New York Nursing Home Abuse Lawyer Blog

An upstate New York skilled nursing facility, Champlain Valley Physicians Hospital Medical Center, agreed to pay $190,000 to the family of a resident who suffocated in her bed. The family of Lottie D'Aust filed the nursing home neglect lawsuit after Ms. D'Aust died after becoming trapped between a bed rail and her mattress.

At trial, the plaintiffs' experts argued that there was no need to have railings on D'Aust's bed and that the facility was negligent in failing to utilize a bed alarm that would have allowed D'Aust to summon help. The defense contended that the bed met FDA guidelines and that monitors often cause more problems than they solve. The matter settled for $190,000 during jury deliberations.

Resource:

Verdictsearch, April 29, 2010.

According to a September 23, 2007 New York Times article by Charles Duhigg, private investment firms that have purchased nursing homes have decreased staffing and overall budgets placing a premium on profits while slighting the quality of care provided to residents. Privately owned nursing homes acquired before 2006 scored worse in 12 of 14 quality care indicators that regulators use to track ailments of long-term residents, the article indicates. Those ailments include bedsores (pressure sores, decubiti) and infections, as well as the use of restraints. Prior to being acquired by private investors, many of the same nursing homes had scored significantly higher based on the same criteria.

The article also notes that these private investment companies have created very complex corporate structures in attempt to shield the nursing homes from financial liability for any neglect or abuse suffered by residents. Analysis of Centers for Medicare and Medicaid Services data indicates that the number of registered nurses at privately owned nursing homes has decreased significantly from 2000-2006.

Website Resources:

At Many Homes, More Profit and Less Nursing, New York Times, Charles Duhigg, September 23, 2007.