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The attorneys at Gallivan & Gallivan provide effective, aggressive representation to individuals injured in the New York area. Our priority is to maximize the recovery of our clients injured due to the neglect of others.

A study released by the University of Illinois at Chicago reports that for-profit nursing homes provide lower-quality care to their elderly residents. This study provides further confirmation that the for-profit nursing home industry, which is still growing across the country, is sacrificing adequate care for vulnerable senior citizens in the pursuit of ever-growing profits. Once again, elder care advocates are sounding the alarm about the substandard quality of care and the need for greater government oversight while President Trump’s administration continues to deregulate the industry.

The University of Illinois at Chicago study included more than 1,100 senior citizens living at five different Chicago hospitals between 2007 and 2011. The results showed a stark difference in the quality of life and health of elderly residents depending on whether their nursing home operated as a non-profit or as a profit-seeking business. Overall, residents at for-profit nursing homes were twice as likely to have health problems related to poor or neglectful care. Among other maladies, for-profit residents were more likely to suffer from severe dehydration, develop stage 3 and stage 4 pressure ulcers – the most serious and commonly preventable type of pressure ulcer, or bed sore. Further, the study concluded that broken catheters and dislodged feeding tubes were more common in for-profit nursing homes and their patients were less likely to receive satisfactory care for their chronic health conditions.

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Nursing home residents nearing the end of their lives are increasingly being sent to rehabilitation therapy for their final weeks of life. According to a new study published in the Journal of American Medical Directors Association, senior citizens at for-profit nursing homes are twice as likely to spend their last days at a rehabilitation center instead of a hospice. According to elder care experts, the primary motivation for forcing senior citizens through rehabilitation during their last days involves churning a profit for the nursing home, according to The New York Times. Rehabilitation services, such as physical, occupational, and speech therapy, are a significant source of revenue for nursing homes. Sending a resident to hospice for palliative care, on the other hand, ends the revenue stream for that resident.

The study’s appalling conclusions found that 14 percent of New York nursing home residents received some form of rehabilitation in the month before they passed away. Four percent received a significant amount of therapy each week – between 325 minutes to 12 hours each week – in their final month. Medicare typically covers rehabilitation services and the highest payouts go towards senior citizens receiving 12 hours of rehabilitation each week, or “ultrahigh levels” according to Medicaid. Disturbingly, the number of senior citizens receiving “ultrahigh levels” of rehabilitation in their final month increased 65 percent between 2012 to 2016.

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Medicare recently lowered the overall ratings of almost one-fourth of the country’s nursing homes due to insufficient staff levels. The move comes after Medicare adopted a new, objective measurement for staffing nursing homes. Previously, Medicare relied on unverifiable data submitted by the nursing homes. Medicare ratings, which can range between one and five stars, are provided for several categories of nursing home care, such as its rating of pressure ulcers or slip-and-falls, along with an overall rating for the nursing home. Medicare now gives the lowest rating, a single star, to 1,387 nursing homes across the country, according to The New York Times.

Medicare requires all nursing homes to have a licensed nurse working at all times and a registered nurse working at least eight hours every day. The payroll data submitted to Medicare by the nursing homes show that the registered nurse requirement produced the majority of compliance problems. Registered nurses, who have the highest level of training and education requirements, are typically able to provide medical services, such as diagnosing illnesses or prescribing medicine.

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A deadly bloodstream infection, sepsis continues to plague nursing homes in New York and throughout the country. Despite strict federal standards meant to prevent infections and harm to patients, the number of sepsis infections originating in nursing homes continues to increase each year. In a study conducted by Definitive Healthcare, at least 25,000 senior citizens die from sepsis infections received at nursing homes across the country each year. Give the enormous and unnecessary loss of life, nursing home advocates and government regulators are pushing for stricter standards and greater accountability for nursing homes.

An article by Legal Reader recounts the sad and unfortunately common story of one nursing home resident who passed away from sepsis. According to the article, the elderly man’s daughter, Shana Dorsey, found a “purple wound” on her father only a few weeks before he passed away in 2014. Medical staff at the nursing home told Dorsey the wound was a pressure ulcer or bed sore and not serious. Unfortunately, the pressure ulcer was severe and eventually led to the sepsis infection that killed her father. Dorsey then joined the thousands of other families across the country by filing suit against the nursing home because their loved one died of a preventable sepsis infection.

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The reporting at one nursing home in New York is intensifying as more allegations of neglect and abuse continue to surface. A steady drumbeat of news reports has thrust Sodus Rehabilitation and Nursing Center in the Buffalo area and its mistreated residents into the spotlight over the last year. As the dangerous and unhygienic conditions have come to light, outrage in the community has grown and families of the residents say they are scared for their loved ones.

The nursing home, previously named Blossom View, first received attention from the local news last year when one man came to visit his father and found him dead. Admitted only two weeks earlier, the nursing home resident had fallen several times, suffered multiple bruises, head injuries, and even several broken bones during his short stay. The staff told the son they already knew and simply forgot to notify the family or remove the body.

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More senior citizens are dying from falls each year, a problem that is only expected to get worse as the country’s population continues to age. According to a report by the Centers for Disease Control and Prevention, almost 30,000 Americans over the age of 65 died as the result of a fall. To put that into perspective, falls killed 61 out of every 100,000 senior citizens in 2016, the year with the most recent data available. In 2007, only 47 out of every 100,000 deaths were caused by a fall. This means fall-related deaths have increased 37 percent in less than a decade.

About one in every four elderly Americans has a serious fall each year, according to experts. These falls typically result in broken bones or traumatic brain injuries. The risk of death caused by a serious fall increases with age. Americans between 65 and 74 only have 15 fatal falls for every 100,000. For those that are over the age of 75, that statistic increases to 248 per 100,000, according to the data released by the CDC. Women are at a higher risk than men of both falling and dying from a fall. If the fall-related mortality rate continues at the same pace then 59,000 senior citizens will die from a fall in 2030, according to The Los Angeles Times.

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Sepsis, a deadly bloodstream infection, is a common and largely unreported consequence of pressure inuries/ulcers. According to a recent article by The Chicago Tribune, sepsis was the most common reason that elderly residents are transferred from their nursing home to hospitals. Despite the massive financial and human implications, the newspaper states the problem is largely unreported because lawsuits against nursing homes are frequently settled out-of-court and include confidentiality clauses.

While the number of pressure ulcers leading to sepsis infections is not measured by federal regulators, the number of patients sent from nursing homes to hospitals and then die of the infection is at least 25,000, according to The Chicago-Tribune. This preventable cause of death leads to thousands of lawsuits filed all over the country against nursing homes and hospitals that allow their loved ones to become infected. In addition to the massive human toll, sepsis infections are an expensive burden on the healthcare system. Medicare pays more than $2 billion annually for sepsis treatment.

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An Australian man passed away from a preventable pressure injury/ulcer he received while at an Australian hospital. According to ABC North and West, the pressure ulcer, or bed sore, developed and became so severe that the Australian’s organs shut down. Now, the family of Peter James McBride is demanding answers from the hospital and its staff.

After falling twice on February 7, 2015, McBride’s wife admitted him to the hospital where he spent the next eight weeks on bed rest before transferring to an elder care facility. McBride died only days after arriving at the elder care facility. According to the coroner, the Australian man’s death was entirely preventable and pointed towards several lapses that paint a picture of an incompetent hospital staff and a severe lack of appropriate procedures necessary to prevent pressure injuries/ulcers.

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A rarity only a few decades ago, nursing homes operating for profit have exploded across the country. According to NPQ, for-profit nursing homes account for over 70 percent of all facilities across the country. According to elder care advocates, the rapid takeover of the nursing home system has harmed America’s vulnerable senior citizens. Instead of focusing on providing the best quality care for a reasonable price, for-profit nursing homes choose to maximize their income while limiting their costs and the resulting legal liability from their cost-cutting measures.

In general, the rise of for-profit nursing homes has coincided with the consolidation of the nursing home industry which means a senior citizen is more likely to choose a corporate nursing home chain than the once-ubiquitous retirement communities that operated solely for the best interest of their residents. Considering the deep pockets of a corporate chain, it would be reasonable to assume the potential for large settlements in the cases of mistreatment or elder abuse would incentivize these corporations to treat their residents with the utmost respect.

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After a spate of negative press coverage last year, Medicare has only issued limited guidance for the upcoming natural disaster season. After widespread lack of preparation in the wake of Hurricane Irma in Florida and Hurricane Harvey in Texas harmed America’s nursing homes, many patient advocates are worried about the nation’s nursing home residents. According to these advocates, the same systems and policies that led to widespread power outages and death last year have not been fixed yet.

Last September when Hurricane Irma struck Florida, residents of Rehabilitation Center at Hollywood Hills found themselves stuck at a nursing home without any air conditioning, power, or a backup generator – all violations of Medicare policies. Sadly, fourteen of the residents at this now-closed nursing home passed away during the 90-degree heat which overtook the nursing home for a week. In response to these flagrant violations, Medicare passed emergency planning regulations last November which required each facility to:

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