• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
(914) 220-1086

Law Offices of Thomas L. Gallivan, PLLC

Just another WordPress site

  • Home
  • About
    • Attorney Profiles
      • Daniel F. Gallivan
      • Thomas L. Gallivan
      • James C. Freeman
      • Andrew J. Gilbride
    • Testimonials
  • Practice Areas
    • Personal Injury
      • Car Accident Lawyers
        • Lawsuits and Settlements
        • Distracted Driving Accidents
        • After a Car Accident
        • Passenger in a Car Accident
        • How To Get Compensation
        • Uninsured Motorist Accidents
      • 9/11 Victim Compensation Fund Lawyers
      • Burn Injury Lawyers
      • Bus Accident Attorneys
      • Pedestrian Accident Lawyers
      • Slip & Fall Lawyers
      • Spinal Cord Injury Lawyers
      • Traumatic Brain Injuries
      • Truck Accident Lawyers
        • Delivery Truck Accidents
      • Wrongful Death Lawyers
      • Motorcycle Accident Lawyers
      • Uber Accident Lawyers
    • Nursing Home Abuse
      • Bedsores and Pressure Ulcers
      • Brain Bleeds
      • Bruises and Cuts
      • Elopement
      • Falls & Broken Bones
      • Group Home Abuse
      • Infections
      • Malnutrition
      • Medication Errors
      • Physical Abuse
      • Wrongful Death
    • Medical Malpractice
      • Birth Injury
      • Emergency Room Negligence
      • Failure to Diagnose
        • Stroke and Heart Attack
        • Lymphoma
        • Leukemia
        • Cancer
        • Breast Cancer
        • Colon Cancer
        • Prostate Cancer
        • Kidney Cancer
      • Hemiparesis
      • Gastric Bypass Malpractice
      • Medication Errors
      • Meningitis
      • Neurological Injuries
      • Statute of Limitations
    • Criminal Defense
  • Blog
  • Results
    • Medical Malpractice Results
    • Nursing Home Abuse Results
    • Personal Injury Results
  • Resources
    • Videos
    • Nursing Home Citation Map
    • Nursing Home Citations
    • Westchester County
      • Westchester County Accident Lawyer
      • Westchester County Contingency Fee Lawyers
      • Westchester Nursing Home Abuse Lawyers
    • New Rochelle
      • New Rochelle Car Accident Lawyers
    • Mamaroneck
  • Contact Us
  • Home
  • About
    • Attorney Profiles
      • Daniel F. Gallivan
      • Thomas L. Gallivan
      • James C. Freeman
      • Andrew J. Gilbride
    • Testimonials
  • Practice Areas
    • Personal Injury
      • Car Accident Lawyers
        • Lawsuits and Settlements
        • Distracted Driving Accidents
        • After a Car Accident
        • Passenger in a Car Accident
        • How To Get Compensation
        • Uninsured Motorist Accidents
      • 9/11 Victim Compensation Fund Lawyers
      • Burn Injury Lawyers
      • Bus Accident Attorneys
      • Pedestrian Accident Lawyers
      • Slip & Fall Lawyers
      • Spinal Cord Injury Lawyers
      • Traumatic Brain Injuries
      • Truck Accident Lawyers
        • Delivery Truck Accidents
      • Wrongful Death Lawyers
      • Motorcycle Accident Lawyers
      • Uber Accident Lawyers
    • Nursing Home Abuse
      • Bedsores and Pressure Ulcers
      • Brain Bleeds
      • Bruises and Cuts
      • Elopement
      • Falls & Broken Bones
      • Group Home Abuse
      • Infections
      • Malnutrition
      • Medication Errors
      • Physical Abuse
      • Wrongful Death
    • Medical Malpractice
      • Birth Injury
      • Emergency Room Negligence
      • Failure to Diagnose
        • Stroke and Heart Attack
        • Lymphoma
        • Leukemia
        • Cancer
        • Breast Cancer
        • Colon Cancer
        • Prostate Cancer
        • Kidney Cancer
      • Hemiparesis
      • Gastric Bypass Malpractice
      • Medication Errors
      • Meningitis
      • Neurological Injuries
      • Statute of Limitations
    • Criminal Defense
  • Blog
  • Results
    • Medical Malpractice Results
    • Nursing Home Abuse Results
    • Personal Injury Results
  • Resources
    • Videos
    • Nursing Home Citation Map
    • Nursing Home Citations
    • Westchester County
      • Westchester County Accident Lawyer
      • Westchester County Contingency Fee Lawyers
      • Westchester Nursing Home Abuse Lawyers
    • New Rochelle
      • New Rochelle Car Accident Lawyers
    • Mamaroneck
  • Contact Us
Call
Contact
Blog
Home  /  Falsifying Records  /  Bombshell Report: “Phony” Diagnoses Behind Nursing Home Druggings

Bombshell Report: “Phony” Diagnoses Behind Nursing Home Druggings

pills 2333023 340

by Law Offices of Thomas L. Gallivan, PLLC 14 Sep2021

Nursing homes are over-diagnosing patients with schizophrenia in order to conceal the high rates at which they’re prescribing antipsychotic medications, according to a recent report by the New York Times. Schizophrenia diagnoses among nursing home residents have “soared” as much as 70% since the federal government started making public disclosures of antipsychotic drug prescriptions in 2012. These prescriptions factor into nursing homes’ funding and ratings: nursing homes that prescribe them at high rates can receive lower ratings from the government, which in turn can affect their funding.

Because the government doesn’t disclose antipsychotic medication diagnoses for residents with schizophrenia, the Times’ analysis shows, these high diagnosis rates are “obscuring” the actual number of residents on potentially risky medications. Antipsychotic medications can be especially hazardous for nursing home residents suffering from dementia, increasing the odds they might experience “heart problems, infections, falls and other ailments.” According to the report, nursing homes rely on these medications’ sedative effects on dementia-stricken patients because otherwise they would need to hire more staff to handle the people under their care.

The Times describes one “restless and agitated” patient, 63 years old, who was given a schizophrenia diagnosis and an antipsychotic prescription even though he had no record of schizophrenia. Over the subsequent eight months of “round-the-clock sedation,” he suffered “devastating weight loss, pneumonia, and severe bedsores that required one of his feet to be amputated.” Then he died.

Among the broader population, according to the Times, approximately one out of every 150 people suffer from schizophrenia. Data analyzed by the newspaper shows that among the 1.1 million nursing home residents in the United States, that rate is one out of every nine people. This high rate is notable because people who suffer from schizophrenia typically receive a diagnosis before they reach 40. The Times based its analysis on “unfiltered” Medicare data and nursing home-specific data shared by an advocacy group that acquired the files via a public records request. In total, “at least 21%” of nursing home residents are currently using antipsychotic medications, a sum of approximately 225,000 residents.

The unnecessary use of antipsychotic medications can have tragic costs. As the Times notes, studies show that these medications can cause drowsiness in elderly people, which increases the odds they might fall and suffer injuries. Patients suffering from dementia, when on antipsychotic medications, can suffer heart problems and a “nearly doubled” risk of death. Partly in consideration of these risks, Medicare began requiring nursing homes to disclose their rates of antipsychotic prescriptions and factoring this information to its quality of care scores for nursing home. The exception to these reporting requirements, however, are patients with schizophrenia, Tourette’s syndrome, and Huntington’s disease, according to the Times.

pill

Why would nursing homes make erroneous schizophrenia diagnoses and prescribe unnecessary, dangerous medications? Perhaps because patients with behavioral issues are easier to manage when they’re sedated. Studies cited by the Times show that “the worse a home’s staffing situation, the greater its use of antipsychotic drugs,” implying that “some homes are using the powerful drugs to subdue patients and avoid having to hire extra staff.” An analysis of inspection records by the newspaper found “5,600 instances of inspectors citing nursing homes for misusing antipsychotic medications,” though the vast majority of these citations were not assigned a level of severity that would affect the nursing home’s rating, and planned Medicare initiatives for “targeted inspections to examine the issue of false schizophrenia diagnoses” have been delayed by the coronavirus pandemic.

Another consequence of the government’s requirement that nursing homes report antipsychotic usage: the increase in prescriptions of non-antipsychotic medications that have similar effects. One such medication is Depakote, typically prescribed for bipolar disorder and epilepsy, which also has dangerous drowsiness-inducing effects. According to the Times, prescriptions of anti-seizure medications like Depakote increased 15% in nursing homes from 2015 to 2018, while antipsychotic prescriptions declined by roughly the same amount. One psychiatrist who conducted research into these figures told the Times, “The prescribing is far higher than you would expect based on the actual amount of epilepsy in the population.”

A lawsuit filed against Depakote’s manufacturer alleges that in the early 200s it “began falsely pitching the drug to nursing homes as a way to sidestep the 1987 law prohibiting facilities from using drugs as ‘chemical restraints.'” The lawsuit was filed by a former saleswoman for the manufacturer; it was settled in 2012. There is still no requirement that nursing homes report drugs like Depakote, despite requirements that they report antidepressants, anti-anxiety medications, and other drugs with similar effects.

Questioned about the high diagnosis and prescription rates, a spokesperson for the Centers for Medicare and Medicaid Services said the agency is “concerned” about the trend and that “It is unacceptable for a facility to inappropriately classify a resident’s diagnosis to improve their performance measures.” A spokesperson for a for-profit nursing home group suggested nursing homes’ physicians are responsible for the improper diagnoses, though the Times noted these physicians “often work in partnership with the nursing homes.”

More information on the high rates of schizophrenia diagnoses and antipsychotic medication prescriptions in nursing homes is available via the New York Times.

The attorneys at the Law Offices of Thomas L. Gallivan, PLLC work diligently to protect the rights of nursing home residents.  Please contact our New York nursing home abuse lawyer to discuss in the event you have a potential case involving neglect or abuse.

Posted in: Falsifying Records, Medical Malpractice, Medication Errors, Neglect, Nursing Home Abuse, Nursing Home Lawsuits, Nursing Home Violations, Understaffing

Primary Sidebar

Get In Touch

Practice Areas

  • Personal Injury
    • Wrongful Death
    • Motor Vehicle Accidents
    • Trucking Accidents
    • Pedestrian Accidents
    • Construction Accidents
    • Scaffolding Accidents
    • Slip, Trip & Falls (Premises Liability)
    • Negligent Supervision at a School or Day Care
    • Sidewalk Falls
    • Elevator Accidents
    • Train and Subway Accidents
  • Nursing Home Abuse
    • Bedsores (Pressure Ulcers)
    • Falls & Fractures
    • Malnutrition and Dehydration
    • Physical and Sexual Abuse
    • Wandering & Elopement
    • Unexplained Bruises and Cuts
    • Infection
    • Choking Incidents
    • Medication Errors
    • Group Homes
    • Assisted Living Facilities
  • Criminal/DWI Defense
    • DWI (Driving While Intoxicated)
    • Criminal Defense
    • Traffic Violations
    • DMV Refusal Hearings
    • Sex Crimes
    • Shoplifting & Larceny
    • Assault & Vehicular Assault
    • Drug Possession
    • Drug Sales
    • Weapons Charges
    • Domestic Violence
    • How is a DWI Defined in New York?
    • Is the Driver’s License Confiscated Immediately Upon a DWI Arrest?
  • Medical Malpractice
    • Failure to Diagnose Cancer
    • Birth Injuries (Gynecological, Obstetrical)
    • Medication Errors
    • Surgical Errors
    • Gastric Bypass Surgery Errors
    • Emergency Room Errors
    • Failure to Diagnose Heart Attack or Stroke
    • Cerebral Palsy
    • Erbs Palsy Birth Injury
  • Trusts + Estates
    • Wills & Trusts
    • Divorce, Child Support, Custody Issues
    • Elder Law
    • Estate Planning
    • Guardianships
    • Medicaid-Planning
    • Power of Attorney / Health Care Proxy
    • Probate and Estate Administration
    • Surrogate Court Litigation
    • Real Estate
    • Business Formation
    • Wills
    • Will Contests

View All Practice Areas

View All Blogs

CLIENT TESTIMONIALS

" Last year I was injured in an accident, and for the first time, needed the advice of an attorney regarding how to proceed. I was referred to Thomas Gallivan through a family member who is a lawyer in Massachusetts. I am beyond pleased with how Thomas handled my case. He was knowledgeable, professional, and although the case was not as straightforward as some, he used every resource to ensure a positive outcome. Thomas communicated with me regularly and I felt completely informed and confident in his ability. He expertly negotiated a fair settlement that I was very happy with. The entire experience was extremely positive, during a stressful time for me. Thank you Thomas. "

Melanie

" Attorney Thomas Gallivan is a wonderful attorney!! I particularly liked his professionalism, consistency, always kept us updated on the case, and available upon request. He worked extremely hard and was persistent on getting the best settlement in a timely matter. I truly appreciated his prompt responsiveness to emails and phone calls. The office staff was very pleasant and made sure to get messages to him asap. Glad we chose this law firm, would highly recommend and in the event that we ever need an attorney again, Gallivan & Gallivan would be my primary choice. "

Katherine R.

" I was a passenger on a motorcycle and ended up falling off the back of the bike due to the driver acting like an idiot. I fell off at a high rate of speed and was very banged up. Fractured wrist and road rash down my back and elbows. I am lucky I didnt die. Not knowing what to do I contacted Thomas and he could not have been anymore helpful!! He went out of his way to meet with me. He actually came to my house for the initial consultation. I know nothing about law or what my options even were. He took me through everything step by step. "

Colin W.

View All Testimonials

245 Main St Suite 450 White Plains, NY 10601

Phone:
(914) 220-1086

Fax:
(516) 394-4229

555 5th Ave 14th Floor
New York, NY 10017

Toll Free:
(855) 228-7369

(By Appointment Only)

1370 RXR Plaza
Uniondale, NY 11556

Phone:
(914) 594-6820

Fax:
(516) 394-4229

12 1st St
Riverhead, NY 11901

Phone:
(914) 825-5855

Fax:
(516) 394-4229

Personal Injury

  • Pedestrian Accident Lawyers
  • Slip & Fall Injury Lawyers
  • Wrongful Death Lawyers
  • Personal Injury Lawyers
  • Construction Accident Lawyers
  • Westchester County Personal Injury Lawyer

Nursing Home Abuse

  • Nursing Home Abuse Attorney
  • Bedsores Lawyer
  • Brain Bleeds
  • Bruises and Cuts
  • Elopement
  • Falls & Broken Bones
  • Group Home Abuse
  • Infections
  • How to Report Nursing Home Abuse

Car Accidents

  • Car Accident Lawyers
  • Car Accident Settlements
  • Distracted Driving Accidents
  • Truck Accident Lawyers
  • Delivery Accident Lawyers
  • Uber Accident Lawyers

Medical Malpractice

  • Medical Malpractice Lawyers
  • Emergency Room Negligence
  • Medication Errors
  • Neurological Injuries
  • Orthopedic Malpractice
  • Ophthalmology Errors
  • Failure to Diagnose
    • Heart Attack or Stroke
    • Leukemia
    • Cancer
    • Bladder Cancer
    • Breast Cancer
    • Colon Cancer
    • Skin Cancer

Birth Injury

  • Birth Injury Lawyers
  • Erb’s Palsy
  • Birth Asphyxia
  • Cerebral Palsy
  • Sepsis Infections
  • Neonatal Infections
  • Brachial Plexus
  • Hypo-Ischemic Encephalopathy
  • Shoulder Dystocia
  • Jaundice
  • Encephalomalacia

Helpful Content

  • Stage 4 Bedsore Lawsuits and Settlements
  • Nursing Home Abuse Citation Map
  • Signs of Nursing Home Abuse
  • Riverhead NY Injury Lawyers
  • White Plains Accident Lawyers

Footer

  • Personal Injury
  • Nursing Home Abuse
  • Medical Malpractice
  • Car Accidents

ATTORNEY ADVERTISING

Copyright © 2022, Law Offices of Thomas L. Gallivan, PLLC | Sitemap