Staff Requirements are Falling Short for Most Pennsylvania and New Jersey Nursing Homes, Says Analysis

In 2026, federal staffing minimums will be implemented in an effort to address staffing shortages that contribute to incidences of nursing home malpractice. Few facilities in Pennsylvania and New Jersey are close to meeting these minimums, a new report finds.

The majority of Pennsylvania and New Jersey nursing homes don’t meet the staffing requirements drafted under a new rule from the Centers for Medicare and Medicaid Services, a Philly Voice article says. According to a Kaiser Family Foundation analysis, under 20 percent of Pennsylvania nursing homes and only 15 percent of New Jersey nursing homes meet certain staffing requirements due to take effect in 2026.

Following the pandemic, during which over 167,000 nursing home residents died, a severe drop in nursing home staff occurred. Subsequent reports of neglect, abuse, and nursing home malpractice followed. The CMS rule, proposed last year and released in finalized form in April, seeks to help resolve the low staffing that results in nursing home malpractice as well as tragic deadly incidents that require the intervention of a wrongful death attorney.

The finalized CMS rule will require a total nurse staffing standard of 3.48 hours per resident day (HPRD), which needs to include 0.55 HPRD for registered nurses and 2.45 HPRD for nurse aides. According to the Philly Voice article, the KFF analysis shows the following data related to Pennsylvania and New Jersey nursing homes vis-à-vis the staffing requirements:

• Pennsylvania – Only 18 percent of nursing homes currently provide the 2.45 HPRD from nurse aids, while 56 percent of homes meet the total nursing standard and under 70 percent meet the 0.55 HPRD for RNs.
• New Jersey – In New Jersey, 19 percent of nursing homes meet the minimum 2.45 HPRD from nurse aides, while 55 percent meet the registered nurse staffing standards, and just over 50 percent meet the total nursing standard.

Low staffing in nursing homes interferes with workers’ and nurses’ ability to adequately perform tasks and give care to vulnerable nursing home residents, which equates to nursing home malpractice in the following forms:

• Malnutrition and dehydration from inadequate provision of food and water
• Poor nursing home hygiene and the development/deterioration of bed sores
• Increased nursing home falls  and medication errors
• Nursing home illnesses
• Nursing home infections
• Nursing home injuries
• Wrongful death, necessitating the involvement of a wrongful death attorney

If you are worried about staffing levels at your loved one’s nursing home, or if you suspect injuries, illnesses, or wrongful death has occurred as a result of poor nursing home staffing, don’t hesistate—contact a nursing home malpractice or wrongful death attorney right away.

Holding Nursing Homes Responsible for Poor Staffing Levels

Your loved one living in a Philadelphia/PA or NJ nursing home should not need to tolerate circumstances of nursing home malpractice related to low staffing, especially those that compromise their health and safety or subject them to the possibility of wrongful death. As a nursing home malpractice and wrongful death attorney, Brian P. Murphy is committed to fighting for the health and safety of Philadelphia/PA and NJ nursing home residents. With extensive experience as a wrongful death attorney fighting negligent nursing homes in Pennsylvania and New Jersey, Brian Murphy is committed to successfully resolving his clients’ nursing home malpractice cases. Should you find yourself needing to contact a nursing home malpractice and wrongful death attorney, call Brian Murphy today to discuss your legal options.

The post Most Pennsylvania and New Jersey Nursing Homes Fall Far Short of Impending Staffing Requirements, Says Analysis appeared first on The Law Firm of Brian P. Murphy, PC.

Wrongful Bedsore Death of a Massachusetts Nursing Home Resident : Massachusetts’s Hathorne Hill in Danvers has been cited for other recent incidents of nursing home malpractice related to substandard care and conditions that jeopardized the health and safety of the residents.

A Massachusetts nursing home is accused of nursing home malpractice in the form of neglect related to the wrongful bedsore death of a patient, a CBS News Boston article reports. According to the article, a pressure ulcer sustained by Luciano Guiseppe Sforza at Hathorne Hill in Danvers deteriorated, became infected, and led to his death just months after being admitted to the facility for rehabilitation.

Sforza, who needed the rehab for walking, was admitted to Hathorne Hill in March of 2022 and quickly developed a bedsore. By July he was hospitalized for the infected wound and was placed in intensive care, dying weeks later from sepsis.

Bed sores are a far too common result of nursing home malpractice. Although certain factors such as a resident’s age, weight, medical conditions, or mobility put residents at a greater risk for developing bed sores, none of these are the primary cause of the ailment. Bedsores are the result of the skin’s prolonged exposure to pressure. Not relieving pressure for residents at risk for bedsores (e.g. ensuring a patient is regularly moved from or turned in his or her bed or wheelchair) is negligence on the part of the nursing home and a nursing home malpractice lawyer should be consulted. In the event of a bedsore that has seriously deteriorated to the point of causing infection and death, a wrongful death attorney will unfortunately need to be called.

“It should have never happened,” said Sforza’s wife, Lori, about his death. “It was neglect of the highest order, neglect.”

Lori went on to say she intends to sue for nursing home malpractice and has hired a wrongful death attorney.

According to the article, Hathorne hill has recently been cited for other incidents of nursing home malpractice. The incidents are as follows:

• Medication Errors: a nurse gave morphine to the wrong patient; the nurse failed to report the mistake.
• Nursing Home Abuse: a nursing assistant forced a resident to change their own ostomy bag; this incident also went unreported.

Fighting Against Neglectful Care, Elder Abuse, and Wrongful Death

Attorney Brian P. Murphy strives to uphold the safety and rights of Pennsylvania, Philadelphia, or New Jersey nursing home residents. Your loved one living in a Pennsylvania, Philadelphia, or New Jersey nursing home should never be subjected to any sort of nursing home malpractice, including any neglect that causes, or leads to the worsening of, bedsores. As an experienced nursing home malpractice and wrongful death attorney, Brian Murphy holds accountable those Philadelphia/PA or NJ nursing homes responsible for negligence and abuse of every kind. Should you find yourself needing to contact a nursing home malpractice and wrongful death attorney, or if you need guidance in choosing a nursing home, call Brian Murphy today.

The post Neglect Allegedly Responsible for the Wrongful Bedsore Death of a Massachusetts Nursing Home Resident appeared first on The Law Firm of Brian P. Murphy, PC.

Pennsylvania Nursing Home Owner and Administrators Charged with Falsifying Staffing Records: Federal Trial Begins: 

Years of Medicaid and Medicare fraud has been alleged at Brighton Rehabilitation and Wellness and Mt. Lebanon Rehabilitation and Wellness, two Pennsylvania facilities that repeatedly have been cited for violations amounting to nursing home malpractice.

The criminal trial has begun for a co-owner of two Pennsylvania nursing homes and several of his former administrators who were indicted last year for multiple charges of nursing home malpractice related to federal fraud, says a McKnight’s Long-Term Care News article.

Sam Halper, co-owner of Brighton Rehabilitation and Wellness and Mt. Lebanon Rehabilitation and Wellness, was charged last year by then-Pennsylvania Attorney General (now Governor) Josh Shapiro on multiple counts of nursing home malpractice, including conspiracy, fraud, falsification of records related to health care matters, and falsification of records in a federal investigation. Charged alongside Halper are the following now-dismissed administrators: the Brighton director of nursing, the Brighton director of social services, the Mt. Lebanon administrator, and two corporate managers.

Harper allegedly masterminded a multifaceted scheme of fraud and record falsification at both facilities to reduce costs and boost revenue. Involved in the plan were the following alleged nursing home malpractice schemes:

• At Brighton: Staffing Falsification—Despite knowing that it would produce negative health consequences for residents, Halper insisted that Brighton staffing levels be kept low to trim costs. This scheme involved keeping one false, and one accurate, record of staffing levels. Documents for federally mandated inspections were also falsified.

The consequences of understaffing, an all-too-common sort of nursing home malpractice, include the following:

• an increase in nursing home falls and injuries
• more frequent and more severe bedsores
• dangerous medication errors
• increased potential for accidental resident death, necessitating the involvement of a wrongful death

• At Mt. Lebanon: Time Sheet Falsification—By having workers clock in and receive payment for shifts they did not work, this nursing home malpractice scheme allegedly attempted to make the home appear to meet Medicare and Medicaid staffing requirements. Additionally, care logs were allegedly falsified to show facility managers giving direct patient care that never occurred. Reportedly those Mt. Lebanon employees who participated in this scheme were compensated with bonuses.

• Patient Treatment/Medical Record Falsification—A third criminal plot named in the indictment involved the nursing home malpractice scheme of attempting to gain a larger federal reimbursement than was owed to the nursing homes. This was allegedly achieved by amplifying patient files with false ailments.

Both Brighton and Mt. Lebanon have been previously beleaguered with nursing home malpractice issues.

Opening arguments for the trial began in mid-November. According to the McKnight’s article, the trial could potentially go on for weeks.

Holding Nursing Homes Accountable for Fraud, Understaffing, Abuse, and Neglect

Nursing Home Malpractice and Wrongful Death Attorney Brian P. Murphy is dedicated to protecting Philadelphia/PA and NJ nursing home residents from neglect and abuse within the homes where they live. Your loved one living in a Philadelphia/PA or NJ nursing home should expect their facility to meet legally required health and safety standards, including upholding staffing requirements and ensuring that negligent and dangerous practices like falsifying records do not occur. An experienced nursing home malpractice and wrongful death attorney, Brian Murphy takes on Pennsylvania, Philadelphia, and New Jersey nursing homes for egregious acts of elder abuse, especially any incidence of nursing home malpractice that causes wrongful death. Attorney Brian Murphy is ready to discuss your legal options. If you or your loved one needs to contact a nursing home malpractice and wrongful death attorney, call Brian Murphy today.

The post Federal Trial Begins for Pennsylvania Nursing Home Owner and Administrators Charged with Falsifying Staffing Records appeared first on The Law Firm of Brian P. Murphy, PC.

Nursing Homes are Failing to Report Falls and Bedsores:

A recent study shows that nursing homes are underreporting serious falls and bedsores, top indicators of nursing home malpractice.

According to a U.S. News & World Report article, a study indicates that U.S. nursing homes are failing to report a large percentage of bed sores and nursing home falls, which is skewing public data on nursing home performance and nursing home malpractice. The false data impairs the ability for people to choose quality nursing homes. According to the article, the study further indicates that the underreporting of incidents is often motivated by race.

After studying Medicare claims data on serious nursing home hospitalizations, researchers found that about 40% of falls and 32% of bedsore hospitalizations were not reflected on Nursing Home Care Compare, a website created by the U.S. Centers for Medicare and Medicaid Services (CMS) to help people choose the best nursing home. The website relies on self-reported data from nursing homes to provide the public with information on safety, care, and issues of nursing home malpractice in U.S. nursing homes.

Accurate information on nursing home falls and pressure ulcer hospitalization is important for people choosing a nursing home, as these are two prominent indicators of nursing home malpractice in a prospective facility.

• Bed Sores—Hospitalizations for the treatment of bedsores indicate that residents’ pressure ulcers have been allowed to deteriorate into severe wounds that require surgery or other emergency attention. When bedsores develop into late stage wounds or become infected, this is an indication nursing home malpractice has occurred. Severe bed sores can be deadly, necessitating the intervention of a wrongful death attorney.
• Falls—Like bedsores, nursing home falls are often preventable and their occurrence frequently indicates nursing home malpractice has occurred. Severe falls can result in serious injuries like limb or facial fractures, extensive bruising, sprains and strains, and sometimes can even result in death, leading to the family’s need to secure a wrongful death attorney.

The study compared the CMS data against medical claims filed to medicare by hospitals seeking reimbursement for treatment for bedsores or falls. The findings not only revealed a disparity of data, but also indicated that underreporting skewed along racial lines. Emphasizing that U.S. nursing homes are frequently segregated, lead researcher and assistant professor of public health sciences at the University of Chicago Prachi Sanghavi reported that nursing homes with more white residents reported more fall injuries and fewer bedsore injuries, while reporting rates from nursing homes with more black residents showed the opposite.

The report posited that alternative methods of measuring nursing home quality outside of self-reported data ought to be considered by CMS, such as objective data from Medicare and Medicaid claims. Having the most accurate information possible is crucial in choosing a nursing home, particularly since it can be complicated to change nursing homes only after discovering a home’s likelihood of committing nursing home malpractice. When choosing a nursing home, it’s prudent to use a range of sources and research methods (such as this guide) to research prospective homes for yourself or a loved one. Beyond the CMS website, the following methods are helpful in choosing a nursing home:

• Contact Your State DOH: The state Departments of Health in Pennsylvania and New Jersey make available their investigative records of every nursing home malpractice complaint in their respective states.
• Tour Prospective Homes: While a tour itself will not reveal the likelihood of nursing home malpractice, you can be alert for indicators. For example, since a top cause of nursing home malpractice is understaffing, you can use your tour to observe the number of staff members or to inquire about nurse-to-resident ratio and turnover rates.
• Contact a Nursing Home Attorney: Wrongful death and nursing home malpractice are matters highly familiar to nursing home lawyers. To learn about choosing a safe nursing home for your loved one, you should contact a trusted nursing home malpractice or wrongful death attorney.

Holding Homes Responsible for Neglect, Abuse, and Wrongful Death

Attorney Brian P. Murphy is dedicated to upholding the rights of Pennsylvania, Philadelphia, or New Jersey nursing home residents and ensuring their health and safety. As an experienced nursing home malpractice and wrongful death attorney, Brian Murphy has made it his mission to hold negligent Philadelphia/PA or NJ nursing homes accountable for preventable falls and bedsores and other incidents of nursing home malpractice. Should you find yourself needing to contact a nursing home malpractice and wrongful death attorney, or if you need guidance in choosing a nursing home, call Brian Murphy today to discuss your legal options.

The post Nursing Homes are Failing to Report Falls and Bedsores appeared first on The Law Firm of Brian P. Murphy, PC.

Pennsylvania Nursing Home Settles in Bedsore Wrongful Death Lawsuit:

The Gardens at Scranton nursing home has a recent history of nursing home malpractice lawsuits in which wrongful death from bed sores has been alleged.

A Pennsylvania nursing home has settled in a wrongful death lawsuit alleging a resident died from a severe bedsore she developed while in the home’s care, says a Yahoo News article. The Gardens at Scranton nursing home has agreed to a $330,000 settlement of a lawsuit brought by Harry E. Stoffers, Jr., in connection with the 2018 death of his wife, Kathleen Stoffers.

According to the article, Kathleen Stoffers allegedly developed a serious bed sore within a month of being admitted to The Gardens at Scranton in March of 2018, leading to an infection that required emergency surgery. The bedsore had deteriorated to such a degree that bone was exposed and the wound emitted a foul smell. Stoffers died on June 5, 2018, leading her husband to secure a wrongful death attorney and file a lawsuit in 2020.

The suit alleges that Stoffers had a skin condition that made her high risk for developing bedsores and that the nursing home was aware of this condition; nevertheless, no measures were taken to mitigate her risk of sustaining a bed sore. In a display of neglect that amounts to nursing home malpractice, the nursing home staff failed both to closely monitor Stoffers’s condition and to regularly reposition her.

Bedsores, also known as pressure ulcers, decubitus ulcers, or pressure sores, commonly occur in nursing homes when residents are left in the same position for long periods of time. Failing to frequently reposition residents—especially residents who are predisposed to developing pressure sores—in beds, chairs, or wheelchairs, is an act of negligence that equals nursing home malpractice.

Bedsores that are not immediately detected and treated can rapidly deteriorate into serious pressure ulcers. This is especially the case for residents with skin conditions that make them high risk for pressure sores, like Kathleen Stoffers. Deteriorating bedsores can progress through a number of bedsore stages, with each stage becoming progressively more serious. When nursing home neglect contributes to the development of serious late stage bed sores, a nursing home malpractice or wrongful death attorney should be notified. Stoffers’s pressure ulcer as described in the article is consistent with a Stage IV bedsore, which is defined as a bedsore that is deep enough to have exposed muscle, tendons, or bone and has extensive necrosis (skin tissue rotting). Stage IV bed sores are also highly prone to infection, which was the case with Stoffers. Any nursing home infection can become serious or deadly, and infections which have developed as a result of nursing home neglect may require the intervention of a nursing home malpractice or wrongful death attorney on behalf of the patient and his or her family.

According to the article, Stoffers’s wrongful death lawsuit is one of three bedsore death lawsuits that have been filed against The Gardens at Scranton since 2018.

Experienced Bed Sore Attorney Fighting Nursing Home Neglect and Wrongful Death

Attorney Brian P. Murphy works untiringly to ensure negligent Philadelphia/PA and NJ nursing homes are held responsible for preventable bed sores and any act of negligence or abuse that amounts to nursing home malpractice. As a seasoned nursing home malpractice and wrongful death attorney, Brian Murphy dedicates himself to upholding the rights of nursing home residents and fighting for their health and safety in Pennsylvania, Philadelphia, or New Jersey nursing homes. Should you find yourself needing to contact a nursing home malpractice and wrongful death attorney, call Brian Murphy today to discuss your legal options.

The post Pennsylvania Nursing Home Settles in Bedsore Wrongful Death Lawsuit appeared first on The Law Firm of Brian P. Murphy, PC.

Federal Government Targets Nursing Homes for Alleged Inappropriate Antipsychotic Drugs Use:

CMS has announced it will conduct investigations into certain nursing homes in an effort to uncover illegitimate schizophrenia diagnoses and any accompanying inappropriate antipsychotic drug use that amounts to nursing home malpractice.

The federal government will be conducting audits of nursing homes and requesting documentation demonstrating authentic schizophrenia diagnoses, says a recent Forbes article. The Centers for Medicare & Medicaid Services (CMS) released a press release in mid-January announcing the intention to investigate nursing homes across the country to curb the abuse of antipsychotic drugs, which potentially exposes residents to dangerous side effects and is therefore consistent with nursing home malpractice.

The act comes as another step in the federal government’s initiative against the increased tendency of nursing homes to use antipsychotic drugs as a means of calming, and thereby more easily controlling, dementia patients. A New York Times investigation into inappropriate antipsychotic use in nursing homes revealed that about 21 percent of nursing homes use the drugs, equaling about 225,000 elderly residents presently receiving them; moreover, the Times reported that, although only  one in 150 people in the general population are diagnosed with schizophrenia, one in nine elderly nursing home residents receive the diagnosis, even though schizophrenia is rarely diagnosed after age 40.

Providing the wrong medication to elderly nursing home residents, which qualifies as nursing home malpractice, can result in serious, and even life-threatening, conditions. For example, the sedative properties of antipsychotic drugs can lead to increased nursing home falls and bedsores, which can result from residents remaining unmoving in beds or chairs for prolonged periods. Beyond this, anti-psychotics have been linked to heart problems in people who suffer with dementia; furthermore, according to clinical trials, the risk of wrongful death nearly doubles for dementia patients using antipsychotics, necessitating the involvement of a wrongful death attorney.

According to Forbes, CMS declared that any audit that reveals a false diagnosis of a resident having schizophrenia will result in the loss of a star from the nursing home’s rating on the agency’s Five-Star Quality Rating System for nursing homes.

Protecting Your Loved One’s Dignity, Quality of Life, and Safety

As a nursing home malpractice and wrongful death attorney, Brian P. Murphy is committed to fighting to uphold the health and safety of nursing home residents  in Philadelphia/PA and New Jersey. You should feel confident that your loved one living in a Philadelphia/PA or NJ nursing home is secure from the possibility of being subjected to nursing home malpractice or the possibility of wrongful death. With his wide-ranging experience as a wrongful death attorney taking on negligent nursing homes in Pennsylvania and New Jersey, Brian Murphy has had repeat success resolving his clients’ nursing home malpractice cases. If you need to contact a nursing home malpractice and wrongful death attorney, call Brian Murphy today to discuss your legal options.

The post Federal Government Targets Nursing Homes for Alleged Inappropriate Antipsychotic Drugs Use appeared first on The Law Firm of Brian P. Murphy, PC.

Nursing Home Sued for Years of Fraud and Resident Neglect: The lawsuit alleges that the owners of Cold Spring Hills diverted of tens of millions of dollars of government funding while engaging in repeated incidents of nursing home malpractice and slashing staffing to dangerously low levels at the 588-bed facility.

A lawsuit has been filed against a Long Island nursing home by the New York attorney general after an investigation revealed years of fraud and multiple incidences of nursing home malpractice resulting in resident neglect and harm. According to the website for the New York State Office of the Attorney General, on December 16, Attorney General Letitia James announced she is suing Cold Spring Hills Center for Nursing and Rehabilitation as well as its owners, senior managers, and related businesses for allegedly engaging in repeated fraudulent financial schemes and violating numerous laws designed to protect New York nursing home residents.

According to the investigation conducted by the Office of the Attorney General (OAG), the owners of Cold Spring Hills used a number of deceptive schemes to divert to themselves over $22.6 million in Medicaid and Medicare funds from resident care between 2017 and 2021. To hide these profits, the operators used a complex network of 13 companies that appeared to provide services to Cold Spring Hills. The companies acted to conceal who the true owners of the home were.

Meanwhile, according to Cold Spring Hills staff and resident family testimony, residents were subjected to filthy, deplorable conditions, broken equipment, and treatment that amounted to nursing home malpractice, such as being left unbathed and in soiled undergarments and not receiving proper bedsore preventive care or wound care or proper nutrition and medication. Specific allegations of nursing home malpractice listed in the lawsuit include the following incidents at Cold Spring Hills:

• A diabetic resident with mobility issues was given a wheelchair lacking footrests. As a result of his dragging feet, the resident developed sores on his right foot that developed into severe infections requiring a partial toe amputation. Shortly after returning from the hospital, the resident died. The man’s co-guardian was informed neither of his amputated toe nor of his death.
• A man admitted to the home for rehabilitation after a car crash was subjected to such rampant neglect as to lose nearly 30 pounds and to have a preexisting bed sore severely deteriorate. He was admitted into the hospital for severe malnutrition and dehydration, a stage 4 pressure ulcer on his sacrum, and a bone infection (osteomyelitis) in his right foot.
• A woman with complications from a stroke was given just three showers during her five-month stay at the home. Her hygiene was so neglected that her untrimmed fingernail on her paralyzed hand cut into her palm. The woman’s daughter reported she was left in the same soiled brief for several hours. Complaints by the daughter to the administrator went ignored.

Beyond the aforementioned incidents of nursing home malpractice, Cold Spring Hills also actively engaged in dangerous understaffing in order to save $1.6 million in expenses. The cuts were made in February 2020, in spite of official Department of Health notifications to prepare for a possible pandemic. As a result of this act of nursing home malpractice, says the website, residents needlessly suffered during the pandemic. Between March 1, 2020 and June 4, 2020, 98 residents died from COVID-19. Cold Spring Hills fraudulently underreported the death count by 51 people.

As the nursing home is being sued for years of fraud and resident neglect, the attorney general seeks to eject existing owners from their roles, to prevent the acceptance of new residents, and to secure the installation of monitors for operational and financial oversight.

Fighting Against Nursing Home Malpractice and Wrongful Death

As a nursing home malpractice and wrongful death attorney, Brian P. Murphy tirelessly fights to uphold the health and safety of residents in Philadelphia/PA and NJ nursing homes. You should feel confident that your loved one living in a Pennsylvania or New Jersey nursing home will receive the highest possible quality of care. After years of experience as a wrongful death attorney fighting negligent Philadelphia/PA and NJ nursing homes, Brian Murphy has a successful track record resolving nursing home malpractice cases. Should you find yourself needing to contact a nursing home malpractice and wrongful death attorney, call Brian Murphy today to discuss your legal options.

The post New York Attorney General Sues Nursing Home for Years of Fraud and Resident Neglect appeared first on The Law Firm of Brian P. Murphy, PC.

Nursing Homes Using Epilepsy Drugs to Chemically Restrain Residents with Dementia:

A new government study indicates that anti-seizure medications usually reserved for epilepsy patients are increasingly being used by nursing homes to sedate dementia patients, says a Washington Post article.

Recent concern over inappropriate use of antipsychotic medications in elderly nursing home residents with dementia has resulted in in the formulation of government policies against the practice; however, the study, conducted by the Office of Inspector General (OIG) for the Department of Health and Human Services to examine drug prescribing patterns in nursing homes from 2011-2019, shows a new trend of increased prescribing of epilepsy drugs.

Echoing this report is a second one recently published in the Journal of the American Geriatrics Society, which shows an increase in anti-seizure prescriptions in nursing homes.

The OIG study included another finding: that in nursing homes with low-income residents where registered nurses worked shorter shifts, a greater proportion of psychotropics such as antipsychotics and anticonvulsant medications were used. This trend, the study indicates, might suggest a cause for inappropriate use of these medications

At issue, the article says, is the matter that powerful drugs are being used to sedate dementia patients in order to make caring for them easier rather than to preserve their safety—a measure known as “chemical restraint” that amounts to the kind of poor care that is considered nursing home malpractice.

Federal law guarantees the rights of all nursing home residents, including the right for individual dignity and the right to receive the kind of care that promotes quality of life. Drugging residents with dementia to make their care more convenient for nursing homes upholds neither those residents’ dignity nor their quality of life, and instead amounts to nursing home malpractice.

The use of psychotropics has not been approved as a treatment for dementia that results from brain diseases or Alzheimer’s or other brain diseases. Even though it is permissible for physicians to prescribe drugs for conditions outside their approved use, antipsychotics and anticonvulsants put elderly dementia patients at risk for dangerous side effects. Antipsychotics can cause strokes, heart attacks, and diabetes in dementia patients; anti-seizure medications can cause pancreatic inflammation and liver toxicity. For this reason their inappropriate use can be seen as nursing home malpractice.

Psychotropic drugs cause sedation, which puts elderly residents at higher risk of the following:

• Bedsores –Heavy sedation can leave dementia patients practically immobilized. Prolonged periods without moving is a primary cause of bedsores which, if not tended to quickly, can escalate into serious infections or even wrongful death.
• Nursing Home Falls – The heavy drowsiness produced by antipsychotic drugs often results in increased rates of nursing home falls that result in serious injuries, and even death, which necessitates the involvement of a wrongful death attorney.
• Wrongful Death – Studies indicate that elderly dementia patients using antipsychotics are twice as likely to suffer wrongful death, requiring the intervention of an attorney.

David Gifford, chief medical officer of the American Health Care Association/National Center for Assisted Living, responded in an emailed statement to the Washington Post that the hope is to continue combating nursing homes using epilepsy drugs inappropriately, drug use that equals nursing home malpractice.

“We ardently support increasing education about the proper use of psychotropic drugs among nursing home residents with dementia and have asked CMS and others to expand its outreach to physicians, hospitals, community settings, and families,” Gifford said.

Protecting Your Loved One’s Dignity, Quality of Life, and Safety

As a nursing home malpractice and wrongful death attorney, Brian P. Murphy is committed to fighting for the health and safety of Philadelphia/PA and NJ nursing home residents. You should feel confident that your loved one living in a Philadelphia/PA or NJ nursing home need not fear nursing home malpractice or the possibility of wrongful death. With extensive experience as a wrongful death attorney fighting negligent nursing homes in Pennsylvania and New Jersey, Brian Murphy is committed to successfully resolving his clients’ nursing home malpractice cases. Should you find yourself needing to contact a nursing home malpractice and wrongful death attorney, call Brian Murphy today to discuss your legal options.

The post Nursing Homes Are Increasingly Using Epilepsy Drugs to Chemically Restrain Residents with Dementia appeared first on The Law Firm of Brian P. Murphy, PC.

Nursing Home Residents with Diabetes at Higher Risk for Bedsores: Having diabetes increases the risk of developing pressure ulcers and may impede the kind of early detection that prevents dangerous bedsores stages.

According to the Centers for Disease Control and Prevention (CDC) diabetes impacts about 12 million seniors over 65, with between 25-34 percent of nursing home residents struggling with the disease. As the complications of diabetes impacts residents’ ability to ward off bed sores, nursing homes have added challenges in protecting residents with diabetes from the many threats associated with pressure ulcers.

A Diabetes Self Management article describes two factors of diabetes that increases the risks of sufferers for bedsores:

• Neuropathy-The high blood glucose associated with diabetes delivers damaging levels of sugar to nerves, causing nerve damage and diminished sensation. The inability for elderly nursing home residents to feel prolonged pressure against their skin (the primary cause of pressure ulcers) may hinder the impulse to shift position. Bedsores could develop as a result of unrelented pressure. If nursing home residents with diabetes do develop pressure ulcers, their ability to detect them by sensation is hampered by the nerve damage. This means minor bedsores could develop into more serious bedsore before they are noticed and treated.
• Poor Circulation-The high levels of sugar circulated in the blood vessels of people with diabetes damages the vessels, lessening blood flow. Poor circulation makes skin and underlying tissues more susceptible to damage; it also impedes the body’s ability to heal cuts and sores. Residents who suffer poor circulation as a result of diabetes are therefore not only more prone to develop bed sores, but likely will also struggle to heal from any pressure ulcers they sustain, which makes the likelihood of developing infections from bedsores higher.

The challenge facing nursing home workers who care for residents with diabetes is that these elderly persons in their care are at high risk both for developing bedsores and for having pressure sores that could rapidly deteriorate. Deteriorated bed sores can lead to serious infections, including sepsis and osteomyelitis and, in some cases, can lead even to death.

The following are the four stages of pressure sore deterioration that nursing home residents with diabetes at higher risk for bedsores are in danger of suffering, if medical intervention is not quickly implemented:

• Stage I Bedsores: Mildly painful patches of reddened skin that are approximately quarter-sized. Untreated Stage I pressure ulcers will continue to deteriorate.
• Stage II Pressure Ulcers: Sores have expanded in both size and depth and the pain associated with them has increased.
• Stage III Bed Sores: Ulcers have grown deeper and wider and more painful. Skin in and around the wound has begun to go gangrenous (become necrotic, or rot).
• Stage IV Bedsores: The size of the wound has grown considerably. More tissue has died; this necrotic tissue releases a foul odor. Pus-filled infections have developed. At this stage, the sore’s depth might be bone-deep. Pain is significant.

It is required of nursing home staff that they develop specialized care plans for residents at risk for bed sores, like those with diabetes. If pressure ulcers do develop, nursing homes are responsible.

Holding Nursing Homes Responsible for Bed Sore Neglect

By law, every Philadelphia / PA and NJ nursing home needs to assess every resident for his or her potential to develop bed sores. It is up to the nursing home to prevent pressure ulcers from occurring and to swiftly remedy any pressure ulcers that do develop. Nursing home neglect and abuse attorney Brian P. Murphy has extensive experience dealing with bedsore-related cases in Pennsylvania, Philadelphia, and New Jersey nursing homes. If your loved one who resides at a Philadelphia / PA or NJ nursing home has developed a serious infection from a bed sore, or is afflicted with a pressure sore at any stage, contact pressure ulcer attorney Brian P. Murphy to discover your legal rights and options.

The post Residents with Diabetes at Higher Risk for Bedsores, Posing Challenges for Nursing Homes appeared first on The Law Firm of Brian P. Murphy, PC.

Philadelphia to Begin Enforcing Nursing Home Vaccine Mandate:

With the deadline come and gone for employees to be vaccinated, Philadelphia will begin enforcing the vaccine mandate for nursing home workers, says a Philadelphia Inquirer article.

The Philadelphia Department of Public Health set Oct. 15 as the deadline for city hospitals, nursing homes, and higher-education institutions to ensure their employees had gotten at least their first dose of the COVID-19 vaccine. Partially vaccinated employees need to get their second shot by Nov. 15 and must wear either an N95 mask or two regular masks and be tested regularly in the interim.  Employees who had not received even the first vaccine shot by Oct. 15 were prohibited from working after that date.

With the deadline past, the city sent out surveys to nursing homes to collect vaccination data. These surveys were required to be completed by Oct 24. Homes that fail to meet the requirements of the mandate face potential closure and fines ranging up to $2,000 per violation. Going forward, according to the Inquirer, the health department plans to conduct both scheduled and unannounced audits (both in-person and electronic) of vaccination records. Such audits could come as a result of data supplied by the U.S. Centers for Disease Control and Prevention or because of complaints.

The latest available data (from Oct. 3) shows the employee vaccination rate for Philadelphia’s 47 nursing homes as having climbed three percentage points from the previous week to reach 79%.  For twelve Philadelphia nursing homes, vaccination rates were under 70%. Two homes reported rates as below 50%.

The Pennsylvania Health Care Association (PHCA) recently reached out to acting Health Commissioner Cheryl Bettigole with a letter warning that complying with the mandate could mean nursing homes will need to let go of as many as 2,400 employees.

According to the Inquirer article, some facilities are gearing up for the possibility of new staff shortages. Even prior to the virus, staff turnover was a problem in the nursing-home industry, and the pandemic led to a worsening of staffing problems. Applications for positions at some facilities have fallen dramatically. Some facilities are making plans to use workers from staffing agencies if positions are left empty. No plans have been made for the city to help nursing homes with staff shortages.

President and CEO of PHCA Eric Heisler said it may take some time to get a clear idea of new staffing issues as a result of the mandate. He stated that nursing homes continue to endeavor to educate employees about the vaccine and to ensure the vaccine is easily accessible to workers.

Philadelphia to begin enforcing nursing home vaccine mandate could lead to staffing shortages which often translate to decreased quality of care within nursing homes, resulting in such instances of nursing home neglect as the following:

• Bedsores—When staffing levels drop, the repositioning of at-risk residents in their beds or chairs does not happen frequently enough, resulting in patients developing pressure ulcers.
• Nursing Home Falls—In understaffed homes, fewer staff members are available to help elderly residents move, resulting in falls from beds, wheelchairs, the toilet, and in the bath.
• Medication Errors—Overwhelmed workers in understaffed facilities can make mistakes regarding the type and amount of medication a patient requires.

Ensuring the Safety of Your Loved One

Pennsylvania and New Jersey nursing homes are at all times required to secure the physical, mental, and psycho/social well-being of their residents by meeting certain health and safety requirements and providing adequate care. To meet these standards, the Philadelphia/PA or NJ nursing home where your loved one lives must be equipped to avoid the kind of substandard care that amounts to nursing home neglect or abuse. This includes ensuring adequate, quality staffing. Should you have concerns about a Pennsylvania or New Jersey nursing home during COVID-19, or if you suspect neglect, abuse, or fraud has occurred at the Pennsylvania, Philadelphia, or New Jersey nursing home where your loved one lives, please contact nursing home abuse attorney Brian P. Murphy to discover your legal rights and options.

The post Philadelphia Poised to Begin Enforcing Nursing Home Vaccine Mandate appeared first on The Law Firm of Brian P. Murphy, PC.