COVID-19 in Nursing Homes - Learn More.

Articles Tagged with nursing home abuse lawyer

violation of patient discharge laws

The Nation’s Largest Senior Living Operator Sued for Wrongfully Discharging Patients

California’s attorney general, Kern County District Attorney Cynthia Zimmer, and local officials are suing ten of Brookdale Senior Living Inc.’s California-based skilled nursing facilities. The suit alleges that the nation’s largest senior living home operator had misled consumers on quality ratings and broke laws intended to protect patients when they are discharged from a facility if their Medicare coverage ended. The company is also said to have failed in giving the 30-day notice of transfers or discharges as required for all U.S. skilled nursing facilities.

“Brookdale does this so it can fill its beds with residents who will bring in more money,” the lawsuit files read. It says the company will discharge patients “regardless of the care and treatment needs,” and that the company also failed to prepare patients to be released or transferred adequately, gave false information to the Centers for Medicare & Medicaid that it uses to award quality ratings, and over-reported its nursing staffing hours to the feds.

safety book on covid-19

Medical Malpractice Briefing Includes Facts on U.S. Nursing Home Industry’s Failed Response To COVID

The 2021 update to the briefing book Medical Malpractice: By The Numbers, published by the Center for Justice & Democracy (CJ&D) at New York Law School, has been released and includes the latest statistics and research on issues related to medical malpractice, including long-term care wrongdoing. The 141-page volume includes over 400 linked footnotes and sources. It also discusses how laws could make it harder for patients and their families to place accountability on health care providers and nursing home owners in the case of medical negligence.

Medical Malpractice as it Relates to Long Term Care Providers

the american rescue plan nursing homes

Justice in Aging: How The American Rescue Plan Helps Older Adults

More than 45% of Americans over 65 have trouble meeting their basic needs. As a new administration works to provide COVID-19 relief to older adults, many of who are reliant on Medicaid funding for their health care, including long-term care, a fifth COVID-19 relief package, the American Rescue Plan (H.R. 1319), was signed into law totaling $1.9 trillion on Mar. 11, 2021.

The law is expected to significantly improve health care access and increase economic security for older adults due to the pandemic. Medicaid is the funder for most long-term care in the United States, whether at home or in an institution. An analysis provided by Justice in Aging, an organization committed to fighting senior poverty through the law, outlines the significant provisions impacting older adults, including Illinois nursing home residents and long-term care patients.

nursing home visits during covid-19

New Federal Guidelines Expand Visitation Options in Some Illinois Nursing Homes, Families Should Lookout for Signs of Abuse or Neglect

Although the risk of COVID-19 transmission within nursing homes and other long-term care facilities has been high, related outbreaks and deaths in nursing homes are down, according to a report by The American Health Care Association and National Center for Assisted Living. And with many facilities now operating with residents fully vaccinated, in-person nursing home visits are being allowed at some senior living facilities in Illinois.

According to the updated guidance released on March 10, 2021, from CMS, facilities can now allow responsible indoor visitation for all residents unless specific scenarios arise that would limit visitation options, such as an increase in community infections. The updated CDC’ visitation guidance recommends long-term care facilities follow these specific guidelines:

understaffing in nursing homes

New Study Highlights Ongoing Issues with High Staff Turnover as Major Contributor to COVID Nursing Home Deaths

As almost all U.S. nursing homes are working to vaccinate residents and staff, ongoing issues impacting the care residents require are proving to be the cause behind some of the most horrendous coronavirus neglect cases and disastrous infectious disease outbreaks in history. Authors of a new study published in Health Affairs on Mar. 1 highlight the persistent problems caused by an unstable long-term care workforce as one of the significant underlying threats that contributed to the staggering death tolls of nursing home residents start of the COVID-19 pandemic. At least 172,000 deaths from the virus had been reported among either residents or employees of nursing homes and other long-term care facilities by late February. In Illinois, the number of nursing home deaths as of Mar. 5 was 9,894.

As one of the nation’s leading nursing home abuse and neglect law firms, our attorneys found the study’s comprehensive findings were both devastating, but unfortunately, not shocking.

nursing home reform package covid-19

Legislators Send Nursing Home Reform Package to New York Governor in Response to Disastrous COVID-19 Care

New York state, once ground zero for the COVID-19 pandemic and where long-term care tragedies have left many in shock, may soon become the new epicenter for nursing home care reform. State lawmakers began passing several measures on Feb. 22, as scandals break and the coronavirus pandemic continues to haunt residents, their families, and underpaid and overworked care teams. And on Wednesday, Mar. 3, the New York Assembly passed another series of nursing home-related bills to increase the transparency of facility violations, require quality assurance, and study long-term care facilities in the state. The lawmakers have said the sweeping reforms were designed to “increase safety and improve the quality of life for New Yorkers living in nursing homes.”

These are the highlights focused on New York’s four overall nursing home quality and coronavirus care-related issues addressed in the reform package. A detailed statement regarding the legislation was released by New York’s Assembly Speaker Carl Heastie (D) on Mar. 4 and can be reviewed in more detail here.

antipsychotics and brain injury

Fall-Related Brain Injuries Go Unnoticed Too Often in Nursing Home Residents

March is Traumatic Brain Injury Awareness Month. Those who have suffered from a traumatic brain injury (TBI) acquired their irreversible injury due to severe trauma – typically when the head violently hits an object or an object pierces the skull and enters the brain. These brain injuries can be serious for the elderly, especially those with underlying conditions, and require greater assistance with daily living activities, such as long-term care patients and nursing home residents. For this older group, TBI is physically painful and can cause devastating mental and emotional challenges.

Severe skull fractures and TBI are also, unfortunately, the most common fall-related injuries that lead to a decline in an older adult’s health, including death. Ultimately, according to the Centers for Disease Control and Prevention, TBI contributes to 20% or about 1,800 nursing home resident deaths each year.

dehydration in nursing homes

March is National Nutrition Month – Nursing Home Negligence Can Lead to Malnutrition and Dehydration

In long-term care and post-acute care settings, malnutrition is often a result of ongoing neglect by caretakers who do not offer enough food or do not monitor proper nutrient consumption either by the mouth or a feeding device. And although delivering nutritious food, adequate amounts of water, and quality care to these individuals seems like basic necessities all facilities should provide, a staggering 85% of elderly living in nursing home-type environments suffer from malnutrition.

According to the Academy of Nutrition and Dietetics:

nursing homes daily covid-19 deaths

Illinois Nursing Home Residents Still Battling COVID-19 Challenges, Pandemic Concerns Remain High in Cook County

On Feb. 25, the Illinois Department of Public Health (IDPH) reported 1,884 new coronavirus disease cases. And while 130,000 doses of vaccine were administered across the state, the greatest group of individuals at risk of deadly exposure remain the elderly and those living in nursing homes and long-term care and rehabilitation facilities. In the weekly report, IDPH also provided a list of counties with recent fatalities.

  • Adams County: 1

list of nursing home fines

State Releases Final Report of Illinois Nursing Home Violators in 2020

The Illinois Department of Public Health (IDPH) has released its last quarterly report of nursing home violators for 2020. This report dates October 2020 thru December 2020 and reflects quarter-four surveys and inspections. It highlights facilities cited for violations of the Nursing Home Care Act, public links to access the survey reports, and the related fines. Facilities with the most significant and severe penalties accrued more than $50,000 in fines. They included Generations Rock Island, Aperion Care Chicago Heights, Stephenson Nursing Center, Stearns Nursing & Rehab Center, Metropolis Rehab & Healthcare Center, and Lakeside Rehab & Healthcare in East Peoria.

Accolade Healthcare of Paxton on Pells (Paxton)

Lawyer Monthly - Legal Awards Winner
The National Trial Lawyers
Elder Care Matters Alliance
American Association for Justice
Fellow Litigation Counsel of America
Super Lawyers
Contact Information