and their families were failed at every stage. Nursing homes were slow to investigate and report allegations because of a reluctance to believe the accusations - or a desire to hide them. Police viewed the claims as unlikely at the outset, dismissing potential victims because of failing memories or jumbled allegations. And because of the high bar set for substantiating abuse, state regulators failed to flag patterns of repeated allegations against a single caregiver.


"It's these systemic failures that make it especially hard for victims to get justice - and even easier for perpetrators to get away with their crimes."


Continue reading about the mishandling and lack of prevention of rape, sexual assault and sexual abuse cases in nursing homes here:

http://www.cnn.com/interactive/2017/02/health/nursing-home-sex-abuse-investigation/

Medical Errors Now 3rd Leading Cause of Death in U.S.

Modesett Williams - Friday, May 13, 2016

CBS News has also reported on the study from scientists at Johns Hopkins, saying that, "Medical errors, including wrong diagnoses, botched surgeries and medication mistakes, are the third leading cause of death in the United States..."


Continue reading here: http://www.cbsnews.com/news/medical-errors-now-3rd-leading-cause-of-death-in-u-s-study-suggests/

Antipsychotics used to Tame Residents

Modesett Williams - Wednesday, April 08, 2015

Growing old: it is something we all must face one day, but now, with more caution than before. Nursing homes have been under scrutiny for their abuse of prescribing antipsychotic drugs to control their residents. Specifically, a study conducted by the United States' government in 2008 revealed that "88 percent of Medicare claims for antipsychotics prescribed in nursing homes were for treating symptoms of dementia, even though the drugs aren't approved for that". Not only are antipsychotics not approved for individuals with dementia, they are highly warned against, as they have been proven to increase the risk of infection, heart failure, and death. 


So why are nursing homes unnecessarily prescribing these dangerous drugs? Many claim the reason that nursing homes are turning to antipsychotic drugs to control patients is because the homes are significantly understaffed. Unable to be provided sufficient care, nursing home residents become more restless. The staff in turn controls this restlessness with drug abuse. In addition, patients with dementia, Alzheimer's, and related diseases often suffer from increased levels of aggression and anxiety, and antipsychotic drugs have been said to suppress these symptoms. However, the suppression has been described as "mind-numbing", leaving patients in a state of confusion.


The government has become involved in the efforts to alleviate this drug-abuse issue: in 2011, the U.S. government committed to reducing antipsychotic drug use in nursing homes by 15% within one year. However, the campaign lasted two years and then left over 300,000 nursing home residents still prescribed to these drugs. Requiring informed consent has also been a mechanism used to reduce this abuse. However, nursing homes have often found ways around this required consent as many residents and  family members were unaware of the prescription drugs. Obviously, this is an issue that needs to be legally addressed. If you suspect your loved one has suffered from any sort of abuse in a nursing home, call us immediately for a free consultation at 512-472-6097.


The full article is available at: www.npr.org/blogs/health/2014/12/08/368524824/old-and-overmedicated-the-real-drug-problem-in-nursing-homes

Nursing Home Deaths Improperly Reported

Modesett Williams - Wednesday, March 25, 2015

This past Saturday, an elderly woman was found dead at the bottom of a staircase while still strapped into her wheelchair at a nursing home in Illinois. The nurse who found her failed to contact the authorities to report her death. The woman claimed that she did not call the police because she was afraid of loosing her job. Belleville Nursing Home, the location of this occurrence, maintains a one-star rating by Medicare, a nursing home ranking system managed by the federal government. It is also worth mentioning that the woman who owns the Belleville Nursing Home also owns 10 other nursing homes with 1 star ratings.


Atypical nursing home deaths like these often go improperly reported. Take, for example, the case of an elderly man named Mister Giles. Mr. Giles wandered off from his nursing home and was found frozen to death in a nearby creek. The staff of the nursing home in which he was residing neglected to inform the authorities of Mr. Giles' disappearance in a timely manner. Tragic incidences like these occur far too often. Proper reporting methods for nursing home deaths need to be created and enforced in order to minimize tragedy.


The following is a link to the full report: www.bnd.com/2015/03/21/3724900_owner-operates-11-nursing-homes.html?rh=1


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