New York Nursing Home Abuse Lawyer Blog

The New York State Department of Health published results of a survey dated June 13, 2011 in which Cedar Lodge Nursing Home, located in Center Moriches in Suffolk County, received substandard results in several areas. Sections 483.75(l)(3) and 483.20(f)(5) of CFR Title 42 discuss standards for record keeping and maintenance. The importance of safeguarding records is further evidenced not just in the codification, but also through the process one must navigate to obtain patient records.

The Health Insurance Portability and Accountability Act (HIPAA) ensures that only an individual or his or her authorized representative is able to gain access to private medical records. In the deficiency report, the DOH noted that personal medical records were being stored at Cedar Lodge in an open area of the basement. The file cabinets and boxes storing the records were not properly locked or secured.The area of the basement housing the records was accessible to maintenance and housekeeping departments. The report did not mention if the records were accessed by unauthorized personnel, but that the files were accessible.

Additional deficiencies in areas such as dietary services, proficiency of nurses aides, and unnecessary use of restraints can be read about on the DOH website.

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.