Virginia Personal Injury Blog - Nursing Home & Elder Abuse

Which Nursing Homes Provide the Best Care: For-Profit or Non-Profit?

Dan Frith — Wed, 23 Sep 2009 12:14:44 GMT

Choosing a nursing home for a loved one can be a very difficult and emotional decision. We all want to be sure that our family member is being well-cared for and their physical and emotional needs are met when we cannot be there all the time. Nursing homes are usually either for-profit or non-profit. The question remains, which of these two is the better option; does a for-profit nursing home provide better care to its residents than a not-for-profit?

A study/report completed in August 2009 seems to indicate that not-for-profit nursing homes may provide better care. For some, this may seem a naturally obvious conclusion because not-for-profit nursing homes are not driven by profit margins and so, theoretically, they are only interested in providing the best care for their patients and residents. Further, not-for-profits generally rely on the donations and generosity of the public for their funding and so they must provide exemplary care in order to keep themselves in business. Finally, many not-for-profit nursing homes are owned by missions or religious organizations and, according to their mission statements alone, they are not profit driven. The British Medical Journal drafted a report which showed that not-for-profits gained more five-star ratings than their for-profit competitors.

For-profits are required to work, as their name implies, to create a profit for the owners and so they are dollar-driven; this sometimes means they are required to operate with reduced labor forces, less expensive meals, or cheaper resources in order to meet the bottom-line. In other words, fewer nurses on the payroll means more profit and the end of the day.

Despite these generalized statements, there is no black and white distinction between the level of care provided by for-profit and not-for-profit nursing homes. As with any type of service, the best approach is to shop around before selecting a home in which to place your loved one. Be sure to look for things such as the number of staff members the facility has for each resident.

The primary goal in selecting a nursing home is to ensure they provide the best possible care. The American Association of Retired Persons (AARP) has a checklist which provides criteria family's should consider when selecting a nursing home. With the British Medical Journal report and the general knowledge we have of for-profit and not-for-profit business, the findings seem to indicate that for the most part, not-for-profit nursing homes provide better care.

Originally posted at InjuryBoard by Dan Frith

Attorneys General Request Suspension of Medicare 5 Star Rating System for Nursing Homes

Dan Frith — Thu, 03 Sep 2009 09:37:08 GMT

Thirty state attorneys general have asked the Centers for Medicare & Medicaid Services (CMS) to suspend and revise its Five-Star rating system. The Five-Star system, launched in December 2008, gives each nursing facility a rating between one and five stars, based on the facility’s inspection record, staffing levels, and “quality measures” (e.g., percentage of residents with pressure sores or urinary tract infections).

In short, the Five-Star system grades facilities on a curve within a state, and the attorneys general are requesting ratings that could be compared from state to state. It is unclear how much of an issue this is for consumers, since in most (but not all) cases the search for a facility is done solely within one state.

A copy of the request is available on the National Senior Citizens Law Center (NSCLC) website.

My Take: Attorneys General are politicians and money is the financial life-blood of any successful politician. My guess is that deep-pocketed owners of nursing homes made a little telephone call to their state's attorney general and told them the money will stop unless you help us. Unfortunately, the politicians decided money for re-election was more important than informing the public about which nursing homes in their state provide poor care. A sad commentary indeed!

Originally posted at InjuryBoard by Dan Frith

Norfolk Newspaper Comments on Roanoke Valley Nursing Homes

Dan Frith — Wed, 02 Sep 2009 09:59:44 GMT

The Examiner.com, presumably the online edition of the Norfolk (Virginia)Examiner newspaper, had an interesting article yesterday on nursing homes in the Roanoke, VA area. The article was written by Cara Joyce.

The article only mentioned three area nursing homes: Friendship Manor, Avante, and Carrington Place in Daleville.

Why were these three nursing homes mentioned? Certainly not because of their high ratings with Medicare. I quickly took a look at the Medicare Nursing Home Compare site and found out that Friendship Manor and Avante received 1 star out of a possible 5 star rating. Carrington Place did only slightly better by receiving 2 stars out of the maximum rating of 5 stars.

I am not a school teacher but it looks to me that all three nursing homes in the Roanoke Valley received a failing grade.

Originally posted at InjuryBoard by Dan Frith

Virginia Supreme Court upholds grant of Charitable Immunity to local business

Ben Glass — Mon, 31 Aug 2009 20:26:29 GMT

The Supreme Court of Virginia has upheld a challenge to Virginia's charitable immunity law in a case involving a 25 year old severely mentally and physically disabled man.

Juan Jimenez, through his court appointed guardians, had alleged that employees of Didlake, Inc. a Virginia corporation were negligent in there handling of him and that as a result, he suffered a severely fractured leg.

In the trial court Didlake asserted that dispite the fact that it generates over $32 million per year in revenues, that because it was not for profit and benefitted disabled workers it should be immune from Jiminez's lawsuit. A Prince William County judge agreed and dismissed the case.

Jimenez appeale but the Supreme Court of Virginia agreed, finding that there was no error.

The common law doctrine of charitable immunity protects a company such as Didlake from a suit filed by anyone who has 'benefited' from the charityable work. The law has been abolished or strictly limited in most states. If the law is ever to be changed that change will likely have to come from the Virginia General Assembly.

Virginia lawyer's weekly has more on the charitable immunity story here.

Originally posted at InjuryBoard by Ben Glass

Watch Out for Old Bones: They Break Easily

Dan Frith — Mon, 24 Aug 2009 08:45:03 GMT

Accidents in nursing homes are causing injury and even death to our nation’s elderly. In fact, each year average sized nursing homes of approximately 100 beds report anywhere from 100 to 200 slip and falls. Although not all accidents result in fatalities, those that fall may experience reduced quality of life, difficulty in movement, or other serious injuries.

The figures of nursing slip or fall accidents are staggering. Nursing home residents account for 20% of the fall related deaths for those 65 years and older. Of those living in nursing homes, 3 out of 4 residents will slip or fall within the year. This figure is twice the number of those older adults living outside nursing homes in the community. Even more alarming is the fact that residents are falling more than once throughout the year. The average number is 2.6 falls per the year for each nursing home resident.

These falls do not always allow for an easy or quick recovery. Approximately 1,800 people who reside in nursing homes die each year from slips or falls. Those that fall but do not suffer a fatal injury, can disable themselves for the rest of their life, causing depression and feelings of helplessness.

So why are these falls occurring more frequently in nursing homes? The answer is obvious: Residents in nursing homes are usually more dependent and frail than those living outside homes in the community.

With the incidence of falls on the rise, prevention is essential in nursing homes. Prevention steps can include staff education as to risk factors that lead to falls, making resident life easier and more convenient to the residents, and making changes in facilities such as adjusting toilet heights, adding hand rails, and lowering bed heights. Also, making hip pads available to patients to help support them during a fall could prevent serious injuries.

For those with loved ones in nursing homes, or those that work in nursing homes, ensuring that the facilities meet appropriate and safe conditions can mean the difference between longevity and healthy life for your loved ones, or a possibility of a slip and fall accident.

My Advice: First, don't be a victim...be proactive and insist that the facility take appropriate actions and implement safeguards to reduce or prevent falls. Second, if you, or anyone you know has been victim of a slip and fall in a nursing home, contact legal counsel to discuss your legal rights.

Originally posted at InjuryBoard by Dan Frith

Mental Illness Trumps Dementia in Nursing Homes

Dan Frith — Wed, 19 Aug 2009 09:00:44 GMT

I thought I would share the results of a recently published study with the readers of this blog. The study, "Trends in Mental Health Admissions to Nursing Homes,1999 - 2005" was published in Psychiatric Services.

Most people assume that many nursing home residents suffer from dementia or Alzheimer's Disease. This study refutes this assumption in a big way. The study concludes that more residents suffer from a mental illness (such as schizophrenia, bipolar disorder, depression, or anxiety disorder) than dementia.

My Take: Nursing home Administrators should be on the lookout for these residents and not assume the residents are suffering from dementia and not a mental illness, which can be treated medically. Unfortunately, in my experience, most nursing homes just assume the resident suffers from dementia and tells the family there is nothing which can be done to improve the resident's quality of life.

Originally posted at InjuryBoard by Dan Frith

Want to Find a Good Nursing Home? Look for Non-Profits

Dan Frith — Thu, 06 Aug 2009 11:25:28 GMT

This story should not surprise anyone. A nursing home focused on resident care and not just making money will usually provide the best care.

Canadian researchers (at McMaster University in Hamilton, Ontario) have concluded that non-profit nursing homes provide better care than for-profit facilities after reviewing the results of 82 studies from 1965 to 2003.

The review authors calculated that if all nursing homes were non-profit, nursing home residents in the United States would receive 500,000 more hours of nursing care per day. Just imagine how good the care could be with the increased staff!

Who are the non-profit nursing homes in Southwest Virginia. Try these facilities:

1. Our Lady of the Valley

2. Roanoke United Methodist Home

3. Brandon Oaks

4. Kendal at Lexington

5. The Summit (Lynchburg, VA)

6. Westminster-Canterbury (Lynchburg, VA)

7. King's Grant Retirement Community (Martinsville, VA)

8. Kroontje Health Care Center (Blacksburg, VA)

9. Warm Hearth Village (Blacksburg, VA)

My Take: Give these nursing homes your "first look" in you are searching for a good facility.

Originally posted at InjuryBoard by Dan Frith

Elder Abuse: Sometimes its Financial

Dan Frith — Thu, 23 Jul 2009 11:31:10 GMT

We have all heard about the poor conditions in America's nursing homes. Facilities that are under-staffed...residents suffering from malnutrition... dehydration and decubitus ulcercs. But not all abuse of the elderly is related to their physical/mental condition or medical care...sometimes its financial abuse.

Lawyers and financial advisers are seeing more cases of adult children turning to their parents for financial help because of the troubled economy. In some cases, adult children are making a grab for assets held by parents who are too fragile mentally or physically to make decisions that are in their own best interests. In other instances, parents may feel pressured to hand over money or property, or even change their will, for fear of losing a more-precious asset: a child's love.

A recent article in the Wall Street Journal focuses attention on this very problem. The article tells several stories of elder financial abuse by family members.

My Take: Bank, credit card, and investment statements should be regularly reviewed by an outside party the senior knows and trusts.

Originally posted at InjuryBoard by Dan Frith

Nursing Home Abuse More Common than Statistics Indicate

John Cooper — Sat, 18 Jul 2009 22:35:00 GMT

Some people think nursing home abuse is a “once-in-a-blue-moon” event. Unfortunately, it’s much more common occurrence than one would expect. The official data indicates between one to two million citizens over the age of 65 have been injured, exploited, or mistreated by someone they rely on to take care of them, according to National Research Council Panel to Review Risk and Prevalence of Elder Abuse and Neglect.

These numbers don’t fully reflect the actual number of nursing home abuse and elder abuse cases since there is no uniform reporting system and no comprehensive national data. The definition of nursing home abuse is another grey area since it’s challenging to categorize what would be construed as abuse, according to the National Center on Elder Abuse.

Here’s a shocking video, and clear example, of elder abuse…

http://www.youtube.com/watch?v=4YEuivTYI64&feature=fvw

As a personal injury attorney with over 20 years of experience representing clients who’ve been the victims of nursing home abuse, I understand this area of law. For example, in 2004, the Adult Protective Services Act was enacted which expands the number of “mandatory reporters” (i.e. people who are legally obligated to report abuse if they suspect such abuse is occurring). All individuals licensed, certified, or registered by health regulatory boards, excluding the Board of Veterinary Medicine, are “mandated reporters.” This includes dentists, pharmacists, emergency service personnel, and guardians.

About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car,truck,railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by John Cooper

Recurring Problems with Nursing Homes # 9

Dan Frith — Thu, 16 Jul 2009 06:04:00 GMT

Lauren and I have reviewed over 500 potential nursing home cases over the years and we see some problems over and over and over again. I decided we would share with our readers some of the more frequent problems...and the answers.

Problem #9: A resident, and her family, are told that "Medicaid doesn't pay for the service or care that you want." Can they do that?

The answer is no. A nursing home must establish and maintain identical policies and practices regarding the provision of services, discharges, etc., for all individuals regardless of the source of payment. Medicaid is a thorny issue for nursing homes. Medicaid accounts for approximately one-half of nursing homes' total revenue. However, Medicaid often pays much less for a care than Medicare or a private insurance company.

A Medicaid-eligible resident should fight any attempt by the nursing home to provide second-class treatment. The federal law (Section 483.12(c)(1) of Title 42 of the Code of Federal Regulations) requires nothing less.

Originally posted at InjuryBoard by Dan Frith