South Carolina Nursing Home Blog

South Carolina Nursing Home Blog

Nursing Home Information & Litigation

Category Archives: Trial themes

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Lawsuit about Short-staffing

Posted in Advocacy, Staffing, Trial themes
ABC News reported that Preferred Care Partners Management Group L.P., one of the nation’s largest for profit nursing home chains, has been sued by New Mexico over inadequate resident care, alleging that thin staffing made it numerically impossible to provide good care. The nursing homes profited by skimping on staff “at the expense of the physical well-being of vulnerable … Continue Reading

Lawsuits Alleging Overmedication

Posted in Advocacy, Medications, Trial themes
NPR reported on the federal lawsuit against two Watsonville, Calif., nursing homes which offers a new approach to dealing with the persistent problem of such facilities overmedicating their residents.  The lawsuit details multiple cases when the government says these drugs were inappropriately administered to patients. For instance when an 86-year-old man identified in the lawsuit as Patient 1 … Continue Reading

Corruption in SC?

Posted in Advocacy, Tort Reform, Trial themes
FITS News reported on new developments in an ongoing federal-state investigation of corruption at the S.C. State House.  Specifically, powerful S.C. ways and means chairman Brian White – who in addition to other things is reportedly being investigated for some sort of “residency” issue.  In reviewing past residences listed by White (he quit providing taxpayers with residency information in 2012), … Continue Reading

Center for Public Integrity

Posted in Advocacy, Staffing, Tort Reform, Trial themes
The Center for Public Integrity released a three-part investigative series on nursing home care. Part One: Analysis shows widespread discrepancies in staffing levels reported by nursing homes In part one, Jeff Kelly Lowenstein discovers discrepancies in staffing levels reported by nursing homes, finding that over 80% of facilities report higher levels of registered nurse care to the … Continue Reading

New Medicare Rules to Deter Abuse

Posted in Medicare, Trial themes
The Wall Street Journal: New Medicare Rules Aim To Reduce Abuse  The Obama administration last week strengthened Medicare’s authority to kick doctors and other medical providers out of the federal program for abusively billing the government. The move represents a significant shift in how the government tackles waste in Medicare, the insurance program for the … Continue Reading

Health Care Spending Lowest in Decades

Posted in Advocacy, Tort Reform, Trial themes
Kaiser Health News: Growth In U.S. Health Spending In 2013 Is Lowest Since 1960  Kaiser Health News staff writer Mary Agnes Carey reports: “National health spending grew 3.6 percent in 2013, the lowest annual increase since the Centers for Medicare and Medicaid Services (CMS) began tracking the statistic in 1960, officials said Wednesday. Spending slowed for … Continue Reading

Turner Resigns Amid Ethics Scandal

Posted in Tort Reform, Trial themes
The Washington Times reported that disgraced Rep. Eric Turner submitted his resignation from the Legislature.  Turner made no mention of the ethics scandal which removed him as House speaker pro tem.  An Associated Press investigation earlier this year uncovered Turner’s major financial stake in his family nursing home business, Mainstreet Property Group.  Internal Mainstreet documents showed that Turner and … Continue Reading

Justice Delayed is Justice Denied

Posted in Abuse and Neglect, Trial themes
The New York Times reported another adjournment in the rape case of a 64-year-old woman with dementia.  This is the sixth time the case was postponed. This time the trial adjourns until February, during which time the Bronx District Attorney’s office will continue its investigation into the case and attempt to reach a plea deal with … Continue Reading

Why is HUD Subsidizing For-Profit Nursing Homes?

Posted in Advocacy, Trial themes
NBC News reported a disturbing finding based on a study published by The Center for Public Integrity, a nonprofit, nonpartisan investigative news organization in Washington, D.C.  The study found that since 2009, hundreds of nursing homes nationwide have received a combined total of nearly $2 billion in low-cost mortgages guaranteed by the Department of Housing and Urban Development even after receiving the … Continue Reading

“Chart Killers”

Posted in Advocacy, Medicare, Trial themes
McKnight’s reported that Skilled Healthcare Group and a Nevada hospice that it operates have been charged with submitting “tens of millions of dollars” in false Medicare and Medicaid claims, the U.S. Department of Justice announced.  Management at Creekside Hospice in Las Vegas used the term “chart killers” to describe documentation showing patients were improving and … Continue Reading

Widespread Inaccuracies in Reported Nursing Home Staffing Information

Posted in Staffing, Trial themes
The Center for Public Integrity has released an analysis showing large-scale discrepancies in the nurse staffing information self-reported by nursing homes on the Centers for Medicare and Medicaid (CMS) Nursing Home Compare website. By comparing staffing information contained in cost reports nursing homes make annually to the Medicare program and staffing data reported on Nursing Home Compare, … Continue Reading

Falls and Lawsuits

Posted in Fall Prevention, Tort Reform, Trial themes
Resident falls continue to present the greatest risk of lawsuits to skilled nursing facilities and other long-term care providers, according to a released report from insurance company CNA.  See CNA Report.  Between 2012 and 2013, falls accounted for 41.5% of closed professional liability claims against CNA-insured nonprofit skilled nursing facilities.  This was down from nearly … Continue Reading

Family Prevented from Visiting Mom

Posted in Abuse and Neglect, Trial themes
The Southeast Texas Record reported a Texas nursing home’s attempt to silence one family’s complaints.  Mackey Glen Peterson, Don Leslie Peterson and Lonny Peterson are the children of a woman living in Silverado Senior Living, doing business as Silverado Senior Living–Sugar Land nursing home.  They have been banned from the facility because of postings on social media. The … Continue Reading

$38 Million Settlement

Posted in Staffing, Trial themes
In 2011, after a trial that lasted nearly two weeks in front of Kanawha Circuit Judge Paul Zakaib, jurors found that Heartland of Charleston failed to feed and care for Dorothy Douglas, who stayed at the home for about three weeks. The jurors awarded Douglas’ son and her estate $11.5 million in compensatory damages and … Continue Reading

Infections and Antibiotics

Posted in Medications, Trial themes
Forbes reported an interesting article about the prevalence of infections in nursing homes and the overuse of antibiotics.   The Centers for Disease Control estimates that two-thirds of all residents will be given at least one course of antibiotics this year, and that 25 percent to 75 percent of those prescriptions will be inappropriate. But as a result … Continue Reading

Report on Medical Malpractice Litigation

Posted in Tort Reform, Trial themes
MedpageToday reported a new report from the consumer group Public Citizen  showing that medical errors remain a major problem to health and safety of patients, and the cost of health care.  Public Citizen said it is troubled by the overall decline in the volume and value of such claims over the last 15 years, because it found … Continue Reading

Ratings Not Enough When Choosing a Good Nursing Home

Posted in Regulatory enforcement, Trial themes
Contrary to previous thought, five-star nursing home ratings awarded by The Centers for Medicare and Medicaid Services (CMS) may not actually reflect the facility’s quality of care. This is because most nursing home administrators have learned how to trick the system through yo-yo compliance, which is when a home meets its standards for a while … Continue Reading

Evading Responsibility

Posted in Tort Reform, Trial themes, Verdicts/Settlements
The Madison-St. Clair Record reported that Defendants in a nursing home neglect case refuse to pay a $20,000 jury verdict and $99,000 in fees and costs.  The Administrator of the estate of Jane Schwarz, successfully argued that Rosewood Care Center of Alton was negligent for a fall injury Schwarz suffered at the facility on May 27, 2002, … Continue Reading

Rising Tide of Infections

Posted in Abuse and Neglect, Trial themes
Nursing home infection rates are on the rise, a study titled: “Longitudinal Trends in Infection Rates in US Nursing Homes, 2006 – 2011″ from Columbia University School of Nursing found, suggesting that more must be done to protect residents of these facilities from preventable complications. The study, which examined infections in U.S. nursing homes over a … Continue Reading

Sava’s Deal with NorthStar Healthcare

Posted in Tort Reform, Trial themes
NorthStar Healthcare Income, Inc. (NorthStar Healthcare) announced that it invested more than $170.0 million in two healthcare real estate transactions, including one assisted living portfolio acquisition and one mezzanine loan backed by a portfolio of skilled nursing and assisted living facilities. NorthStar Healthcare acquired a 570-unit portfolio of senior housing assets for $125.0 million, plus … Continue Reading

Extendicare Settlement with DOJ

Posted in Advocacy, Medicare, Trial themes
Extendicare Health Services Inc. (Extendicare) and its subsidiary Progressive Step Corporation (ProStep) have agreed to pay $38 million to the United States and eight states to resolve accusations that Extendicare billed Medicare and Medicaid for materially substandard nursing services that were so deficient that they were effectively worthless and billed Medicare for medically unreasonable and unnecessary … Continue Reading

Hospice Care in Nursing Homes

Posted in Advocacy, Trial themes
Senior Housing News reported that care experiences are typically worse in the nursing home setting, according to the latest results of a Hospice_Field_Test_Report_2014 by the Centers for Medicare & Medicaid Services (CMS).  The Hospice Experience of Care Survey measured experiences of patients and their caregivers in three hospice settings: nursing home (including both skilled and regular nursing … Continue Reading

Importance of Communication

Posted in Advocacy, Trial themes
Dr. Jeffrey Levine on his website recently wrote an interesting article about the importance of communication among health care providers using the Ebola case in Texas as an example.  Below is the article in full. A simple lapse in communication in a Texas hospital resulted in a patient with a deadly contagious disease being discharged home. … Continue Reading