Philadelphia Injury Attorney Blog

Pennsylvania Rep. Jim Wansacz ,D-114; Karen Boback, R-117; Frank Andrews Shimkus, D-113; and Ken Smith, D-112, sponsored various new bills aimed at preventing neglect of the elderly by individuals responsible for their care. The bills would toughen penalties for care givers when the neglect of individuals in their care results in death, setting new reporting requirements for neglect cases, requiring physicians to disclose any financial ownership in a long term care facility, as well as requiring the facility provide advance notice as residents are relocated.

As an experienced Philadelphia personal injury lawyer practicing elder law abuse and nursing home abuse, I have been astounded by the preponderance of the declining quality of care at nursing homes and its direct relationship to the economic and insurance crisis. Nursing home and elder abuse has come to the attention of many government agencies and many lax laws and financial webs created by private investment companies who have ownership interest in nursing homes have made it very difficult for plaintiffs who have suffered harm to succeed in court and for regulators to levy chain-wide fines due to the creation of complex corporate structures that obscured who controlled the homes. A recent report issued by Health and Human Services has found that nearly all nursing homes in the United States have received citations for health and safety violations in 2007.

When placing a loved one in a nursing home one expects, and is the right of the resident, to live in a clean, healthy, attractive and safe environment, to receive proper medical care, nursing care and rehabilitative and restorative therapy, and personal hygiene. Also, the residents have a right to be informed of his or her medical condition unless the physician indicates in the medical records that it is not in the best interest of the patient to be told. Nursing home and elder abuse is a crime against the sick, elderly and helpless. Although many cases of nursing home abuse exist, many law firms are afraid to go after the mighty Wall Street investment firms that have so cleverly created corporate webs to protect their investments.

Continue reading "PENNSYLVANIA ELDER ABUSE LAWYERS REIFF AND BILY SALUTE PENNSYLVANIA LAWMAKERS IN THEIR EFFORTS TO REVIVE BILLS TO PREVENT ELDER ABUSE IN PENNSYLVANIA" »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Catastrophic loss , Negligence , Nursing Home Abuse/Neglect , Personal Injury , Wrongful Death

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My mother-in-law is 92 years old and is currently a resident of a prominent assisted living facility. For the past year, many of the residents and their families have made numerous complaints about the inadequacy of the quality of care delivered in the facility. As I visited the nursing home facility over the past year, it was not uncommon to learn of the deaths of individuals who I had just seen appearing in healthy condition just weeks earlier. Apparently with the decline in the economy, the care at the nursing home had declined to less than acceptable. Many inhabitants and families were noticeably angry and lodging complaints to the young administrator who had a background, unbelievably and more surprisingly, in physical education. The number of clinical registered nurses at the facility was reduced and replaced with practical day nurses who often do not have proper or adequate training. Budgets for nursing supplies, resident activities, and other services also have decreased. When questioned about the apparent decreased standards and conditions, we were told that the company was working to improve the situation, but frankly, this has just been plain old lipservice. The company even started to re-work financial arrangements quietly with many of the residents to prevent growing attrition.

The New York Times recently conducted an analysis of nursing homes and collected data by government agencies from 2000 to 2006. The analysis noted that when nursing homes are acquired by large private investors, they cut expenses and staff (sometimes below minimum legal requirements). According to the New York Times article published on September 23, 2007, it is noted that the typical nursing home acquired by a large investment company scored worse than national rates in 12 out of 14 indicators that regulators use to track elements of long term residents. Before these homes were acquired by private investors, many of these homes scored at or above national averages in similar measurements. The article notes that private investment companies have made it very difficult for plaintiffs who have suffered harm to succeed in court and for regulators to levy chainwide fines due to the creation of complex corporate structures that have obscured who controls the nursing homes. (New York Times article)

Continue reading "THE DECLINING QUALITY OF CARE AT NURSING HOMES AND INSURANCE CRISIS - THE CRISIS THAT IS CURRENTLY EMBODYING MANY NURSING HOMES AND THEIR QUALITY OF CARE - AN AFFECTED NURSING HOME ABUSE LAWYER SPEAKS OUT" »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Elder Law , Nursing Home Abuse/Neglect , Personal Injury , Wrongful Death

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PHILADELPHIA NURSING HOME ABUSE ATTORNEY, JEFFREY REIFF, WEIGHS IN

According to a study referred to by Robert Pear in the New York Times on Monday, September 29, 2008, more than 90% of nursing homes were cited for violations of Federal Health and Safety standards last year, and for profit homes more likely have problems than other types of nursing homes, Federal investigators stated in a report issued Monday, September 29, 2008. According to the article, about 17% of nursing homes had deficiencies that caused “actual harm or immediate jeopardy” to patients according to a report by Dr. Daniel R. Levinson, the Inspector General of the Department of Health and Human Services. (New York Times article).

Problems included bed sores, medication mixups, poor nutrition and abuse and neglect of patients. Inspectors received 37,150 complaints about conditions in nursing homes last year and this substantiated 39% of them the report said. About 1/5 of the complaints verified by Federal and State authorities involved the abuse or neglect of patients.

About 2/3 of nursing homes are owned by for profit companies, while 27% are owned by non-profit organizations and 6% by government entities according to the report. The Inspector General noted that 94% of for profit nursing homes were cited for deficiencies last year, compared with 88% of non-profit homes and 91% of government homes.

“For profit nursing homes have a higher average number of deficiencies than other types of nursing homes,” Mr. Levinson said. “In 2007, for profit nursing homes averages 7.6% deficiencies per home, while non-profit and government homes averaged 5.7 and 6.3% respectively”. On Monday, Mr. Levinson issued a compliance guide for nursing homes that says some homes have “systematically failed to provide staff in sufficient numbers with appropriate clinical expertise to serve their residents”.

Continue reading "94% OF NURSING HOMES WERE CITED FOR VIOLATIONS OF FEDERAL HEALTH AND SAFETY STANDARDS LAST YEAR - FOR PROFIT HOMES MORE LIKELY TO HAVE PROBLEMS THAN OTHER TYPES OF NURSING HOMES CLAIM FEDERAL INVESTIGATORS " »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Catastrophic loss , Nursing Home Abuse/Neglect , Personal Injury , slip and fall

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