Articles Tagged with understaffing

nursing home neglect

Nursing Home’s Failed Disaster Response Resulted in 12 Resident Deaths 

Four former employees at the Florida nursing home plagued with power outages from Hurricane Irma will be held responsible for the 12 residents who died from heat-related injuries and illnesses in 2017. The deceased were all residents at Rehabilitation Center at Hollywood Hills and ranged in age 57 to 99.

The employees, of which three were nurses and one a facility administrator, failed to do their basic duty to protect life and never dialed 911 for evacuation help. The company responsible for restoring power to the home released a statement that “those customers who have electricity dependent medical needs should call 911 if they are without power and in a life-threatening situation.”

poor elder care

Nursing Home Chain Failures Highlight a Greater Need for Ownership Regulation and Closer Government Review 

Some of the most troubling elder abuse and neglect stories stemmed from nursing home private ownership in the U.S. recently emerged thanks to an NBC News investigation featuring a man named Joseph Schwartz and his responsibilities over nursing home and long-term care facility chain, Skyline Healthcare. The mogul swiftly built his empire out of a small New Jersey office and then across the Midwest. It failed miserably leaving life-long pain and suffering for more 7,000 elderly Americans in more than 100 facilities in 11 states.

Massachusetts: Schwartz told staff there was no more money to fund all of his nursing homes or to pay them. The care team was buying toilet paper with personal funds to help residents. Patients were left for days in their feces due to staffing cuts and no one to help them. When some of the homes closed, 60 residents had nowhere to go, and family members were left uninformed of their loved one’s displacement. In March of 2019, the final three former Skyline Healthcare nursing homes in Massachusetts were closed and placed in receivership after Schwartz agreed to surrender licenses.

understaffing legislation

Slammed with a New Law and Bigger Fines, Will Illinois’ Nursing Homes Finally Start Providing Enough Care for Residents?

In June 2019, Illinois lawmakers, sparked by a bill sponsored by state Sen. Jacqueline Collins, D-Chicago, passed legislation in support of increasing fines and penalties for nursing homes who are not meeting minimum standards for staffing and also provided $240 million to fill a $649 million projected funding gap between the state and federal government. The Illinois Department of Healthcare and Family Services will receive $70 million of the newly budgeted state dollars to build-up nurse staffing. The bill also demands better communication between family members of loved ones who reside in nursing homes so they can be informed of staffing challenges that may interrupt or delay the level of care expected.

Several groups and elder organizations supported, endorsed, and pushed the legislation including:

nursing home neglect attorneys

New Study Shows Majority of Nation’s Nursing Homes Fail to Meet RN Staffing Requirements

Harvard and Vanderbilt medical schools recently put researchers to the task of examining payroll records from over 15,000 U.S. nursing homes, revealing the staggering truth about registered nurse (RN) staffing. Three-fourths of the nation’s nursing homes never meet federal staffing expectations for registered nurse staffing, and RNs are missing from such facilities on the weekends.

Health Affairs published the study in its July issue in which co-author David Grabowski, a professor in the Department of Health Care Policy at Harvard, said that the conclusions based on a year’s worth of newly logged payroll data, could present much more significant issues in elder care today and well into the future.

nursing home abuse and neglect

CMS Will Publicly Post All Names of Most Concerning Care Facilities

The Centers for Medicare & Medicaid Services (CMS) is reacting to the highly publicized release of U.S. Senators Bob Casey’s (D-PA) and Pat Toomey’s (R-PA) report titled, Families’ and Residents’ Rights to Know: Uncovering Poor Care in America’s Nursing Homes, by announcing it will soon disclose all of the names of care facility candidates in the agency’s Special Focus Facility (SFF) program. SFFs have a “persistent record of poor care” and were previously not available for the public to review. Some lawmakers and resident advocates even called the list a “scary secret” kept from the public to protect nursing home owners and their reputations.

The Pennsylvania lawmakers list included only 400+ facilities, 22 of which are located throughout Illinois, but there are almost 3,000 nursing homes that have a one-star rating on their health inspections, the worst ranking possible. With only 88 SFF program slots funded that likely leaves so many additional poor performing candidates for the program to publicly acknowledge. 

nursing home neglect

Falls Remain Leading Cause of Injury-Related Deaths for Older Adults and Understaffed Nursing Homes Could Be to Blame

Falls are the leading cause of injury-related deaths among persons aged 65 years and older, according to the Centers for Disease Control and Prevention (CDC), and the age-adjusted rate of deaths from falls is increasing as well. Ironically, as many as 75 percent of nursing facility residents are reported falling each year and carry twice the chances of falling compared to a senior who lives in their own home or community.

For elderly patients living in care facilities, hazards that contribute to fall injuries can include:

nursing home attorneys

Underpaid At-Home Caregivers File Lawsuit Against Employer

The Arkansas Democrat-Gazette is reporting a story coming out of the U.S. District Court in Little Rock concerning underpaid caregivers who have filed a lawsuit against Palco, a financial management services company headquartered in Arkansas that provides support to Medicaid recipients across several states. The business has clients such as veterans, the elderly, and children who participate in at-home and community-based services and require help with daily living tasks. The suit is seeking class-action status on behalf of all people who were paid as caregivers by the company under the Independent Choices Medicaid program within the past three years.

According to the state Department of Human Services, Independent Choices assist about 3,000 Medicaid recipients who receive in-home services in processing payroll and guides recipients in paying workers who help them, most of who are often family or friends. The lawsuit says the plaintiffs and other workers have regularly worked more than 40 hours a week and weren’t paid one-and-a-half times their regular wage by their employer as required under the Fair Labors Standards Act (FLSA). Medicaid recipients are only the employer if they hired the home care worker directly, and no agency or other organization is involved, such as Palco.

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 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
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