Articles Posted in Infection

by

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.

Continue reading

by

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.

Continue reading

by

resident-left-in-empty-hallOver the previous four years, the United Hebrew Geriatric Center in Westchester County received 22 citations for violating New York law on nursing home safety. The violations were all categorized as “moderately severe”, according to the New York Department of Health.

While the quality of care received by patients at the facility was higher in some areas of treatment compared to the rest of New York state, the facility scored below the state average in the number of residents who experienced a major fall (2.3 percent) and the percent of residents whose ability to move independently worsened during their long-term stay (14.4 percent). Further, according to the New York State Department of Health, 2.1 percent of nursing home residents received a diagnosis of pressure ulcers, or bed sores – a largely preventable type of harm.

According to the state’s inspectors, the following laws and regulations were violated by the United Hebrew Geriatric Center in the last several years: Continue reading

by

A new report by Time Magazine shines a harsh light on the hospice care industry in America – reporting that 21 percent of hospices, accounting for more than 84,000 patients, failed to provide critical care to patients in 2015.  The report, which includes vivid and heartbreaking stories, points towards a largely unregulated industry that received almost $16 billion in federal Medicare dollars last year.

sick-man-nursing-home-300x200Hospice is provided to Medicaid patients if they are expected to pass away within six months. Starting in the 1970s, hospice care focuses on relieving the symptoms of a patient and providing “comfort care.” The use of hospice care has become increasingly popular in the last couple decades.  According to the National Hospice and Palliative Care Organization, enrollment in hospice care has more than doubled since 2000.

While most Americans think of hospice as a location, the reality is that most Americans utilize hospice care so they can pass away in their own home. With 86 percent of Americans saying they want to die at home, the trend is unlikely to reverse anytime soon, either.

Continue reading

by

Nursing homes and assisted living facilities have become increasingly focused on their bottom line in recent years to the detriment of their elderly patients. A recent piece by the New York Times describes the trend where nursing homes have transitioned from non-profits to corporate behemoths – focused on outsourcing and consolidating to minimize costs, reduce their tax liability, and reduce their liability in lawsuits.

According to the nursing homes, consolidation provides a cost-effective way to deliver care to their elderly residents. Through a complex web of corporate ownership, nursing home businesses can reduce their tax liability. According to these nursing homes, those savings are passed on to the residents.

missing-patient-300x196There are also legal benefits to the owners of these nursing home chains – often coming at the expense of the elderly residents. Whenever a person is injured in a nursing home, a complex web of corporate ownership may help the nursing home avoid liability for the harm it has caused. By siphoning the profits of a nursing home into unrelated corporations, injured victims of elder abuse may not be able to hold their nursing home responsible for their damages. Continue reading

by

In October of 2017, two nursing home residents in Westchester County were diagnosed with Legionnaires disease. One of the residents passed away due to complications from the disease. Unfortunately for the Sky View Rehabilitation and Health Care in Croton-on-Hudson, this was not the first time that Legionnaires disease has been found at its facility.

woman-hospital-225x300Legionnaires disease is not typically fatal if it is treated promptly with antibiotics. The bacteria that causes the disease are not spread by human-to-human contact,.  It is usually found in soil or water.  The likelihood is that the disease at the nursing home spread through its air conditioning systems or showering facilities. While the New York State Department of Health said an investigation was ongoing at the time of the outbreak, no information has been released by the government agency accounting for the source of the bacteria as of January 2018. Continue reading

by

sick-man-nursing-home-300x200In August of 2016, the New York State Veteran’s Home in Montrose, New York had a horrific rhinovirus outbreak. At one point, the facility in Westchester had one-out-of-every-four residents sick with the virus. Altogether, there were 58 documented cases of rhinovirus at the 221-bed retirement home for veterans. Sadly, four of the elderly residents with rhinovirus passed away.

Speaking to ABC News 7, Dr. Dennis Nash of the CUNY School of Public Health said that “If so many are affected by the same infectious disease, it does point to infection control issues. And that’s something that the state will want to be looking at right away.” At the time, the New York Department of Health told ABC News that they were investigating the outbreak and whether the nursing home facility had implemented sufficient infection prevention and control measures.

However, it does not appear that the New York Department of Health investigation went very far. The Department of Health provides a “profile” for each assisted living facility or retirement home in the Empire State. According to its profile on the New York State Veterans Home at Montrose, the nursing home facility had zero citations related to “actual harm or immediate jeopardy.” Continue reading

by

A new report details the chronic deficiencies in nursing home care and its effect on the elderly and disabled Americans that live in these facilities. The report, published by the Long Term Care Community Coalition, details nursing home facilities that are woefully understaffed and failing to meet the needs of its residents. Because nursing homes receive funds by Medicare and Medicaid, they are largely regulated by the government. The report, consequently, mostly blames bureaucratic incompetence and under-funding for its failure to effectively monitor these facilities.

According to the report, the breadth and consequences of the government’s failure to take care of our elderly and disabled are vast. As the so-called “Baby Boomers” enter into their twilight years, an estimated 40 percent of Americans will at some point spend time in a nursing home that is subject to federal oversight.

A substantial portion of the problem is blamed on the so-called “yo-yo” phenomenon. This occurs when a nursing home or other assisted living facility is found to be out of compliance, but then only corrects the problem temporarily. In an effort to fix the problem, The Center for Medicare and Medicaid Services (CMS), created the Special Focus Facility Program (SFF) which was meant to monitor facilities that have racked up multiple compliance violations. Because of under-staffing and insufficient funding and a requirement that states help fix the problem, the program has failed to fix the problem. Continue reading

by

A lawsuit in New York claims that a nursing home’s residents were forced to lie in their own feces and urine for extended periods of time. The class action suit filed in Syracuse, New York claimed that potentially hundreds or thousands of patients may have been affected by the nursing home, James Square Health and Rehabilitation Centre. Unfortunately, this is just another nail in the coffin at James Square, which has a long history of poor patient care.

IV-DRIP-159x300The lawsuit alleges that the nursing home and assisted living facility is unsafe and understaffed. The report points to the death of Theresa A. Farrugio who died at the facility in 2015. According to the lawsuit, after Farrugio fell down the facility’s employees then put her back in her chair and gave her a sedative without taking any of her vitals. She was “left to fend for herself,” according to the lawsuit. When her son arrived the next day, he took her to the hospital where she was diagnosed with “respiratory failure, pneumonia, acute renal failure and a urinary tract infection.” She died at the hospital only days later from problems that could have been prevented if the nursing home had provided her with adequate care. Continue reading

by

A recent federal and state report excoriated New York’s handling of complaints against nursing homes and nurses in the state.

An audit by the New York found that the state had failed to properly investigate complaints against nurses. For the cases that are deemed “priority 1” – the most serious which usually involve allegations of sexual misconduct or abuse – New York took an average of 228 days to investigate. State law re

help

quires these investigations to conclude within 10 days of the complaint. In one horrific case, New York failed to sanction, or otherwise discipline a nurse in any way, after she administered an overdose of insulin that nearly killed a patient. In another case, it took New York almost a year-and-a-half to revoke the nursing license from a Bronx nurse who sexually assaulted a patient.

New York performs even worse when factoring in lower-priority complaints against medical care professionals. With over 8,000 complaints lodged between April 2014 and April 2017, more than 2,000 were not performed within the required 180-day time period.

Continue reading

Contact Information
111 Church St
White Plains, NY 10601
Phone: 914.220.1086
Fax: 914.948.4721
60 E 42nd St
New York, NY 10165
Toll Free: 855.228.7369
(By Appointment Only)
Central Valley Plaza
200 Route 32
Central Valley, NY 10917
Phone: 845.803.6067
Fax: 914.948.4721
118 N Bedford Rd
Mt Kisco, NY 10549
Phone: 914.220.1086
Fax: 914.948.4721
21 W 2nd St, #16
Riverhead, NY 11901
Phone: 631.591.2226
Fax: 631.591.2228
ATTORNEY ADVERTISING
Copyright © 2015 – 2019, Gallivan & Gallivan
JUSTIA Law Firm Blog Design