A Philadelphia jury recently awarded 1.5M in punitive damages against a hospital and 3.5M in punitive damages against a nursing home, for the death of an elderly man from bedsores two years after his discharge. When the then 74 year old man went to the hospital due to weakness and confusion, the hospital failed to diagnose a urinary tract infection that made him susceptible to the bed sores that ultimately killed him. His condition worsened at the nursing home, and he became malnourished to the point that he lost 28 pounds. The verdict sent a strong message that such negligent care would not be tolerated.

If you or someone you know has been harmed by neglect or abuse in a nursing home, you may contact Ben Gideon at bgideon@bermansimmons.com

For more, see:
Philadelphia jury awards 5M in punitive damages for death of elderly man from bed sores

Federal prosecutors filed a whistleblower suit last year against an Atlanta-based nursing home chain and its subsidiary, alleging they accepted 50M from pharmacy giant Omnicare in return for an agreement to use Omnicare’s services for the next 15 years. The kickback was disguised as a payment to acquire a small business owned by the chain and worth much less than 50M. The settlement paid by the nursing home chains will go to the federal government and several state Medicaid programs. As the Health and Human Services Inspector General Daniel Levinson stated, kickbacks are “insidious” because they “distort medical decision making.”

If you or someone you know has been harmed by neglect or abuse in a nursing home or care facility, contact Benjamin Gideon at bgideon@bermansimmons.com

For more information, see: Nursing Home Chains Pay 14M to Settle Kickback Probe

A recent study published in the Journal of the American Medical Association found that feeding tubes were overused in persons with advanced dementia. The study authors found feeding tubes were used even when someone had specified in writing that he did not want a feeding tube. Persons with advanced dementia are often given feeding tubes when they can no longer swallow, although according to the study’s authors, medical literature suggests the feeding tube does not extend survival or offer any other benefit to the patient.

Feeding tubes may be overused for economic reasons. Feeding tubes are often placed when a person with advanced dementia is hospitalized. For profit and large hospitals are more likely to insert feeding tubes, which allow the hospital to discharge the patient back to the nursing home more quickly. Nursing homes may encourage the use of feeding tubes because it requires less staff time and effort than the careful hand feeding needed for someone with advanced dementia. An article on the study is available at: Feeding Tubes May Be Overused in Demented Patients

If you or someone you know has been harmed by neglect or abuse in a nursing home, you may contact Ben Gideon at bgideon@bermansimmons.com

A decline in the ability to care for oneself or move around during a nursing home stay is not inevitable, and could signal neglect. Under federal law that regulates all nursing homes receiving Medicare and Medicaid, a resident’s ability to walk or transfer herself in and out of a wheelchair should not diminish over time unless it is due to an unavoidable medical condition. The resident’s ability to bathe, dress and groom herself, eat, use the toilet and move around also should not decline unless due to an unavoidable medical condition. The fact that a resident has a medical diagnosis does not justify a decline in her ability to move or care for herself. Under federal law, deterioration is only unavoidable if caused by a progression of disease, the onset of a new disability, or refusal of treatment.

If you or someone you know has been harmed by abuse or neglect in a nursing home or residential care setting, contact Ben Gideon at bgideon@bermansimmons.com.

 Government Accountability Office Finds That Federal and State Nursing Home Surveyors Understate Serious Care Problems

At Congress’ request, the GAO has investigated the activities of federal and state surveyors responsible for surveying nursing homes.  Federal and state surveyors are responsible for ensuring that nursing homes comply with federal quality and safety requirements.  The GAO found that surveyors underreported serious care problems.  In fact, 25% of monitoring surveys in nine states found serious deficiencies that previous surveyors had failed to cite.  The GAO recently issued a report on the factors causing surveyors to underreport problems.  It found that in a number of states, the state had a practice not to cite certain deficiencies.  Surveyors in some states reported the states’ informal dispute resolution process favored nursing home intrests over the safety and welfare of residents, and that pressure from the nursing home industry or legislature may have compromised the survey process.

If you or a family member has been harmed by substandard care in a nursing home, contact bgideon@bermansimmons.com.