WHO TAKES CARE OF MOM AND DAD IN THE NURSING HOME? IN N.J., THE ANSWER CAN BE SCARY.
July 15, 2019
We were interviewed in connection with the Newark Star-Ledger’s July 15th investigative report on “Who Takes Care of Mom and Dad in the Nursing Home.” You’ll find that he quoted from our conversation in detail. Beyond that, it’s a good reminder that what happens in the nursing home usually stays in the nursing home, to the great prejudice of the resident’s care.
“Staffing shortages like those described in the article are often at the root of litigation alleging negligence or malpractice.”
Thank you Ted Sherman of the Star-Ledger.
9 NEW JERSEY NURSING HOMES MAY SOON BE RANKED AMONG THE WORST IN THE COUNTRY
June 5, 2019
A new study from the Department of Health and Human Services – Centers for Medicare and Medicaid Services (CMS) lists the following nursing homes as being classified as candidates for being classified as “Special Focus Facilities. A special focus facility is a nursing home where there is a history of serious quality issues. New Jersey nursing homes listed include:
- Millville Center (Millville)
- Our Lady’s Center for Rehabilitation and HC (Pleasantville)
- Care One at Evesham (Marlton)
- Riverside Nursing and Rehabilitation Center (Trenton)
- Sterling Manor (Maple Shade)
- Waterview Center (Cedar Grove)
- Summit Ridge Center (West Orange)
These New Jersey Nursing Homes are already classified as a special focus facility.
- New Grove Manor (East Orange)
- Riverfront Rehabilitation and Healthcare Center (Pennsauken)
CNN Reports Elderly Medication Abuse At Nursing Homes
CNN published an investigative report and data analysis which shows how the pill Nuedexta is being “increasingly prescribed in nursing homes even though drugmaker Avanir Pharmaceuticals acknowledges in prescribing information that the drug has not been extensively studied in elderly patients.” The report goes on to state that “voluntary reports with the FDA, Nuedexta has been listed by caregivers as a potential cause of side effects and harm ranging from falls to death.”
The CNN story contents that “Neudexta’s financial success, however, is being propelled by a sales force focused on expanding the drug’s use among elderly patients suffering from dementia and Alzheimer’s disease….” The only approved use the pill is for PBA (pseudobulbar affect) which is a disorder which has an uncontrollable crying or laughing as a symptom. While a rare disorder, there has been a 400% increase in prescriptions alongside another finding that “nearly half the Nuedexta claims filed with Medicare in 2015 came from doctors who had received money or other perks from the company.”
If nothing else, the CNN story demonstrates the need for caregivers to closely monitor the medications given to elderly patients and to ask questions regarding the validity of any diagnosis.
Read more at CNN.
Serious Nursing Home Abuse Often Not Reported to Police, Federal Investigators Find
NRP report on an alert released by the Office of Inspector General in the U.S. Department of Health and Human Services that 25% of serious cases of nursing home abuse is not reported to the police.
In 2015 and 2015, investigators found “134 cases of abuse of nursing home residents severe enough to require emergency treatment. The vast majority of the cases involved sexual assault.”
Nursing home neglect and abuse is a serious problem. Any cuts to Medicaid or to the Departments of Health have dire consequences for nursing home residents. Conditions will only get worse unless we care.
Source: NPR.org, accessed 8/28/17, Ina Jaffee, Morning Edition
CBS News featured Gartenberg Howard partner Tom Howard on the new precedent that resulted from a recent action taken on behalf of a nursing home abuse client. The precedent is a major step forward in the protection of all patient rights by reinforcing the right to a jury trial.
Judges Say Arbitration Unenforceable When Forum Unavailable
A New Jersey appeals court has ruled that an arbitration clause in a contract may be unenforceable if the arbitration forum is not available in the event of a dispute.
To quote Gartenberg Howard partner Tom Howard “the Appellate Division’s decision reflects that laws such as the Federal Arbitration Act are supposed to protect people’s right, not take them away.”
Read how the ruling sets a new legal precedent in the protection of nursing home patients from abuse and neglect.
The Importance of Wills
Gartenberg Howard partner Amie Gartenberg is quoted on the importance of having a will. She states that “a number of people who have very significant wealth do not do the planning. People just don’t want to think about it.
Bergen County Jury Awards $1 Million Verdict against Englewood Plastic Surgeon Who Performed Eyelid Surgery Without Consent