nursing home negligence

Patient Safety Book Highlights COVID Nursing Home Care

Published on: April 6, 2021 | Levin & Perconti

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

Nursing Assistants Carry Heaviest Load In Providing Quality Resident Care

Published on: April 1, 2021 | Levin & Perconti

COVID-19 Proved Just How Unsupported Nursing Assistants Are at U.S. Long-Term Care Facilities

According to the National Direct Care Workforce Resource Center,

more than 600,000 nursing assistants provide personal care, assistance with daily activities, and clinical support for 1.4 million nursing home residents nationwide. In a revealing editorial by the Co-Founder & CEO of the National Association of Health Care Assistants (NAHCA), Lori Porter says the COVID-19 worldwide pandemic has been the darkest time for these workers, resulting in failures in care and protection against injuries, illness, and infectious diseases.

The American Rescue Plan Could Improve U.S. Long-Term Care

Published on: March 30, 2021 | Levin & Perconti

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.

Are Illinois Nursing Homes Vaccinating All Residents?

Published on: March 25, 2021 | Levin & Perconti

Older Adults in Illinois Long-Term Care Settings Should Be Vaccinated with Sense of Urgency

It’s been nearly three months since COVID-19 vaccines have been made available for Illinois nursing home residents and staff, making them a priority in the long line of vaccine recipients across the state. Officials from the Illinois Department of Public Health (IDPH) and the U.S. Department of Health and Human Services’ Centers for Medicare and Medicaid Services (CMS) say approximately 414,900 doses total have been allocated to the federal government’s Pharmacy Partnership Program for Illinois long-term care facilities. A total of 361,971 vaccines have been administered to residents and staff as of Mar. 21, 2021.

Unfortunately, Chicago’s WGN9 reports that Illinois’ largest skilled nursing facility, City View Multicare Center, located at 5825 West Cermak Road in Cicero, has not made it a priority to have residents and staff vaccinated. Employees of the facility, and SEIU Healthcare, one of the fastest-growing union of nursing home workers in the Midwest, says management failed to enroll in the federal program designed to partner skilled nursing facilities like City View with major pharmacies to vaccinate residents and staff to reduce the number of coronavirus cases and outbreaks.

After A Private Nursing Home Acquisition, What Happens to Patient Care?

Published on: March 23, 2021 | Levin & Perconti

University of Chicago Researchers Say Privately Invested Nursing Homes Have Increased Death Rates Among Residents

Researchers at the University of Chicago, Penn, and NYU have been busy studying Medicare data covering more than 18,000 nursing home facilities nationwide. Their review includes about 1,700 facilities that were bought through private equity from 2000 to 2017. Total private equity investment in U.S. nursing homes went from $5 billion in 2000 to more than $100 billion in 2018.

The findings, published in a new working paper by the National Bureau of Economic Research, showed that when private equity firms acquire nursing homes, about 1,000 more resident deaths occur every year, bringing the risk of patient mortality to 10% more than the overall average.

Are Nursing Home Visits Allowed in Illinois Yet?

Published on: March 18, 2021 | Levin & Perconti

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:

COVID-19 Variants and Understaffed Nursing Homes

Published on: March 16, 2021 | Levin & Perconti

Warnings Emerge After COVID-19 Outbreak Caused by New Variant of Virus is Detected in Kentucky Nursing Home

The public has been informed of several new variants of the coronavirus for some time, including some of the more known viruses circulating, such as the UK variant, the Brazil variant, or the South Africa variant. But on Mar. 16, 2021, a recent outbreak of COVID-19 involving 41 cases at a nursing home in Eastern Kentucky could be what health officials say was triggered by an entirely new strain. The outbreak involved 14 staff and 27 residents, with several testing positive for the new variant. Health officials in Kentucky say those nursing home residents and staff who have contracted the virus and have been fully vaccinated have not gotten seriously ill and have significantly reduced symptoms.

The Centers for Disease Control and Prevention (CDC) says viruses constantly change through mutation, and “new variants of a virus are expected to occur over time. Sometimes new variants emerge and disappear.” At other times, new variants emerge and persist and can be just as dangerous as the initial strain.

Poor Staffing Contributed to Nursing Home COVID Deaths

Published on: March 11, 2021 | Levin & Perconti

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.

U.S. Lawmakers Begin To Introduce Nursing Home Reform Bills

Published on: March 9, 2021 | Levin & Perconti

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.

Nursing Home Falls Are No. 1 Cause of Resident Brain Injuries

Published on: March 4, 2021 | Levin & Perconti

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.