Nursing Home Malpractice Continues to Violate Veterans’ Rights in New Jersey State-Run Veteran Homes

The poor care and incidence of nursing home malpractice that allowed two New Jersey veterans homes to fall victim to widespread COVID-19 outbreaks early in the pandemic have not been remedied, say federal investigators.

A recent Department of Justice investigation has revealed that hygiene and infection control violations continue to persist in two New Jersey veterans nursing homes where COVID-19 was permitted to run rampant early in 2020, says a CNN article. The Paramus and Menlo Park Veterans Memorial Homes logged the highest and fourth-highest number of nursing home resident deaths from COVID-19 in the state by October of 2020, prompting a federal investigation. Inspectors in 2020 found evidence of nursing home malpractice that was determined to have directly promoted the deadly spread of the coronavirus in the homes. According to the CNN article, the newly-released DOJ report finds that these deficiencies are ongoing.

The 2020 DOJ investigation found that Paramus and Menlo Park staff failed in such basic COVID-19 protocols as proper hand washing, disinfection of common areas and bedrooms, and the isolation of residents sick with Covid. Menlo Park was in particular reported to have filthy nursing stations and insect infestations.

The new investigation says that the homes continue to violate veteran residents’ right to reasonable care and safety (as guaranteed by the 14th Amendment) through the following ongoing instances of nursing home malpractice:

• Neglecting to properly train staff: Nursing home residents have the right to expect proper care from staff; untrained workers constitute nursing home malpractice.
• Failure to comply with basic COVID-19 infection control protocols (e.g. testing, contact tracing, isolation of infected residents): Not following protocols to prevent or contain the spread of infections puts highly vulnerable residents at risk of becoming deathly ill, a clear example of nursing home malpractice.
• Failure to implement wound prevention procedures: Protocols exist to prevent the development of wounds like pressure ulcers. Not following proper prevention procedures puts residents at risk for developing pressure wounds, which is a common incidence of nursing home malpractice.
• Neglecting proper wound care: Wounds like bedsores, if left to deteriorate, can lead to serious infections, sepsis, and even death, likely requiring the services of a wrongful death attorney.
• Failure to implementing policies to prevent or respond to nursing home falls: Nursing home falls are frequently preventable, and not employing policies to prevent falls equals nursing home malpractice; furthermore, falls are a leading cause of nursing home deaths, which may require the involvement of a wrongful death attorney.

New Jersey Governor Phil Murphy called the report is “a deeply disturbing reminder that the treatment received by our heroic veterans is unacceptable and, quite frankly, appalling.”

Holding Homes Responsible for Nursing Home Malpractice

Brian P. Murphy, an experienced nursing home malpractice and wrongful death attorney, has dedicated his personal injury practice to protecting Philadelphia/PA and NJ nursing home residents from neglect and elder abuse. Vulnerable elderly residents of Philadelphia/PA or NJ nursing homes should not have to live in fear of being subjected to abuse or neglect or any type of nursing home malpractice. 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.

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Families Sue Nursing Home due to Negligence in Death from COVID: The lawsuit alleges nursing home neglect led to the rampant infection of the coronavirus that caused their loved ones’ wrongful death.

A new lawsuit brought by 16 families of loved ones who died during a 2020 surge of COVID-19 at a New Jersey nursing home brings accusations of gross negligence, wrongful death, and medical malpractice, says an article in the New Jersey Herald. According to the article, the suit filed in Sussex County Superior Court in early April claims that the Woodland Behavioral and Nursing Center and Limecrest Subacute and Rehabilitation Center (previously known as Andover Subacute & Rehabilitation I & II) could have prevented residents’ deaths by implementing nursing home infection protocols. The complaint also claims that medical services performed “negligently and carelessly” contributed to the wrongful deaths of the facility’s COVID patients.

The sister homes first came under scrutiny in early spring of 2020, when the bodies of 17 victims of COVID-19 were found crammed into a morgue meant for no more than four bodies. By April of that year, more than 90 residents had died at these facilities.

According to the article, the suit outlines the following examples of nursing home negligence that allowed for extensive nursing home COVID infections in the spring of 2020, as well as illustrations of medical malpractice that contributed to residents’ wrongful death:

• Failure to issue the proper PPE to employees, or to require masks for visitors, housekeepers, recreation therapists, or nursing assistants
• Permitting employees and visitors to enter the facility without first taking their temperature
• Failure of doctors, nurses, physician’s assistants, and nurse practitioners to sufficiently deliver ordinary care or exercise a degree of skill while caring for sick patients
• Failure of medical providers to make timely diagnoses of, or to properly treat, residents with COVID
• Failure of medical providers to provide explanations to residents infected with COVID of the risks posed to them or the options available to them

Woodland meanwhile faces a host of challenges related to quality-of-care non-compliance. In February federal officials placed the home in an “immediate jeopardy” situation when facility workers were found to have committed acts consistent with nursing home abuse and neglect that jeopardized residents’ lives. The home was already in danger of losing federal funding due to poor quality of care; actions made by Woodland to improve matters preserved both federal funding and the facility’s license for now, although the termination of a provider agreement by authorities may proceed if more actions aren’t taken.

Many families sue this nursing home due to negligence in death from COVID; beyond the 16 families named in the suit, 50 additional families seek to join as class members if the complaint is certified by a judge as class action, the article says. Meanwhile, two other lawsuits against Woodland remain active in Sussex County Superior Court.

Seeking to Secure Your Loved One’s Safety

Your loved one’s Pennsylvania, Philadelphia, or New Jersey nursing home is required to meet every criterion in matters of hygiene as well as all other qualifications for safety. If you’re concerned about the quality of a Philadelphia/PA or NJ facility or you suspect neglect or abuse 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.

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Nursing Home Staffing Shortages Prevent Philadelphia Hospitals from Discharging Patients to Facilities:

The problem of assisted care understaffing came to the fore during January’s omicron COVID-19 surge as Philadelphia hospitals had nowhere to discharge their elderly patients.

In January, staff shortages at nursing homes and home-care companies were among the main issues contributing to an overload of patients in Philadelphia hospitals, says a Philadelphia Inquirer article. Philadelphia-area hospitals were forced to house an accumulation of patients needing nursing-home care when the rapid spread of the omicron variant among nursing home staff worsened the problem of assisted care understaffing in the area’s surrounding nursing homes.

Staffing shortages prevent Philadelphia hospitals from discharging patients which prompted the Pennsylvania Health Care Association, a Harrisburg trade group for nursing homes and other long-term care providers, to propose a strategy for increased nursing home staffing levels. The proposal suggested utilizing the Pennsylvania National Guard and federal resources to boost staffing in understaffed nursing homes with available beds.

January’s COVID-19 surge served to exacerbate an ongoing issue, as assisted care understaffing woes have plagued not only Philadelphia area nursing homes, but also the industry as a whole since before the advent of the coronavirus pandemic. Striving to increase nursing home staffing levels and working to resolve assisted care understaffing is paramount to the effort of ensuring sufficient resident care and preventing nursing home neglect. A case in point is the difficulty of preventing bedsores in nursing home residents when there is a shortage of nurses and nurse aides to help them. Since preventing bedsores essentially requires every bedsore-prone resident to be frequently repositioned in order to reduce long-term pressure against their skin, a nursing home must be able to scale its staff to meet this need. When a facility fails in preventing bedsores, nursing home neglect most likely has occurred.

Keeping Your Loved One Safe

Pennsylvania and New Jersey nursing homes should take every measure to preserve its residents against nursing home neglect or abuse, including providing adequate, quality staffing. Philadelphia/PA and NJ nursing homes are required by law to meet specific health and safety requirements and to provide such care as to secure the physical, mental, and psycho/social well-being of their residents. The development and/or deterioration of bed sores is indicative that nursing home neglect has occurred. Should you have concerns about a Pennsylvania or New Jersey nursing home, 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.

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U.S. Count Misses Covid Nursing Home Deaths

Recent research indicates that the initial government counts of COVID-19 deaths in United States nursing homes may have missed more than 16,0000 deaths, according to The Journal News. The article states that the missing deaths—14 percent of the true death toll—stem from a miscount from nursing homes in Pennsylvania, New Jersey, and New York that took place prior to the implementation of federal COVID reporting requirements. According to an analysis conducted by by the Journal of the American Medical Association, the latest count is 118,335 deaths.

In a related article The Journal News reported that a number of state and federal investigations related to coronavirus outbreaks in nursing homes are continuing in New York, Pennsylvania, and New Jersey, in which prosecutors will look into operational and governmental misconduct as well as Medicaid fraud.

Richard Mollot, executive director of the Long Term Care Community Coalition, a patient advocacy group, applauded the investigations. “I think that ongoing, meaningful investigations into deaths, as well as dangerous and degrading conditions, in nursing homes is absolutely essential,” he said.

While the Department of Justice decided against investigating Pennsylvania for its order that state-run nursing homes accept COVID patients during the pandemic peak, the DOJ is still actively investigating two state-run New Jersey Nursing homes—Menlo Park and Paramus veterans homes— ravaged by 192 resident deaths from the coronavirus in 2020. According to The Journal News, interviews of family members has begun.

Criminal investigations initiated in May 2020 by PA state Attorney General Josh Shapiro of several nursing homes, including that Brighton Rehabilitation and Wellness Center in Beaver County, is ongoing. Brighton suffered 83 deaths of residents from COVID.

Protecting Your Loved Ones in Critical Times: U.S. Count Misses Covid Nursing Home Deaths

It is essential, now more than ever, to be sure that the Philadelphia, Pennsylvania or New Jersey nursing home where your loved one lives takes every measure necessary to protect its residents. If you’re concerned about the quality of a Philadelphia/PA or NJ facility during the coronavirus pandemic, or if you suspect neglect or abuse 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.

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According to a recent post on PApost.org,  Governor Wolf, criticized for nursing home mandates, faces the reality of thousands of COVID-19 deaths in Pennsylvania nursing homes. This has drawn criticism of the administration’s handling of the coronavirus pandemic in regard to long-term care facilities. Particularly at issue is the Pennsylvania guidance to nursing homes in March to accept residents from hospitals during the coronavirus pandemic, including people who have had COVID-19 or were suspected or confirmed to be infected with the virus.

This guidance, said the state, was informed by the guidelines put forth by the Centers for Medicare and Medicaid Services (CMS) and stemmed from the intention to maintain hospital bed availability for an anticipated surge of COVID-19 cases.

This directive has drawn criticism from Republicans in the U.S. Congress and the PA State Legislature. In a June 15 letter to Wolf, Republican congressional leaders posited that the policy likely contributed to the surge of virus spread and death within PA nursing homes. In a June 25 letter to PA Attorney General Josh Shapiro and other Republican congressmen from Pennsylvania called the mandate to admit suspected or confirmed coronavirus patients to nursing homes a “deadly policy.”

At the outset of the pandemic in the U.S., it was known that the elderly are the most susceptible population for catching COVID-19 and that swift measures needed to be taken within long-term care facilities to stem the spread of the virus. The rampant spread of COVID-19 in a Seattle area home in March and the death of 68 people from the coronavirus in a single nursing facility in New Jersey in April evidenced how vulnerable nursing home settings are to sweeping infection with the virus. When Pennsylvania released more detailed guidelines in May, hospitals were directed to test patients for COVID-19 prior to releasing them to nursing homes; however, nursing homes were told to accept even positive patients discharged from hospitals.

According to data from the PA Department of Health, as of July 26, the state of Pennsylvania has had nearly  7,125 deaths from COVID-19. Of those deaths, about 68 percent are associated with long-term care facilities and nursing homes.

In response to the criticism, Gov. Tom Wolf’s administration has defended the state’s response to the pandemic and its measures regarding nursing facilities. Pennsylvania Health Secretary Rachel Levine said no evidence exists that the mandate in itself contributed to high COVID-related deaths in nursing homes. Levine went on to say that typically the virus is introduced into nursing homes via asymptomatic workers.

“To be honest with you, all the states are together in the challenges of this, and it’s going to remain a challenge because you have seniors who are more prone to serious complications,” Levine said.

U.S. Rep. Scott Perry, a York County Republican, is calling for the Wolf administration to amend its mandate. States such as Massachusetts, Connecticut, and Utah have taken aggressive measures to protect nursing homes residents from being exposed by residents positive with the virus. U.S. Rep. Steve Scalise (R-La.) suggested that Pennsylvania follow the lead of Florida, which explicitly states in its protocols that homes not take COVID patients unless facilities can properly isolate them.

Protecting Your Loved Ones in Critical Times

It is essential, now more than ever, to be sure that the Philadelphia, Pennsylvania or New Jersey nursing home where your loved one lives takes every measure necessary to protect its residents. If you’re concerned about the quality of a Philadelphia/PA or NJ facility during the coronavirus pandemic, or if you suspect neglect or abuse 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.

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In May, in response to the COVID nursing home crisis, including the devastating impact on New Jersey nursing homes, a number of propositions and promises were made by N.J. Legislators to address a crisis brought on by missteps and failures by both the state and its long-term care facilities.  But according to an article on NJ.com, as of mid-July, when numbers have proven only to worsen, no action has been taken by the New Jersey State Legislature to resolve issues or make improvements that could curb the spread of the virus among the state’s most vulnerable citizens.

In July, total COVID-19 deaths in New Jersey nursing homes soared to the highest in the nation (nearly 6,700) and nursing home deaths comprised half of N.J. virus deaths for the month, up from 40 percent in previous months.

The failures of N.J. Legislators outlined by the article include:

• Not one hearing has been held by the bipartisan committee formed in May to explore solutions.
• Supposedly fast-tracked hearings by a Senate Health, Human Services, and Senior Citizens Committee have yet to be announced.
• Despite the fact that weeks have elapsed since outside consultants provided feedback to the state Department of Health with recommendations for change, no proposals for legislative initiatives have been introduced.
• Nursing home workers continue to lack personal protective equipment and do not have access to coronavirus testing.

Some posit that the delays reflect a careful approach by legislators in the midst of an ongoing crisis. Others disagree.

“This reeks of business as usual in Trenton,” said Milly Silva, executive vice president of United Healthcare Workers East, which represents 8,000 nursing home workers in New Jersey.

While the governor’s office declined to comment on the Legislature’s inaction, Dan Bryan, a spokesman for Gov. Phil Murphy, said many proposals for regulator changes have been made by Manatt Health, the consultants hired by the administration to review and propose remedies for the state’s oversights regarding N.J. nursing homes. The recommendations outlined by Manatt have informed a legislative package that lawmakers in the state Assembly say they are looking to have passed by the end of August. As some health experts continue to warn about a potential resurgence of the coronavirus in the fall, this legislative package is viewed by the Assembly as an effort to improve emergency preparedness, response, and communication for the state and its long-term care facilities. The bills will also address nursing home staffing, a problem in N.J. nursing homes long before the pandemic hit.

Committed to Helping Victims in Critical Times

More than ever before, it’s important to ensure that your loved one’s New Jersey or Pennsylvania nursing home meets every standard for safety and quality care. If you’re concerned about the quality of a Philadelphia/PA or NJ facility during the coronavirus pandemic, or if you suspect neglect or abuse 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 COVID Nursing Home Crisis Persists, N.J. Legislators Have yet to Act appeared first on The Law Firm of Brian P. Murphy, PC.

According to an article posted on whyy.org, the Powerback Rehabilitation Center in Center City, Philadelphia, has announced it will soon be accepting COVID-19-positive patients from area hospitals. While the center has, in times previous to this pandemic era, been a step-down facility for discharged hospital patients still in need of post-surgical or post-injury care, it also houses elderly residents in need of long-term care.

As of mid-April, the Philadelphia area has suffered 206 deaths from COVID-19. Fifty percent of those deaths were residents of long-term care facilities, and over 65 percent of the 206 deaths were people over age 70. The elderly are particularly at risk for complications from COVID-19, especially those who have previous health conditions. Nursing home residents are particularly susceptible to contracting the coronavirus, which has proven in the close quarters of many American nursing facilities to spread rapidly. Despite the risks, Powerback will be taking on COVID-19-positive patients.

Certain hospitals across the nation overwhelmed by coronavirus patients are looking to rehabilitation centers to help with overflow by taking on recovering COVID-19 patients who need care but not hospital stays. According to whyy.com, while hospitals in the Philadelphia area are busy (over 1,350 COVID-19 patients were being treated in Philadelphia hospitals as of April 14) none are at capacity.  In an email, James Garrow, representative of the Philadelphia Department of Public Health, told whyy.com the department was unaware of any COVID-19 patients being sent to facilities housing long-term care residents, claiming the department was in fact “trying our damnedest to keep COVID OUT of nursing homes.”

The executive director of Powerback, Jennifer Valinoti, has assured family members of the center’s residents that the incoming patients infected with the virus will be kept separate from current patients who have tested negative for COVID-19, and that staff for the 150-bed facility possesses adequate PPE to suppress any spread within the facility. Valinoti also told these family members, for whom visitation is an impossibility, that relocation of loved ones might be an option for those uncomfortable with the incoming COVID-19 patients, although finding a facility in Philadelphia where no one has tested positive for the coronavirus, or where there won’t be incoming COVID-19 patients, might be difficult.

As of April 13, according to the center’s administrators, five of the existing patients at Powerback had tested positive for COVID-19, and were transferred to the COVID-positive unit within the facility.

Assessing the Safety of Your Loved One’s Nursing Home

Ensuring the safety of your loved one’s Philadelphia/PA or NJ nursing home is more crucial than ever. You should be able to rest assured that the facility meets regulations for hygiene as well as for every other regulation for safety. Should you have any concerns about the quality of a Pennsylvania, Philadelphia, or New Jersey nursing home or if you suspect neglect or abuse has taken place at the Philadelphia/PA or NJ facility in which your loved one is residing, please contact nursing home abuse attorney Brian P. Murphy to discover your legal rights and options.

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