Failure to Address Dietary Needs

Nursing Homes And No Harm Deficiencies

Published on: May 31, 2019 | Levin & Perconti

retirement home

Nursing Homes With “No Harm” Deficiencies Are Not Being Held Accountable

Nationwide, a majority of nursing homes voluntarily participate in the Medicare and Medicaid programs. Because of this partnership, facilities must adhere to minimum standards of care established by the federal Nursing Home Reform Law. Those who do not comply, should receive health violations leading to various penalties including fines or in some of the most severe cases, a group’s Medicare or Medicaid certification will be suspended or revoked by the Centers for Medicare & Medicaid Services (CMS), a part of the Department of Health and Human Services (HHS).

CMS data indicates that about 95 percent of these health violations are cited as causing “no harm” to residents. In a May 2019 newsletter published by the Center for Medicare Advocacy and the Long Term Care Community Coalition (LTCCC) several examples of these “no harm” deficiencies, taken from Statements of Deficiencies (SoDs) on Nursing Home Compare, were discussed. Surveyors classified all of the shortcomings listed below as “no harm,” meaning that they determined that residents were neither hurt nor put into immediate jeopardy for their health or well-being.

Nursing Home Responsible For Choking Death Sues Family

Published on: April 28, 2019 | Levin & Perconti

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.

When Nursing Homes Turn Deadly

Published on: April 22, 2019 | Levin & Perconti

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 25^th 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.

Problems with Nursing Homes and Nutrition

Published on: April 9, 2019 | Levin & Perconti

nursing home nutrition

Why Nursing Homes Fail to Meet the Nutritional Needs of Residents

Illnesses such as diabetes, heart disease, obesity, arthritis, known nutritional or eating deficiencies, disabilities, and mobility issues may result in nursing home residents to put on a specialized dietary plan to fit their exact needs. In these cases, a primary care physician and nutritionist should be consulted and a plan for health and nutritional goals should be created based on an evaluation of the resident’s related illnesses, medications, mouth or swallowing problems, and feeding issues such as tremors.

But even in the trickiest of situations, well-balanced, palatable meals, and fluids must be prepared, coordinated, and tracked by staff responsible for caring for the resident to ensure nutritional health is being met. When it is not, nursing home abuse and neglect may be considered as the cause for cases involving malnutrition or dehydration.

Chicago Study Finds For-Profit Nursing Homes Have More Cases of Neglect

Published on: October 16, 2018 | Levin & Perconti

A joint study by researchers from The University of Illinois at Chicago School of Public Health, John H. Stroger Hospital, The Social Policy Research Institute and Illinois Citizens for Better Care has found that the type of facility matters when it comes to the quality of care your elderly loved one is receiving.

Chicago Hospital Records Show Elder Neglect Happening in Nursing Homes

The study ‘Association between Type of Residence and Clinical Signs of Neglect in Older Adults,’ examined 5 metropolitan Chicago-area hospital records of 1,149 elderly patients admitted from long term care settings (nursing homes) and community settings (home, assisted living, or senior living facilities). The data revealed that for-profit nursing homes had more instances of clinical neglect than any other setting. The facilities responsible for the transfer of these residents to nursing homes were all metropolitan Chicago nursing homes.

Illinois Nursing Home Sued for Failing to Prevent & Treat Dehydration, Malnourishment and Urinary Tract Infection

Published on: May 17, 2017 | Levin & Perconti

The family of a woman who died after suffering from malnourishment, dehydration and a urinary tract infection (UTI) is suing Alton Rehabilitation and Nursing Center in Alton, Illinois. The lawsuit alleges that before her death in June 2015, Judith Bates was visibly sick and was not sent to a hospital for treatment, despite lowered oxygen saturation, an abnormal heart rate, breathing difficulties, lethargy, low blood pressure, and excessive sweating. She had also lost 42 pounds in less than 6 weeks. By the time she was tested for a UTI on June 24, 2015, Ms. Bates’ condition had deteriorated and she died the next day.

For-Profit Nursing Home Rated Much Below Average

Alton Rehabilitation and Nursing Center is a privately-owned, for-profit nursing home located in the southern Illinois town of Alton. The nursing home is owned by Integrity Healthcare of Alton and according to Nursing Home Compare, the rating system developed and maintained by the Centers for Medicare and Medicaid Services (CMS), the home is rated 1 out of 5 stars. A one star rating is considered much below average. The facility received one star for its health inspection, one star for its staffing practices, and two stars (below average) for quality measures.

Elder Abuse Lawyer Files Complaint against Negligent Home

Published on: July 28, 2009 | Levin & Perconti

Family members of an 84-year-old victim of nursing home negligence filed a wrongful death lawsuit recently on her behalf. The lawsuit alleges that she died as a result of the nursing home’s failure to prevent pressure sores, failure to properly feed and hydrate her, and failure to treat her stomach pain. The lawsuit also alleges that the nursing home did not properly maintain medical records. The victim’s family filed the lawsuit to raise awareness surrounding nursing home abuse and neglect. To read more about this nursing home lawsuit, please follow the link provided.

Nursing Home Fined After Negligence Results in Resident Death

Published on: March 13, 2009 | Levin & Perconti

An elderly nursing home resident died last year after choking on his lunch at a nursing home. He suffocated to death when the nursing home neglected to accommodate his dietary needs by changing his meal plan. Prior to the accident, a nursing home dietitian alerted other staff to his risk of choking because he was having a hard time chewing and swallowing thin liquid. Rather than taking steps to immediately address this risk, the nursing home was negligent and did not change his meal plan or supervise him while eating.

On the day of his death, the nursing home resident was given a meal of beef, vegetables and potatoes. He choked on this food and it became stuck in his trachea. Staff attempted the Heimlich maneuver on him but could not resuscitate him. As a result of the nursing home’s failure to address his dietary needs, he died. The nursing home was fined $90,000 by the state.

Read full coverage of this nursing home negligence by following the link.