Veteran Administration claims "Quality Assurance" Privilege

Philadelphia Daily News had an article about the Veteran Administration trying to conceal system wide neglect at a VA nursing home.  In a directive, VA officials informed local agency officials that inspection reports are no longer to be released to the public including family members of residents.  The directive came after the Tribune-Review disclosed details of a 2008 report on the nursing home that concluded the VA "failed to provide a safe and sanitary environment for their residents."   Such reports from the Long Term Care Institute - which the VA hired to inspect its facilities - are considered "protected" documents under the provisions of a federal law designed to promote improved quality, the directive states.  The Wisconsin-based institute, according to VA officials, conducted similar inspections of more than 100 VA facilities nationwide. Under last week's order, none of those reports will be made public.

The report cited by the Tribune-Review was released by VA officials in Philadelphia under a public records request.   It described how one veteran had to have his leg amputated after a serious infection had gone untreated for so long that it attracted maggots. It also described blood-stained floors, a fly infestation and life-threatening treatment of veterans dependent on tube feeding.

 

 

Order compelling production of incident report

We have uploaded a great Order compelling the production of an incident report.  The defense attempted to claim that the incident report was work-product.  The Court rightly disagreed.  All nursing homes are required by state and federal regulations to investigate and prepare incident reports when an incident causing injury to a resident ha occurred.  This is done in the ordinary course of business and not as result of anticipation of litigation.  These incident report should be produced but defense attempts to hide these incident reports from the families of residents.

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