ATTORNEY NEWSLETTER
Allegedly Drugged To Prevent Wandering
Patient Received Sedatives Without Physician Consultation
Family Brings Wrongful Death Suit
A very dangerous, and sadly common, behavior pattern of Alzheimer sufferers and persons with other forms of dementia is wandering away, also known as elopement. Responsible facilities use alarm systems to alert staff when a resident leaves the building. But some facilities just keep patients too sedated to wander off. Using sedatives to immobilize a patient is against the law because that type of sedation constitutes a “chemical restraint” of a patient which is as illegal as physical restraints. Cal. Weld. & Inst. Code § 15610.63(f). If someone you love has been injured as a result of wandering off from a nursing facility or away from a caregiver in the San Francisco Bay Area call us today at 415-441-8669, and we can help. We will pursue all persons responsible for a senior’s injury under the Elder Abuse Act, Cal. Welf. & Inst. Code § 15600 et seq. including recovery of attorneys’ fees and expenses for bringing suit under Section 15657 of the Act. Our toll-free number is 1-888-50EVANS (888-503-8267).
Alleged Death From Overmedication
In a recent case[1] covered in the news, a California nursing home has been accused of drugging a new patient to stop him from wandering off, eventually killing him with a heavy regimen of medication, according to a wrongful death lawsuit filed by his daughter. “My father’s last days were spent in horrific conditions with people who were supposed to provide care for him and instead abused and neglected him,” his daughter recently stated. The victim had leukemia and a mild cognitive impairment when he arrived at the nursing home with an “adequate” treatment plan from his doctors — nearly a month before his death on Jan. 7, 2023, a wrongful death complaint alleges. According to the complaint, the treatment plan was not followed, including regular help with daily activities and supervision “to protect him from wandering off, falls, and other safety hazards,” the complaint says. The nursing home’s staff knew the patient was likely to wander and obtained a doctor’s order to give him two medications “as needed”: Ativan, a sedative and anxiety medication, and morphine, a pain-relieving opioid, according to the complaint. The doctor had to approve each dose given to him, but the nursing home’s staff is accused of not consulting with the doctor. Instead, the complaint alleges, the home began “chemically restraining” him with drugs. “I was never told that the facility was administering to my dad unauthorized and lethal doses of sedatives like Ativan,” his daughter stated. She is suing the nursing home and its owner on several claims, including dependent neglect, negligence, and negligent infliction of emotional distress.
Preventing Elopement
Wandering does not have to be prevented with dangerous, illegal, chemical restraints. Monitoring technology that can help provided facilities and caregivers is available. Bracelets that lock exits when a resident walks by are fairly common. Shoes with GPS chips send alerts if the wearer walks beyond certain programmed coordinates. Supervised walks are also helpful because they allow the patient a beneficial walk out in the fresh air and sunshine. Many patients wander because they simply are sick of being inside, and an accompanied walk outdoors can restore their spirits. If you are in the process of evaluating a facility for an older loved one with Alzheimer’s make sure they are fully licensed and adequately staffed. Much nursing home abuse and injury arises from neglect, abandonment or elopement due to understaffing.
Contact Us
If you have a loved one injured from elopement or any other kind of elder abuse or neglect, contact Ingrid M. Evans and the other elder and nursing home abuse attorneys at the Evans Law Firm at (415) 441-8669, or by email at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>.
[1] Evans Law Firm, Inc. is not involved in the case in any way,
