New York City Nursing Home Neglect Lawsuit Awarded 19M

  1. new york city jury has awarded almost $19 million to the family of a 76-year-old nursing home patient that the family says developed more than 20 bedsores due to nursing home neglect.

    http://www.aboutlawsuits.com/new-yor...it-award-7499/
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    About DoGoodThenGo

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    13 Comments

  3. by   interleukin
    The trial lawyers are to blame for the bed sores and are consequently driving up the cost of health care.
  4. by   Valerie Salva
    Quote from interleukin
    The trial lawyers are to blame for the bed sores and are consequently driving up the cost of health care.

    I disagree. Understaffing and greed of nursing home owners are the major causes, imho.
    Last edit by Valerie Salva on Jan 1, '10
  5. by   interleukin
    Yes, DoGoodThenGo, you are right.
    I was being facetious because of those who persist in believing trial lawyers are generally useless and are a major reason for out-of-control care costs.
  6. by   CapeCodMermaid
    And I disagree with you and with parts of the article. Not all pressure ulcers are preventable....not all nursing homes are greedy corporate entities. We take care of the oldest, sickest people. All their organs are breaking down...skin is an organ...despite all the preventative measures we take, sometimes it still breaks down.
  7. by   morte
    i left a comment, it is still "awaiting moderation".....i left it yesterday.....basically it is an ad for the law firm, and solicitation of business.
  8. by   tewdles
    The truth is that there are bed sores which are largely preventable and those which sadly, are not. When bed sores are caused by improper staffing and overworked direct care personnel, families will employ lawyers.

    LTCs that have immobilized patients who are nutritionally challenged cannot afford to be cheap about the level of direct care support they provide to those patients. If they skimp on the staffing levels their comprimised patients will be more likely to develop a pressure ulcer. If that happens and the LTC does not change the plan of care (which would impact frequency of care and intervention) the patient will develop more wounds. Families are not, and should not be sympathetic to the cost to the facility, they should be concerned only with the care that their loved one is receiving and has paid for (most LTC room and board is private pay).
  9. by   CapeCodMermaid
    Tewdles...do you work in LTC? Don't paint us all with the same bad brush. We make wound rounds at my facility at least weekly. If the treatment isn't working, we change it. All the mattresses are pressure relieving or if the person is really at high risk, alternating pressure mattresses. Some people are so compromised that no matter what you do, what surface they are on or how many times they are turned will have skin break down. It doesn't mean the care is bad....it usually means they are sick sick sick.
  10. by   SuesquatchRN
    Quote from tewdles
    Families are not, and should not be sympathetic to the cost to the facility, they should be concerned only with the care that their loved one is receiving and has paid for (most LTC room and board is private pay).
    Huh? We have 44 residents on my unit. Only ONE is prauve pay. Everyone else is Medicaid of Medicare.

    We have an incontinent B&B resident who has developed a sensitivity to the plastic in the facility-provided briefs. Her family said they can not afford to pay for a different brand for her. Until I can get the DON we are applying tons of Peri-Guard and Aloe Vesta to the rashes.

    I guess we're neglectful?

    I have had our wound care consultant busy this week planning interventions for two immobile residents whose skin problems were present upon their admissions and are resolving. I have another I *had* contacted her about who went into the hospital two weeks ago with a stage II on the buttock that was marked by the hosp as unstageable. That happened over the weekend because I examined, documented, and consulted about the treatment on that Friday before he went out on Sunday.

    I have another whose stage II on the buttock just became a small stage III. Incontinent. Changed the treatment and got all of the aides and nurses on board to change her dressing every tme it gets damp, contacted the doc to get a prealbumin and nutritional intervention, and the wc consultant to determine how best to proceed.

    And then we have the ones I'm not documenting because we got them resolved before they got past stages I or II.
  11. by   tewdles
    Quote from CapeCodMermaid
    Tewdles...do you work in LTC? Don't paint us all with the same bad brush. We make wound rounds at my facility at least weekly. If the treatment isn't working, we change it. All the mattresses are pressure relieving or if the person is really at high risk, alternating pressure mattresses. Some people are so compromised that no matter what you do, what surface they are on or how many times they are turned will have skin break down. It doesn't mean the care is bad....it usually means they are sick sick sick.
    I didn't intend to paint anyone with a brush stroke and I apologize if my comments offended any. As I said...some pressure ulcers are preventable and some are not. I work in many LTC facilities as that is where a number of my patients live. As you might imagine, not all of these facilities provide the same level of care. Shoot, some people are so sick they develop skin break down in their own homes being meticulously cared for by their family members.

    You must admit, however, that not all facilities are created or run with the same level of care and integrity. I work with staff in facilities which are clean and comfortable and the staff are caring and helpful. I work in others which are dirty, smell like urine and feces, and where the staff are not helpful. I go into places where I expect to find people sitting in wet clothes and into places where I would be surprised to find that.

    Most of the facilities that I work with have a mix of medicaid and private pay residents. I am aware of some patients who do have 5th level of benefits which pays for LTC, but (in this area) it is mostly assoc with older FORD workers and is increasingly uncommon, IMHO. Most of the people I work with are private pay LTC, so again, my apologies if I offended the sensibilities of anyone who has a different mix of payors in their facility. My understanding is that medicare doesn't pay for LTC, only for a finite stay in SNF for a specific reason.

    Families who believe that their loved one died from the complications of preventable skin breakdown will employ the services of a lawyer. Family by and large, are not concerned with what it might cost a facility to provide appropriate skin care...the facility is charging a rate for their services and it is being paid.

    Again, my apologies for offending my peers and colleagues working in LTC.
  12. by   pagandeva2000
    Unfortunately, the nursing homes I have been exposed to were on the negative-low staffing, difficult to make rounds, the entire story. I do have sincere hopes that not all are this way, but I can say that based on what I have witnessed, I have been afraid to work at a nursing home since I obtained my LPN license. Most of the ones in my neighborhood only offered about two or three days of orientation and then, let their nurses fly in the wind with more than 30 patients to be responsible for.
  13. by   caliotter3
    All the staffing in the world won't help if the staffing that is there does not do their job. I had a CNA remark to me one time that she noticed that I was the only nurse who did skin checks on my residents. I worked at one facility where the CNAs slept at night with the ok of the DON and many of them would let their residents go the entire shift without incontinence care. You have to do the minimum before throwing up your hands, but I found that there was an extreme disconnect in the places I worked at. If the DON hires staff to sleep at night all is lost.
  14. by   TheCommuter
    This so-called "news article" was not written by a reputable newspaper reporter, magazine writer, or author. Since it is being featured on a site that is owned and operated by trial attorneys, I choose to accept some of the so-called "facts" that have been presented with a grain of salt.

    My condolences go out to the family of this 76-year-old gentleman.

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