Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

Articles Posted in Nursing Home Abuse

Published on:

By

nursing home patients are more than ever at risk of neglect and abuseAs a lawyers specializing in nursing home abuse cases, we have seen firsthand the devastating impact of understaffing in skilled nursing facilities. It’s a crisis that affects not only the residents but also their families who trust these facilities to provide quality care. Therefore, when the House Ways and Means Committee voted to bar the Centers for Medicare & Medicaid Services (CMS) from finalizing staffing minimums, it sent shockwaves through the advocacy community.

President Joe Biden’s proposed staffing standards, announced during the 2022 State of the Union, were a beacon of hope for many vulnerable seniors and their loved ones. The plan aimed to ensure that nursing homes provide a minimum of three hours of care per resident per day, with a significant portion of that time coming from registered nurses. Additionally, it mandated that at least one registered nurse be on duty at all times.

However, the road to implementing these crucial standards has been riddled with obstacles. Opponents argue that requiring nursing homes to increase staffing levels amidst nationwide shortages would lead to closures and limited care options, particularly in rural areas. But what about the residents who rely on these facilities for their daily needs?

Continue reading →
Published on:

By

Fire accident sceneIn the early hours of a Sunday morning, a devastating fire tore through the Harmon Shepard Hill apartments, a senior housing complex in Plainview, Long Island. This tragic incident claimed the lives of two women, 84-year-old Theresa Casale and 74-year-old Lynne Citron, and displaced about 20 residents, highlighting a dire need for stringent safety measures and legal accountability in senior living facilities.

The blaze, which erupted amid freezing conditions, prompted a massive response from firefighters who battled the flames and worked tirelessly to evacuate residents. Despite their efforts, the rapid spread of the fire on the second floor made it particularly challenging to ensure everyone’s safety. The loss of Ms. Casale and Ms. Citron, both of whom were known to have mobility issues, underscores the vulnerability of senior residents in such emergencies.

As personal injury lawyers, this incident raises significant concerns about the legal responsibilities of housing complexes, especially those catering to seniors. The primary question revolves around whether adequate fire safety measures were in place and if the complex adhered to all required building codes and standards designed to protect its residents.

Continue reading →
Published on:

By

nursing homes are facing staff shortage putting at risk residentsAmidst growing concerns about the quality of care in nursing homes, the Centers for Medicare & Medicaid Services (CMS) recently introduced proposed guidelines aimed at improving staffing levels. However, a new estimate by the Kaiser Family Foundation (KFF) has revealed that a staggering 81% of nursing home facilities nationwide, and a staggering 90% of for-profit facilities, would need to hire additional registered nurses (RNs) or nurse aides to meet these standards.

Under the proposed rule, nursing homes would be required to maintain a minimum of 0.55 RN and 2.45 nurse aide hours per resident day, along with having an RN available on staff 24/7. This rule is a response to long-standing concerns about inadequate staffing negatively affecting the care provided to nursing home residents.

Predictably, industry leaders have voiced their reservations about this proposal, arguing that a nationwide nursing shortage makes it nearly impossible for facilities to meet these staffing targets. The effects of the COVID-19 pandemic have further exacerbated this issue, with many workers leaving their positions due to burnout, low wages, and the intense stress associated with caring for vulnerable populations during a public health crisis.

Continue reading →
Published on:

By

nursing home patients are more than ever at risk of neglect and abuseConditions at for-profit nursing homes worsened during the pandemic and patients suffered from it according to a recent report by by the House of Representatives’ Select Subcommittee on the Coronavirus Crisis.

The Subcommittee looked at 5 for-profit chains that operate around 850 nursing homes with a total of 80,000 residents during the first months of the pandemic. According to the report these corporates are structured in an opaque way that allow them to shed responsibilities and protect themselves from being accountable for patient neglect or abuse.

The House of Representatives’ Select Subcommittee on the Coronavirus Crisis found that work conditions were horrendous for the personal at these nursing homes with on average one nurse having to care for 30 patients. As a result, patients waited for hours, sometimes days for basic care. The report highlights a case of a patient who vomited on herself and was cleaned two days later or another patient who had to wait for hours just to get water.  Staff not only were forced to share personal protection equipment because of shortage but also pressured and threatened to work even though they were sick with Covid19. As a result, infection spread faster among already weak residents and staff. So far it is estimated that 160,000 nursing home residents and 2,600 nursing home workers died from Covid19.

Continue reading →
Published on:

By

injured hand of an elderly patientSadly elder abuse is quite common in the US. It is estimated that 5 to 10% of elders suffer abuse of various types such as physical or psychological abuse, financial exploitation  or neglect. Often those who are abused suffer multiple types of abuse together. Depression, chronic illness hospitalization and placement in nursing homes are often the direct consequences of these abuses. When an elder has little contact with the outside world except for his or her oppressors, the physicians are often the only ones who can determine if abuse occurs and raise the alarm. When physical abuse occurs, elder patients who show up at the emergency room often pretend they fell.  A good emergency physician should be able to differentiate between fall injuries and abuse injuries and raise the alert if necessary.

A recent study  published in the Annals of Emergency Medicine and led by Tony Rosen, Department of Emergency Medicine, Weill Cornell Medical College / NewYork-Presbyterian Hospital, in New York compares the injuries of 78 elder patients who were physically abused with the injuries of 78 elder patients who unintentionally fell. Here are some of the findings:

  • Bruises could be a sign of abuse. 78% of elders who were physically abused suffered bruises compared to 54% of those who fell
Continue reading →
Published on:

By

injured hand of an elderly patientIn New York State, many nursing home residents are neglected because the facilities are significantly understaffed.  Most nursing homes are run by corporations that are more interested in increasing their shareholder profit rather than making sure their residents are proprely taken care off. Additionally,  the staff is so poorly paid, between $12.50 Upstate NY  to $15 an hour in New York City, that it is difficult to recruit people especially during the pandemic. In comparison, fast food workers are making $14.50 an hour in New York.

New laws signed to prevent understaffing will only take effect next year

Recently Andrew Cuomo signed new laws requiring nursing home and hospitals to form clinical staffing committees that include front-line nurses and other direct care staff when setting annual staffing standards for units. Additionally, nursing home facilities will be required to have a minimum daily average of 3 1/2 hours of nursing care per resident. These two laws will only take effect in January 22 and do not include a raise in the minimum wage for workers (read more in Healthcare Dive)

Continue reading →
Published on:

By

injured hand of an elderly patientA policy instituted in 2017 that restricted fines to a maximum one-time amount of $22,320 to nursing homes violating safety standards, even if violations were persisting, has been reversed.

The reversal of the policy comes 6 months after the AAARP Foundation filed a Lawsuit with the help of  a Washington based law firm to fight this policy.

The 2017 policy  instituted by the Federal Centers for Medicare & Medicaid Services (CMS) endangered the lives of nursing home residents as well as their employees.

Continue reading →
Published on:

By

nursing home abuseVictims of nursing home abuse , hospital neglect or medical malpractice in New York State not related to Covid-19 can legally hold healthcare professionals responsible for their negligence again.

Yesterday, NY Governor Andrew Cuomo signed a law that rolls back the legal immunity that nursing homes and hospitals were granted during the coronavirus crisis

Since yesterday these institutions can again be held liable in criminal prosecutions and lawsuits.

Continue reading →
Published on:

By

injured hand of an elderly patientA recent study at a New York emergency room compared the injuries of  elderly patients who suffered physical abuse with the injuries of elderly patients who suffered unintentional fall.  The reason for the study was for the emergency room professionals to be able to identify “red flags” for elderly abuse.  Elderly abuse in New York and elsewhere is largely under-reported. Often abused seniors who show up at the emergency room tell the staff that they fell.

“The first place that many vulnerable older patients turn for care is the emergency department,” said lead study author Tony Rosen, MD, MPH, FACEP, assistant professor of emergency medicine at Weill Cornell Medicine and director of the Vulnerable Elder Protection Team based at New York-Presbyterian/Weill Cornell Medical Center’s emergency department. “Emergency physicians have a unique opportunity to identify the ‘red flags’ for elder abuse. Improving the ability to recognize, treat, and prevent these incidents can improve the lives of millions of older patients.”

The study looks at a total of 156 elderly patients who showed up at the emergency room of a New York Hospital.  The researchers compared 78 cases of injuries related to abuse with 78 cases of injuries related to unintentional fall. They  found specific differences between unintentional  fall injuries and abuse injuries:

Continue reading →
Published on:

By

covid-19-2Dozens of resident at The Harlem Center for Nursing and Rehabilitation died from Covid-19 but the facility  failed to report them.  The nursing home was slapped with violations from the NY Health Department for hiding the deaths of 25 residents.

The facility was reported by a neighbor who recorded a video showing at least 20 bodies in black bags being transported out of the nursing home and piled into trucks. At the time, the nursing home had only reported 5 deaths. It is is now facing a fine for failing to protect its residents and under-reporting the number of deaths.

While nursing homes as well as hospitals are immune from most neglect lawsuits during the pandemic, they are legally obligated to disclose the number of  residents who died from the coronavirus. According to an executive order that was released by Andrew Cuomo on April 17,  nursing homes have to report coronavirus deaths to family members within 24h. Nursing homes that don’t comply can be fined $2,000 per undisclosed death and risk the revocation of their license as well as criminal prosecution.

Continue reading →
  1. Pages:
  2. 1
  3. 2
  4. 3
  5. 4
  6. 5
  7. 6
Badges
Super Lawyers Best Lawyers Martindale-Hubbell
SEE NEW JERSEY DISCLAIMER PAGE- AWARD METHODOLOGY