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A class action has been commenced against a California nursing home for treating residents with antipsychotic medications without the proper consent.
The law in California requires nursing homes to ensure that consent for treatment has been received from the patient or a family member.
The lead plaintiff is Kathi Levine, daughter of Patricia Thomas. Mrs. Thomas, who had Alzheimer’s disease was treated with medications including Zoloft, Ativan and Haldol without her daughter’s knowledge or consent. Mrs. Thomas died a few months later and the drugs have been implicated in her death.
The lawsuit makes serious allegations, including the falsification of records. The case raises the issue of how doctors ensure that the law is complied with and that proper consent has been obtained for treatment.
AARP (the American Association for Retired Persons) has joined the lawsuit and will provide lawyers as co-counsel in the action.
This class action is unique in that it addresses treatment consent for incapable persons and seeks liability for failure to abide by legal requirements for consent. Undoubtedly its outcome will be carefully watched, not only by lawyers and lawmakers, but by physicians and others who care for older and incapable persons.
Click here to read the Ventura County Star article.
