The Nursing Home Shell Game: Holding Wrongdoers Accountable

Posted on September 22, 2010 by Stark & Stark

David R. Cohen, Chair of Stark & Stark’s Nursing Home Litigation Group, authored an article for the September 13, 2010 edition of the New Jersey Law Journal entitled, The Nursing Home Shell Game: Holding Wrongdoers Accountable.

The article discusses how long term care facilities avoid liability through the use of a dizzying array of shell corporations and deplete Medicaid dollars from resident care. Mr. Cohen provides an overview of this complex structure with an analysis and offers insight as to what are the proper and improper structures of health care corporations.

You can read the full article online here. (PDF)

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Independent Living Resident Dies After Unanswered Call for Help

Posted on September 3, 2010 by Michael A. Brusca

The Milwuakee Wisconsin Journal Sentinel reported this disturbing story.  A woman died after bleeding to death when her emergency pull cord located in her “independent living” apartment went unanswered for four hours.  Apparently the nurse aide who was working at the time shut off the sound alarm, disregarded a phone call from another resident who heard the alarm, and went back to watching television while the woman was bleeding to death.

What is also remarkable about this story is that the woman lived in what was deemed an “independent living” building.  The same facility also included assisted living units and a nursing home.  The state Department of Health Services was asked if they were getting involved in the case.  Unfortunately, that agency does not oversee “independent living” apartments.  Since the District Attorney did not find any crime they could prosecute, it appears that the only one who can punish this facility is the family suing.

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