Articles Posted in Neglect

A jury in upstate New York awarded a victim of nursing home abuse $1.2 million for its wanton neglect of an elderly resident. The jury found that 72-year-old Shirley Burrows was horrifically neglected by Newfane Rehab & Health Care Center, a long-term care facility in Niagara County. According to The Buffalo News, Burrow’s damages include $775,000 for pain and suffering and $475,000 for violating state public health laws meant to protect nursing home residents. Lawyers for the profit-making nursing home said that insurance will fully cover the settlement.

The mistreatment of Burrows began in May 2015 when she was discharged from the hospital with several “superficial” bedsores. Bedsores, also called pressure injuries or pressure ulcers in the medical community, develop when a person is pressed against a surface for an extended period of time. Due to decreased mobility and a higher rate of hospitalizations, the elderly are highly susceptible to bedsores. When bedsores are minor, they can heal quickly. However, minor bedsores can quickly turn into deep and painful sores when left untreated. Bedsores, especially serious ones, are usually preventable.

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Over a decade after a scathing article in the New York Post about the low-quality of care provided in many New York City nursing homes, the problem continues unabated at many nursing facilities. In 2006, the New York Department of Health fined 48 nursing homes in the five boroughs – including eight with violations so severe that nursing home residents were in “immediate jeopardy.” These nursing homes included:

  • United Odd Fellow and Rebekah Home. According to the Department of Health, a resident choked to death because the facility lacked adequate staffing. An inspection report from that year concluded that more than half of the staff at United Odd Fellow and Rebekah Home did not know how to perform the Heimlich maneuver.
  • Split Rock Rehab and Health Care. During 2006, this Bronx nursing home allowed a resident to die from lack of oxygen.

The federal government announced this month that it will begin performing more surprise inspections at nursing homes in an effort to crack down on nursing homes with inadequate staffing. According to the government, these surprise inspections will be done on Saturdays and Sundays at nursing homes with records of insufficient nursing staff on the weekends. According to the federal Centers for Medicare and Medicaid Services (CMS), nursing staff levels are directly correlated with the quality of care received by the nursing home residents.

Over a decade after the federal government mandated CMS collect payroll data and publicize each nursing home’s results, the federal agency finally overhauled its information technology system and began publicizing the information this year. While staffing levels at nursing homes were previously determined by “spot-checking” during yearly inspections, the new method for calculating uses payroll data from the entire year. Consequentially, the new method employed by CMS provides a more accurate and complete picture of staff levels.

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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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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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