New York Injury Lawyer Blog

Falls are the leading cause of accidental death among older adults and nursing home falls are reaching epidemic proportions in this country, according to statistics provided by the U.S. Department of Health and Human Services.

Many of us reach the agonizing decision to place a loved one in a nursing home only because we believe the professional staff and medical care available will provide the safest environment. New York Life reports that the New York City area is one of the nation's most expensive for nursing home care -- with annual costs often exceeding $100,000. A New York City nursing home neglect lawyer can assist families in cases where a resident has been seriously injured or killed in a fall accident.

The Journal of the American Medical Association reports that the average 100-bed nursing home reports as many as 200 falls per year. That means everybody falls twice! Naturally, elderly residents are more prone to suffering a fall accident -- that is part of why many of them have been entrusted to the care of a nursing home. The fact of the matter is that many nursing home falls are preventable and would not have occurred at all had proper supervision been provided or proper steps taken to help ensure an accident prone elderly resident did not suffer a serious or fatal injury as the result of a fall.

-About 5 percent of adults over 65 live in nursing homes, however nursing home residents account for about 20 percent of all fatal fall deaths.

-As many as three-quarters of nursing home residents suffer a fall each year.

-The average resident falls more than once. The average is 2.6 falls per person per year.

-About 1,800 nursing home residents die in fall accidents each year.

-Fall accidents frequently result in disability, health complications, declining function and reduced quality of life. On an emotional level, falls can result in a feeling of helplessness, depression, social isolation and a declining mental state.

Most common causes of nursing home falls

-One-fourth of falls are related to muscle weakness and patient health. Proper supervision of a patient with known medical issues can help ensure that he or she is not seriously injured or killed in a fall.

-About one-fourth are the result of environmental hazards that could have been prevented by the nursing home, including wet floors, poor lighting, incorrect bed height, ill-fitting wheelchairs or other causes.

-Complications from medication are the frequent cause of fall accidents. These, too, should be managed by a nursing home to prevent a patient from being injured in a fall.

Continue reading "Falls in New York City nursing homes can be classic sign of neglect" »

Hidden surveillance cameras have helped convict 30 employees of New York nursing home neglect or abuse, according to Attorney General Andrew Cuomo.

The Medicaid Fraud Control Unit has convicted one nursing home company and, in another case, Cuomo said a corporate owner agreed to pay a civil settlement.

"With the consent of family members, we put hidden cameras in nursing homes across the state, watching over the vulnerable who often cannot advocate for themselves," Cuomo said last week. "My office is strongly committed to using all the tools at our disposal to make sure people are getting the medical treatment and care they deserve."

The Attorney General announced charges against 14 employees at Northwoods Rehabilitation and Extended Care Facility in Troy and eight employees at Williamsville Suburban Nursing Home near Buffalo.

Northwoods employees are accused of failing to move an immobile patient and failure to take other steps to prevent bedsores. In Williamsville, two nurses and an aide are accused of failing to provide necessary treatment to an elderly woman and of falsifying records to cover it up. Five other aides are charged with misdemeanors for allegedly moving the woman without using a mechanical lift.

Last month, the New York Injury Lawyer blog posted information based on an article in the New York Times, which outlines steps families can take to help ensure their loved one is placed in a safe nursing home.

Continue reading "Hidden cameras spy New York nursing home abuse and neglect" »

Even in the best of circumstances, finding a nursing home for a parent or loved one is an emotional task that takes research and perseverance. Instances of New York City nursing home neglect and abuse are common. Finding a pleasant home with adequate and caring staff and solid medical practices is essential.

The New York Times has published an informative piece to assist those making the transition to managed care for an aging family member.

Unfortunately, the typical nursing home search is made under stress -- 60 percent of admissions come from hospitals -- taking the time to do some advance planning can make a big difference.

"Hospitals ought to be more aware, but it often is just not on their radar screen whether they are sending a patient to a good nursing home or a bad one," said Janet Wells, director of public policy at the National Consumer Voice for Quality Long-Term Care, told the Times.

And what can begin as a temporary stay can often become permanent and can sometimes depend, at least in part, on the quality of care a loved one is receiving in a chosen nursing facility.

Cost is another factor, with the price of an average stay at $200 a day, not counting additional fees for specialized services like the care of Alzheimer's patients.

The Times recommends the following steps in searching for a quality New York nursing home:

START WITH THE DATA: Every year the Centers for Medicare and Medicaid Services collect data on more than 15,000 nursing homes throughout the country. The information is used for ranking homes with a 1 to 5 star system. To conduct your search, go to medicare.gov and click on the "nursing home compare" tool.

The site also offers other resources, including Medicare's Guide to Choosing a Nursing Home.

Keep in mind that government rankings have their limits, and they reflect the nursing home's performance during only a short period.

VISIT, THEN VISIT AGAIN: There is no substitute for what you see, hear and smell when you visit a nursing home. Visit at different times of the day and days of the week. Ask to speak to those in charge and beware if you are put off by the request.

WHAT TO ASK : Two movements within the nursing home industry can be a sign of quality care, "person-centered care," and "consistent assignment."

Person-centered care allow residents to set their own schedules, including waking, eating and other activities.

Consistent assignment simply means that the same staff members -- doctors, nurses, aides -- treat the same patients each shift. The continuity of care reduces errors or problems and helps residents and staff members to develop a lasting relationship that can significantly improve a resident's emotional well-being.

TURNOVER: Ask what percentage of staff leaves the facility each year. Turnover is an issue within the industry and can also be a sign of a poorly run home. Less than 30 percent is considered good. Higher than 50 percent can be a warning sign.

CALL YOUR OMBUDSMAN: Each state has a federally funded long-term care ombudsman who is an advocate for nursing home patients. Click here to visit the New York ombudsman.

Continue reading "Homework can reduce the risk of New York City nursing home neglect and abuse " »

The booming industry of long-term care hospitals has higher rates of violations and less oversight than traditional medical facilities, according to a report in The New York Times.

New York City nursing home abuse and neglect lawyers and New York medical malpractice attorneys represent patients and their families against negligent hospitals, nursing homes or other medical facilities.

More than 400 long-term acute care hospitals have opened up around the country in the last 25 years. Few have staff physicians and most are owned by large for-profit companies, according to The Times investigation. Such facilities were cited for violations up to four-times more frequently than regular hospitals and had more incidences of bedsores and infections.

Such long-term care facilities now treat 200,000 patients a year at a projected cost of $4.8 billion. Unlike specialized hospitals, such as children's hospital or mental health facilities, long-term care hospitals offer no specialized care and are defined only by the length of patient stays. Most are smaller than regular hospitals, averaging about 60 beds.

However, many patients who require such lengthy hospital stays are very sick, and need complex treatments, including dialysis and ventilator care.

The Times reported that such facilities are not closely monitored by Medicare, which does not penalize them financially for failing to submit quality data. Supporters content such facilities fill a crucial void for patients not sick enough for regular hospitals but too sick for nursing home or at-home care.

Opponents are especially concerned about the care provided by such for-profit companies, which have higher profit margins and spend less on patients, according to Congressional research.

One operator of long-term care facilities examined by the Times provided care for 42,000 patients and employed 23,000 people last year. In addition to a higher rate of violations, the average stay of 24 days at the company's facilities fell just under the 25-day stay for which maximum Medicare reimbursement was available.

Similar challenges face the nursing home industry, where more than half of the nation's 17,000 nursing home facilities are operated by large corporations and two-thirds are for-profit businesses, according to the American Health Care Association.

A New York nursing home neglect case filed against a Brooklyn nursing home by the family of a 76-year-old patient found with more than 20 bedsores has resulted in $19 million jury award.

The jury award is believed to be the first in the state against a nursing home that includes punitive damages, Fox News reported.

At Queller, Fisher, Washor, Fuchs & Kool, our New York City nursing home abuse lawyers encourage everyone to help police a system that is increasingly crowded, underfunded and understaffed. If you suspect a friend or loved one is being neglected or mistreated, contact the New York City nursing home neglect and abuse attorneys at Queller, Fisher, Washor, Fuchs & Kool for a free and confidential appointment to discuss your concerns.

Nationwide, there are 1.8 million nursing home beds in 17,000 nursing home facilities but an aging population will continue to stress the system. In New York City alone, an estimated 1.2 million residents are over the age of 60 - half a million are older than 75, according to the New York City Department for the Aging.

In this case, the daughter of the man pulled her father from the nursing home after just nine months, claiming he had lost almost 100 pounds and was covered in bedsores.

He died in another nursing home six months later as a result of an infection from the bedsores, according to court testimony.

After two days of deliberation, a Brooklyn jury found the Cypress Hills facility delivered substandard care. Fox News reported that the panel awarded $3.75 million for pain and suffering and $15 million in punitive damages based in part on the allegation that the home attempted to cover up the neglect.

The case alleged that the home restrained the victim, who suffered from Alzheimer's, to keep him from wandering off but then left him unattended for long periods.

Another daughter of the victim said the family chose the nursing home because it was the only facility with beds available when they realized he could no longer live on his own.

The New York State Department of Health offers information for families choosing a nursing home. Click here to learn more.

Continue reading "Brooklyn nursing home neglect case results in $19 million jury verdict" »