Documentation & Reporting

Many times, in the world of nursing home litigation and medical malpractice, you hear things like “caps on damages,” “tort reform,” of “medical review panels.”  These measures are presented as ways to “Stop the crisis!” or “Reign in out of control juries!”  The reality is, there is no crisis, juries are reasonable, and these measures

As an advocate in New Jersey  for nursing home residents, one of my greatest frustrations has been the lack of oversight for self reported staffing levels.  This has lead to an extraordinarily low incidence of short staffing citations – and worse yet, has allowed some understaffed facilities to crow over their lack of such citations.

I’ve noticed in my practice a dangerous and burgeoning phenomenon. That is, the emergence of non-disparagement clauses for people who know the dangerous secrets of the worst of the worst long-term care facilities. I am finding that the vast majority of these clauses are found in assisted living facilities. These organizations appear to have very

A very convenient tool for concerned families to evaluate nursing homes is the “Medicare Compare” website.  Included within this is a section that designates what are known as “Special Focus Facilities.”  A Special Focus Facility represents the bottom 1% or 2% of all nursing homes in the country which have demonstrated not only under-performance, but

For many years, we have been stating on this blog that one of the greatest sources of our healthcare crisis is Medicare Fraud. A recent article in The New York Times details the recent increase in this disturbing trend of for profit nursing homes not only over-billing Medicare, but actually altering the treatment of innocent residents – solely to increase their profit.
Continue Reading For-profit Nursing Homes Overcharging Medicare

A nurse in Florida has been fired several times for the falsification of records and poor work performance, and yet was hired again to work with children at a hospital in St. Petersburg. Over the past 10 years, Bernard Moran was employed by Mease Countryside Hospital and Helen Ellis Memorial. Moran was fired from Mease after he faked his time sheets and collected $118,000 at the expense of the residents and the facility.
Continue Reading Falsification of Records

I recently found a USA Today article that details how nurses can move from state to state and keep working in spite of incompetence and criminal activity. There is a compact among 24 states whereby a license obtained in a nurse’s home state allows access to work in the other compact states. But an investigation conducted by, ProPublica, the non-profit news organization, found that the pact also has allowed nurses with records of misconduct to put patients in jeopardy.
Continue Reading State Partnership Allows Nurses to Work in Several States, Despite Criminal Activity