Articles Posted in National Nursing Homes

nursing home neglect

Long-Term Care Resident Left Unattended Dies While Smoking Near Oxygen Tank 

Ohio police in Oakwood Village are investigating the death of a resident from Grande Oaks Nursing Home. The man had caught on fire while smoking a cigarette in his wheelchair outside of the facility. Reports show he was allegedly smoking outside while using an oxygen tank when his wheelchair caught fire. Because staff allegedly were not aware, they did not respond. Unfortunately, it wasn’t until someone driving by noticed the fire and smoke and immediately contacted 911. Local police say they arrived to a smoldering wheelchair parked in front of the building with a male laying on the ground, face down. The man had already stopped breathing and CPR was administered. He later died from his burn-related injuries at a nearby hospital.

Centers for Medicare & Medicaid Services (CMS) policies show, “Oxygen use is prohibited in smoking areas for the safety of residents (NFPA 101, 2000 ed., 19.7.4). Facilities should ensure resident safety by such efforts as informing visitors of smoking policies and hazards to prevent smoking-related incidents and/or injuries.

elder abuse law

The Problem with Easing Regulations That Protect Nursing Home Residents

Several new policies were created to safeguard residents in 2014 setting nursing homes up for better accountability, such as fining violating nursing homes each day until problems were fixed and publicly exposing a facility when residents report care complaints. But since 2016, regulation on the rules nursing homes have to follow in order to collect Medicare or Medicaid dollars has seen a risky overhaul, marking the new administration responsible for the removal of several health and safety regulations essential to protecting residents.

These rules were intended to dictate how nursing homes operate, and the group’s inspections and surveys are designed to spur change and compliance through Centers for Medicare and Medicaid Services (CMS). CMS is the federal agency tasked with the oversight and regulation of over 15,600 nursing homes in the United States. In August 2017, the Department of Health and Human Services Office of Inspector General (OIG) issued an alert that CMS has inadequate procedures to identify and report incidents of abuse or neglect to law enforcement.

elder abuse attorneys

Nursing Home Countersues Although Liability Accepted for Man’s Choking Death

In 2013, an 82-year-old man died from a preventable choking incident at Woodhaven Care Center in New York. The nursing home accepted liability for the man’s death, and a jury awarded $1 million to the man’s family highlighting the issues with understaffing. The wrongful death lawsuit stated that inattentive nursing home staff failed to provide the man with his dentures and fed him food that was not a part of his dietary plan. The man was then left unsupervised, choked on the meal and died within moments after a nurse’s station video camera caught the incident. Staff also waited nearly 20 minutes before calling for help and dialing 911.

Today, Woodhaven has outrageously presented a countersuit against the family of the deceased for alleged money yet owed for his stay. Our nursing home abuse and neglect attorneys plan to follow this story as mediation in the case will be scheduled in the future.

wrongful death attorneys

Nursing Home Associated with Large, For-Profit Network Sued After Woman Suffered and Died

News of a recent lawsuit against Three Mile Curve Operations LLC, dba Logan Center, Genesis Healthcare LLC a nursing home in Logan Center, West Virginia alleges that poor care provided at the facility caused a woman who required rehabilitative services and assistance with day-to-day tasks to suffer from neglect related injuries and eventually die.

According to a March 25th report in the West Virginia Record, an incident took place on April 12, 2018, which triggered the untimely death of Ms. Lilian Messer soon after being admitted to the facility.

nursing home falls

Assisted-Living Resident Suffered Multiple Injuries Due to Inadequate Fall Prevention Care

One of the nation’s largest for-profit assisted-living providers in the country, SavaSeniorCare, operates Cheyenne Healthcare Center, a Wyoming care facility that recently settled a 2018 lawsuit alleging negligent care of a patient in 2015. The man claimed to have suffered multiple injuries from several falls and blamed an “inadequate level of staffing care and the facility not developing a comprehensive care plan that met his medical and physical needs.”

In addition, the lawsuit allegedly claimed the facility failed to notify the man’s family of his injuries and other medical issues that developed during his stay.

nursing home patients

Majority of Nursing Home Residents Spend Their Time Inactive, Increasing Chances for Chronic Diseases and Injuries

Too many individuals who reside in nursing home facilities are spending their days – sitting. A typical daily schedule for residents will only include light to moderate intensity activities 20 percent of the time and they will remain sedentary the other 80 percent, according to a February 16, 2019 study published in the International Journal of Environmental Research and Public Health. An extremely sedentary lifestyle, especially for those who are already battling health issues, only creates a stronger connection to the development or progression of chronic diseases and disabling conditions such as:

  • Anxiety

nursing home abuse

AARP Speaks Out on Alarming Proposed Changes to Nursing Home Regulation

At Levin & Perconti we continuously monitor changes to current federal and state nursing home regulations in order to inform our clients of how those changes might impact quality of care. Recently we were pleased to see one of the most powerful lobbying groups in the country, AARP, voice concerns about regulatory actions of the Centers for Medicare & Medicaid Services (CMS) in a letter to the United States Senate Committee on Finance.

Not Enforcing the Rules

nursing home fungus infection

Chicago-Area Attorney Steve Levin Comments on Deadly Fungus Outbreak Occurring in Illinois

Both The New York Times and Chicago Tribune recently reported a drug resistant super fungus called Candida auris, is plaguing 50 percent of Chicago-area nursing homes. This is a germ the Centers for Disease Control and Prevention (CDC) has deemed an urgent threat and is tricky to kill even with hospital grade disinfectants. The fungus, which is a yeast, is most noticeably found throughout patient rooms, on the skin of patients, and on daily medical devices such as blood pressure cuffs and medication containers. The most serious cases of infection from the fungus often occur in skilled nursing facilities that care for ventilated patients, or in long-term acute care settings.

“This is unacceptable,” says attorney Steve Levin, founder and senior partner of Levin & Perconti in Chicago. “We don’t know which nursing homes have been impacted yet – and, given the lengths that long-term care facilities’ corporate owners will go to in order to keep secret the dangerous conditions and poor care behind their closed doors – we might never know.”

healthcare fraud

Miami-Dade Nursing Home Owner Convicted in Largest U.S. Healthcare Fraud Scheme

Just last week, a 12-person jury deliberated for four days before finding Philip Esformes, a 50-year-old entrepreneur and owner of a network of 16 nursing homes and assisted living facilities in Florida, guilty on 20 out of 26 charges related to healthcare fraud. This is believed to be the largest fraud scheme ever charged by the U.S. Justice Department and a reflection of the business owner’s greed through receiving kickbacks, money laundering and conspiracy to commit federal program bribery totaling $37 million. In an April 5th, 2019 public statement, prosecutors called him a “despicable,” “vampire” who was fueled by “unbounded greed.”

“Esformes exploited and victimized patients by providing inadequate medical care and poor conditions in his nursing homes. We will continue the fight against such parasites.”

nursing home attorney

McClean County Nursing Home Residents Transferred After LeRoy Manor Closes

The former long-term care residents of the LeRoy Manor building, located in the central Illinois community of Bloomington-Normal, have moved to other nursing homes throughout Illinois. The private nursing home closed on February 15, 2019, displacing 75 employees and 66 residents. Administrators say about 90 percent of the residents were receiving Medicaid and poor reimbursement by the state was to blame for the closure. The group announced plans to end long-term care services at the home in January of 2019.

Thankfully, regional ombudsman from the East Central Illinois Area Agency on Aging told local news outlets that residents and their family members felt individual rights and desires were protected during the transition and that staff saw the process out appropriately. Unfortunately, this is not always the case and many residents preparing for a move out of their control will find themselves neglected or abused during a time of uncertainty and when changing staffing challenges become present. The move may be tough though for many of the LeRoy Manor residents who were originally from the area and able to stay connected with family and friends on a regular basis. These are relationships important when addressing basic care and medical needs and identifying nursing home neglect and abuse symptoms of loved ones.

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