Articles Tagged with nursing home neglect

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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.

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Viral Photo Shows Nursing Home Resident Covered in Vomit, Begging for Help

In October of 2018, a visitor at Legend Oaks Healthcare in San Antonio, Texas was witness to an older woman, left in a wheelchair and covered in vomit, begging for help for several hours in a nursing room hallway.

The man who took the photo was not connected to the woman who battles dementia but said he was so disturbed by the resident’s situation he wanted to share the documented encounter with local News4 in San Antonio. The observer told the reporters that instead of helping clean the woman he saw employees throw towels at her and around her as she begged for help, hours on end.

nursing home neglect

Negligence Led to Fall and Untimely Death of Cook County Nursing Home Resident

Pamela Dimo and Margaret P. Battersby Black of Levin & Perconti are representing a woman suing an assisted living facility alleging that an elderly resident was caused to fall and subsequently die due to negligence. The estate of Sarah Robinson filed the complaint on March 29 in the Cook County Circuit Court against Parkshore Estates Nursing and Rehabilitation Center LLC dba Parkshore Estates Nursing & Rehabilitation Center, infinity Healthcare Management of Illinois LLC, Paulette Alexander RN, Thomeka Brown, Juanita Davis LPN and Aishia Shipp LPN, Abigail Sullivan RD, Tijuana Haywood RN and Rachael Nnabuo RN.

According to the complaint:

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IDPH Releases First Report of The Year Listing Nursing Home Violators

The Illinois Department of Public Health (IDPH) has released its first Quarterly Report of Nursing Home Violators for 2019. This report dates January 2019 thru March 2019 and highlights Illinois facilities cited for violations of the Nursing Home Care Act, a statute that provides nursing home residents and their families with the assurance that proper and safe care will be received.

Facilities with violations in quarter one of 2019 include:

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.

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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.

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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

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