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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 Tagged with nursing home abuse ny

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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)

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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.

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luxury nursing home roomMany nursing homes have attractive lobbies and enticing amenities but neglect to provide medical care to their patients.  Geriatric researchers call this disconnect “the chandelier effect”. Because short term medicare patients are much more lucrative than long term medicaid patients, nursing home are investing in luxurious facilities but most often neglect medical care. Very often these luxurious facilities are understaffed in nurses and aids and do not have doctors on staff that can provide the intensive care that rehabilitation requires.

In an excellent article Katie Thomas from the New York Times describes how some patients who were promised amazing care ended back in the hospital with infections and bedsores. Katie Thomas also denounced how this race for profitability is marginalizing long term medicaid patients with extensive medical needs.

In New York for example, the Medford Multicare Center for living on Long Island recently open the “LUX” wing for short term rehabilitation with all kind of bells and whistles to lure patients while last year nine of its employees were arrested for negligence that caused the death of patients and injured several others (see previous blog)

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10 employees of a New York nursing home neglected and mistreated a resident who was completely dependent on the nursing home staff for his care. The patient was a double amputee who also suffered from partial upper body paralysis. An investigation by New York Attorney General Eric Schneiderman revealed a disturbing pattern of pervasive neglect at Blossom North Nursing and Rehabilitation Center in Rochester, NY. According to the footage from a hidden video camera, “nurses allegedly failed to dispense prescription medications, measure blood sugar and blood pressure levels or properly care for the resident’s catheter. Aides allegedly neglected the resident’s incontinence care and his prescribed range of motion exercises and several are alleged to have transferred him in a potentially unsafe manner. In some instances, the resident had no hands-on care during the aides’ entire shifts and was left to lay immobile in his bed for hours at a time. The nurses and aides then allegedly falsified documents in an effort to conceal their neglect”.

The employees have been charged with falsifying documents, willful violation of the public health law and for some of them endangering the welfare of a physically disabled person. They may be sentence to up to 4 years in jail.

Blossom North Nursing and Rehabilitation Center has a below average rating of 2 stars by Medicare. An inspection report from last fall shows that the nursing home had mistreatment deficiencies, quality care deficiencies, resident assessment deficiencies, resident rights deficiencies, pharmacy service deficiencies, environmental deficiencies and fire safety deficiencies. Previous complaints also show a history of abuse, neglect and mistreatment. Not surprisingly under staffing is also a major issue at this New York nursing home where a registered nurse spends in average 19 minutes a day per patient compared to a New York State average of 48 minutes.