Nursing Homes Continue to Victimize Residents Despite Federal Regulations

Photo by CBS-DFW

Nursing Homes and Rehabilitation Facilities are regulated by the Federal Government.  Despite this oversight, nursing homes and rehabilitation facilities routinely abuse and neglect their residents. Nursing Homes cited by the government for repeated violations can be designated as a “special focus” facility.  This means more frequent inspections by a government agency. Medicare and  Medicaid can withdraw funding from facilities that repeatedly fail inspections. The majority of Nursing Homes and Rehabilitation Facilities cannot operate without Medicare or Medicaid funding.  Nevertheless, the quality of care in nursing homes and rehabilitation facilities has continued to decline.

Study Shows Bad Behavior Resumes After Special Oversight Is Removed

In 2014, a study looked at 528 facilities across 46 states with “special focus” status that completed the additional inspections.  Shockingly, 52% of these facilities resumed their abusive behavior and/or neglectful care when removed from the watch list.

Abusive and neglectful behaviors identified in the study included:

• administering the wrong medications;
• attacks by staff on residents; and
• injuries or death from medical negligence.Examples of medical negligence included:
• the formation of  dangerous bedsores (decubitus ulcers);
• injuries from falls;
• not enough registered nurses; and
• insufficient staffing.The nursing homes that failed their inspections a second time were merely issued fines for the repeated violations.  They were not placed back on the watch list
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  Photo by Local10.com

Maryland Nursing Home Is Shut Down

NMS Healthcare of Hagerstown, Maryland spent 10 months on the special watch list.  It was removed from the list in 2010.  In 2016, Maryland’s Attorney General filed suit against the facility and its’ owner for wrongfully evicting frail, infirm, and mentally disabled residents.  The suit alleged the facility wrongfully evicted resident’s when their health coverage ran out, or when presented with new residents with more lucrative insurance.   The Centers for Medicare and Medicaid Services found the facility to be out of compliance. NMS Healthcare closed its’ Hagerstown location in 2017.  The lawsuit is still pending.

Nursing Home Settlements and Verdicts

Nursing home verdicts and settlements have increased substantially for victims and their surviving families over the past 15 years.  Significant settlements have even been obtained in states such as Maryland where there is a cap (limit) on non-economic damages (pain and suffering).  Settlements can range from $300,000-$600,000 in cases where bedsores (decubitus ulcers) cause serious injuries or death,.  A cases’ settlement value increases when there are substantial economic damages.  Economic damages can include medical bills related to injuries caused by the facility, or lost wages where the resident was undergoing rehab and reasonably planned on returning to work.

In Arkansas, a nursing home resident died after suffering over the course of two years from serious malnutrition, pneumonia, urinary tract infections, dehydration resulting in kidney failure, and 35 bed sores.  The jury returned a verdict of $7 million. Verdicts and settlements vary from state to state and depend on multiple individual case factors, as well as the laws in the state where the claim is made.

Nursing Home Help with Experience

Nursing home cases require experienced nursing home attorneys. At Hirsch & Cosca, we have the experience to help you. We know that making the decision to entrust the care of a loved one to an assisted living, nursing home, or rehabilitation facility is a difficult and emotional experience.  It is a decision that is made with the absolute best of intentions to ensure your loved one is getting everything they need, that the family can no longer provide on their own.

The hope, and expectation, is that these facilities will provide their residents with appropriate medical care, social engagement, and assistance with daily living needs.  When they don’t, it may be necessary to enlist the services of experienced nursing home abuse attorneys that can help ensure your loved ones get justice for the substandard care given by these facilities. At Hirsch & Cosca, we are ready to help you. For additional information, call 301-818-1000, or click https://hcinjurylaw.com/nursing-home-negligence-attorneys/

Article by Hirsch & Cosca law firm.