As the Brain Injury Association of America embarks upon Fall Prevention Month, it is important to highlight the high incidence of head injuries sustained by the elderly in preventable falls in nursing homes. Nursing home facilities are required to provide residents with a safe and hazard-free environment including attention to fall prevention, because it is known to them that a high risk of falls exists for this population. Unfortunately, research shows between 16% and 27% of nursing home falls are caused by factors such as dim lighting, slippery floors, broken equipment, and unclear walkways. Incorrect bed heights and faulty bed rails account for almost 30% of all nursing home falls. These are items easily remedied by nursing homes that often go unmanaged.
Continue Reading Nursing Homes and Fall Prevention Month
Stark & Stark
You deserve to work with a law firm that offers integrity, reliability and a personal commitment to finding the right solutions for the challenges and opportunities you face every day. Since 1933, Stark & Stark has developed innovative legal solutions to meet our clients’ needs. More than 100 attorneys, over 30 practice areas, and a philosophy of putting the law to work for our clients is the basis from which we build and maintain our practice.
Nursing Home Discharges and Evictions Rise During COVID-19 Pandemic
As our country navigates its way through the coronavirus pandemic, it is clear that nursing home patients make up one of our most vulnerable populations. Consequently, it is important that nursing homes be vigilant in the care of their patients, and strictly adhere to proper treatment protocols and standards. Unfortunately, that is not always the case.
The New York Times has recently published an article about wrongful patient discharges and evictions from nursing homes, sometimes referred to as “patient dumping.” The article was published on June 21 and highlights the evictions of patients from nursing homes, whose medical bills and expenses are paid by Medicaid, to homeless shelters and unsafe locations. In some cases, no advance notice is given to the patients or their families. “We’re dealing with unsafe discharges, whether it be to a homeless shelter or to unlicensed facilities, on a daily basis, and COVID-19 has made this all more urgent,” Molly Davies, the Los Angeles ombudsman, whose office works with residents at about 400 nursing homes, told The Times.…
Continue Reading Nursing Home Discharges and Evictions Rise During COVID-19 Pandemic
Staff Shortages Threaten Residents at Nursing Homes
When we think about workplace safety issues, it’s easy to default to a mental image of construction workers or firefighters. Those jobs have very visible risks thanks to big machinery and precarious working conditions. However, caretakers at nursing homes face serious workplace risks as well. This is due largely to employers’ and owners’ failures to adequately staff these facilities.
…
Continue Reading Staff Shortages Threaten Residents at Nursing Homes
Preventable Falls in Nursing Homes
Falls of patients in nursing homes are often preventable, yet they are still the leading cause of injuries in seniors who are residents there. Research shows elderly adults are four times more likely to die of fall related injuries if they live in a nursing home as compared to those who live at home. Part of that is due to the home’s improper follow up investigation and care, and part is due to its failure to implement proper fall prevention.
…
Continue Reading Preventable Falls in Nursing Homes
Preventable Death at N.J. Health Facility: Schizophrenic Patient Starved for 30 Days
Michael Vecchio, a 29 year-old patient at Greystone Park Psychiatric Hospital in Parsippany, died after 3 months of hospitalization. The patient did not have a terminal illness or life-threatening condition–he was admitted because he suffered from schizophrenia. After weeks of not eating, he passed away.
The facility pointed to privacy laws when preventing Michael’s family from knowing he stopped eating until he was rushed in an ambulance to Morristown Medical Center on Jan. 24, 2017. His mother, Beth Vecchio, said a nurse told her that Michael suffered severe stomach pain “for a few days” before Greystone finally called the ambulance. Michael died twenty hours later.…
Are Bedsores a Sign of Nursing Home Neglect?
Bedsores, also known as pressure ulcers, are an all too common occurrence in nursing homes and extended care facilities. The Federal Government has made a determination that “bedsores,” should not happen in nursing homes. See 42 C.F.R. 483.25(b)(ii) (stating “a resident . . . does not develop pressure sores unless the individual’s clinical condition demonstrates that they were unavoidable.”)
Those who are in a nursing home or extended care facility are usually there because there is a need for care beyond what can be provided at home. Elderly patients are especially prone to these potentially life-threatening sores, given their age, lack of mobility, thinner skin, and medical issues. However, bedsores can often be prevented with the right care plan in place. Their occurrence can be a sign of nursing home neglect.…
Continue Reading Are Bedsores a Sign of Nursing Home Neglect?
Incapacitated Woman Gave Birth in Arizona Nursing Home: Attorneys seeking $45M from the State
Late last December, a nurse at Hacienda HealthCare in Arizona panicked and called 911 as a patient unexpectedly gave birth. The 29 year old patient, who has been in a vegetative state since age 3, delivered a healthy baby boy. A police investigation concluded that one of her caregivers, a 32 year-old male nurse, raped the patient several times and fathered the child. The victim’s attorneys filed a $45 million notice of claim against the state of Arizona in late May.
After giving birth in the nursing home, the victim and baby were transferred to a nearby hospital. According to the hospital, the baby’s birth was “a repeat parous event,” meaning the victim had likely been pregnant before.…
Another Arbitration Agreement Found Unenforceable
The tide may be turning in favor of the residents against facilities in defeating unjust arbitration agreements.
…
Continue Reading Another Arbitration Agreement Found Unenforceable
What You Should Know About Special Focus Facility Nursing Homes
The Center for Medicare Advocacy (CMA) recently issued a Special Report focusing on progressively ineffective enforcement actions against nursing-home facilities that have demonstrated a pattern of serious noncompliance with federal nursing-home care standards meant to ensure quality care and resident safety.
The report concludes that in addition to a noncompliant nursing home’s ability to mislead consumers about its quality of care by masking staffing levels and self-reporting quality-care measures to the federal government, penalties in the form of monetary fines—imposed on the most unsafe nursing homes—are declining, and thus, are likely ineffective in improving the care provided to residents.…
Continue Reading What You Should Know About Special Focus Facility Nursing Homes
The More You Know: Today is World Elder Abuse Awareness Day
June 15th is recognized as World Elder Abuse Awareness Day. This day was designated to raise awareness of the many issues involving abuse and neglect of older persons, some of the most vulnerable people in society. The International Network for the Prevention of Elder Abuse and the World Health Organization (WHO) at the United Nations (UN) worked together to establish this day of awareness.
According to the National Council on Aging, at least 10 percent of older adults have suffered from elder abuse. The UN’s International Plan of Action recognizes elder abuse as a public health as well as human rights issue.
Elder abuse includes physical, psychological, emotional, or sexual abuse, as well as neglect, abandonment, and financial exploitation. By establishing the Elder Abuse Awareness Day, the goal is to create a call-to-action for people and organizations to further raise awareness about elder abuse and neglect.…
Continue Reading The More You Know: Today is World Elder Abuse Awareness Day