The First Circuit Court of Appeals has reinstated a plaintiff’s pre-mortem pain and suffering claim that was initially dismissed by the district court. The claim is part of a 2014 case involving a woman who had been transferred to a New York City nursing home after hospitalization for severe respiratory distress and pneumonia, where she eventually died of cardiac arrest due to severe septic shock. The claim is dependent on evidence of the decedent’s mental state prior to her death.… Read the rest
According to a report by the nonprofit news organization FairWarning, nursing homes across the country have been found to operate kitchens with major health code violations. Over the course of five months, the reporters investigated conditions in nursing home kitchens across the country and found major failures of hygiene. This has been found to be an issue across the country, with unsanitary conditions apparently being common throughout the nursing home industry.… Read the rest
According to the Leapfrog Hospital Safety Grade (LHSG) report, there are thousands of people that die each year as a result of bedsores. In light of this, LHSG rated hospitals based on frequent incidents of life-threatening bedsores developing in patients. Coney Island Hospital had the worst rating in the United States with 1.35 patients in every 1,000 patients discharged having a life-threatening bedsore.… Read the rest
Bedsores or pressure wounds often develop in patients that are stationary for extended periods of time, due to a lack of blood flow to a specific area of the body. Unfortunately, bedsores are one of the first signs of neglect. Usually, bedsores are located in areas such as the back, tailbone, and shoulders. The constant pressure placed on these areas constricts blood flow and causes a wound, which may expose muscle and bone. These wounds can lead to a life-threatening infection if they are not diagnosed and treated in a timely manner.… Read the rest
According to Law 360, a recent lawsuit filed on behalf of Alfonzer Patrick against Virtua Health, Care One LLC and Kessler Institute of Rehabilitation, alleges that the center caused or contributed to his death when he developed severe bedsores that caused him to go into septic shock. According to the lawsuit, Mr. Patrick had undergone spinal surgery at Marlton Rehabilitation Hospital and was then transferred to different facilities where staff failed to provide adequate and aggressive treatment for his bedsores.… Read the rest
With the elderly population continuing to grow, nursing homes and assisted living facilities are playing a more vital role in today’s society. Many elderly residents have medical problems ranging from long-term illnesses to cognitive impairments. Oftentimes, the staff members in these facilities fail to provide proper care to the patients for ailments such as bedsores.… Read the rest
NBC recently reported that a family filed a nursing home neglect lawsuit on behalf of their elderly loved one against Woodcrest Health Center in New Milford, New Jersey and its parent company, Care One. The claimants released graphic photos alleging that the nursing home staff ignored the elder’s calls to use the restroom, so the resident — who suffers from Alzheimer’s disease — used her hands to wipe herself, inadvertently smearing excrement on her face, body, bed and tray of food. The family cites understaffing as a contributing factor in the elderly resident’s neglect. The family also claims that there … Read the rest
Families for Better Care, a Florida based nursing home resident advocacy group, published the first ever state by state nursing home report card. New York received a failing grade and was ranked 45th in the nation. New York was the only state on the eastern seaboard that received a failing grade. The state failed half of the measures and mustered only one above average grade. Direct care staff hours and professional nurse services graded particularly poorly.
New York’s nationwide nursing home standing is similar to its highway’s 46th place finish in the 20th Annual Report on the Performance of State … Read the rest
Every year the Long Term Care Community Coalition (LTCCC), a nonprofit that monitors nursing homes and assisted living facilities, publishes a report card on the previous year’s performance of the various government entities charged with protecting New Yorkers who rely on long term care services.
LTCCC just released its report for 2010, with mixed findings. LTCCC was impressed with the aggressiveness of New York State Attorney General’s Office (A), Office for the Aging (A-) and Medicaid Inspector General (A) in combating nursing home neglect and abuse.
LTCCC found that both the State Senate (D-) and State Assembly (C) were essentially … Read the rest
With little notice and without a public comment period, a Bush administration change in federal rules on nursing home inspections will have the practical effect of forcing litigants to go to greater lengths, including seeking court orders, to get inspection reports or depositions for cases they are pursuing or defending.
The new rule generally prohibits state health departments and contractors from participating in private lawsuits involving facilities that are in the federal assistance program. The rule accomplishes this by reclassifying state employees who inspect nursing homes for the federal government as federal employees who are not allowed to provide “privileged” … Read the rest