South Carolina Nursing Home Blog

South Carolina Nursing Home Blog

Nursing Home Information & Litigation

Category Archives: Trial themes

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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

Can Corporation Be Trusted?

Posted in Regulatory enforcement, Tort Reform, Trial themes
Forbes had an interesting article on the question of whether a corporation can really investigate its own behavior especially if that behavior is profitable.  Do internal compliance programs really work, or does their mere existence give well-compensated employees plausible rationale not to question conduct that would otherwise be questionable?  Can we count on a corporation … Continue Reading

Reporting Medical Errors

Posted in Tort Reform, Trial themes
How many preventable medical errors occur in your local hospital? Research shows 440,000 patients die each year from preventable medical errors. But finding out how safe your local hospital is can be a difficult task. Write to Congress TODAY to fix this problem. Recently, an arm of the federal government called the Centers for Medicare and … Continue Reading

Dead for Hours

Posted in Advocacy, Trial themes
Addicting Info website had an interesting story about a beloved Grandmother who fell 11 times at a nursing home that received 5 stars on the CMS website.  In the video a Medicare five-star nursing home fails patients miserably.  And the children of this elderly woman had no idea it had over 150 complaints against it. “He’s not … Continue Reading

Connecticut Lawmakers Approve Nursing Home Disclosure Bill

Posted in Regulatory enforcement, Tort Reform, Trial themes
The Connecticut Post reported that regulators in the state have approved a bill requiring for-profit nursing homes to report profits and losses from related businesses. The state’s House and Senate have passed the legislation, which also delegates examining quality of care, staffing levels, and financial solvency of facilities to a Nursing Home Financial Advisory Committee. … Continue Reading

Chemical Restraint Settlement of $1.5 million

Posted in Medications, Trial themes, Verdicts/Settlements
A nursing home accused of using morphine to keep difficult residents sedated has paid $1.5 million to settle a wrongful death lawsuit after offering to settle for $100,000 during mediation.  The son of a former resident brought the suit on behalf of his mother, who had Alzheimer’s and had stayed in a locked unit at the nursing home. He … Continue Reading

Up-coding as Medicaid Fraud

Posted in Advocacy, Discovery issues, Trial themes
Westfair Online reported a nursing home will pay $2.2 million to the state and federal governments to settle claims of Medicaid fraud.  Ralex Services Inc., which operates the Glen Island Center for Nursing and Rehabilitation on Pelham Road in New Rochelle, and its owner, Leah Friedman, will return the $2.2 million garnered from allegedly submitting more … Continue Reading

Increase RN Staffing in Nursing Homes

Posted in Staffing, Trial themes
Help Increase RN staffing in Nursing Homes: Ask your Congressperson to Co-sponsor 24-hr RN Bill Congresswoman Jan Schakowsky has introduced a bill  - H.R. 5373 - calling for nursing homes to have a registered nurse (RN) on duty 24 hours a day/7 days a week! Currently, federal law only requires nursing homes receiving Medicaid and/or Medicare funding … Continue Reading

Treatment in Nursing Homes Harms 1/3 of its Patients

Posted in Abuse and Neglect, Advocacy, Staffing, Trial themes
A recent NPR article by Ina Jaffe reported on the failing state of the nation’s long term care facility. In the article, Jaffe noted that many of theseshortcomings and harm to patients come from poor training and short staffing; these problems are nothing new to this industry.  Jaffe’s report follows the story of the death … Continue Reading

Nonprofit Nursing Homes in New Jersey Outperform For-profits

Posted in Advocacy, Tort Reform, Trial themes
Everyone who works or studies the nursing home industry knows that nonprofits and mom and pop operators provide better care than the national for profit chains.  Numerous studies support this conclusion. According to the NJ Spotlight, the performance gap between nonprofit nursing homes and for-profit nursing homes is quite distinctive. The analysis is based on … Continue Reading

Nursing Homes Confused Over What Abuse to Report

Posted in Abuse and Neglect, Trial themes
Though it’s the third most regulated business in the country, nursing homes still fall short in reporting incidents and abuse.  Intentional policy of cover up or poor training? According to a report done by The Anniston Star, which surveyed state nursing home inspections for Calhoun County in Alabama, nursing homes are confused over what they … Continue Reading

Abuse Caught on Tape

Posted in Abuse and Neglect, Regulatory enforcement, Trial themes
Staten Island Live has a video and a story about an abused vulnerable adult.  Peter Mazza, a beloved husband, father and grandfather, wanted to spend his final years living with dignity in the comfort of his Oakwood home. Instead, Mazza’s last months before his death in June at age 99 were traumatic and terrifying.  Home-health aides … Continue Reading

Nursing Homes Responsible for Contractors

Posted in Advocacy, Trial themes
The Des Moines Register reported that Life Care Services and a California nursing-home company called ParkVista that manages nursing homes across the country has agreed to help pay a $3.8 million settlement for alleged over-billing of Medicare, federal officials announced.  Life Care Services and ParkVista were involved in an “arrangement” (read as criminal enterprise) under which a … Continue Reading