Nursing Home Abuse - Aretsky Law Group, P.C.

New Jersey Nursing Home Covid Deaths Prompt Lawsuits

Aretsky Law Group — Sat, 20 Feb 2021 19:25:41 GMT

Probably no U.S. state except New York has seen nursing facilities for the aged hit harder by the Covid-19 crisis than New Jersey. To date, over 7,000 Garden State nursing home residents have succumbed to the virus.

Back in the spring of 2020, in the early days of the pandemic, New Jersey Gov. Phil Murphy and the state legislature acted quickly to grant broad civil and criminal immunity to health care facilities treating Covid patients, including hospitals and nursing homes.

The rationale at the time was that health care providers acting in good faith and according to prevailing safety protocols should not face crushing financial liability for Covid deaths that may not be their fault. However, as this blog has reported before, many nursing homes around the country and in New Jersey already had a poor track record of protecting elderly patients. Understaffing and other corner-cutting measures by for-profit owners left patients at risk, and elder advocates say these subpar facilities should not be allowed to now escape responsibility for preventable deaths.

Unprecedented Emergency Spurred Unusual Measures

Nursing and long-term care industry officials welcomed the government protections in the face of an unprecedented emergency. But critics argue the industry had no excuse to be unprepared for the pandemic.

Further, the immunity provisions did not bar all Covid-related claims; they did not protect caregivers and facilities in the case of gross negligence or willful misconduct, for instance.

Several horrific and highly publicized cases have spawned recent lawsuits accusing New Jersey long-term care facilities of fraud among other claims. Authorities discovered 17 bodies in April at a morgue inside an Andover Subacute Rehabilitation Center in Andover. The Covid-related deaths are under investigation by the state. Now some of the victims’ relatives have filed suit against the home’s owners and unnamed staff members. One of the Andover facilities is ranked only one star out of five by the Center for Medicare and Medicaid Services (CMS), partly for its allegedly lax infection-control and safety measures.

The suit alleges that Andover failed to implement corrective measures recommended by CMS that might have mitigated the devastation of the pandemic, and plaintiffs are attempting to gain class-action status for the other Covid victims at the facility. Among the claims is that staff failed to keep families informed about the whereabouts of their departed loved ones’ remains for several weeks after their deaths.

One of Andover’s owners, in a statement, countered that the facility did take “proactive steps” in the early days of the pandemic to confront the crisis and by June 2, it was in “substantial compliance” with applicable standards of care.

Veterans Memorial Home in Menlo Park is also the subject of a Covid-related wrongful death suit, according to NJ.com. Lawyers for the plaintiffs claim that nursing staff there were instructed not to wear masks or gloves.

A Disaster Waiting To Happen?

The substandard status quo documented in many state nursing homes predating the pandemic created a perfect storm for spread of the deadly disease. Pre-existing understaffing levels exacerbated shortages of protective equipment and ventilators. Advocates for the elderly argue that such facilities should not be given a free pass despite how well-intentioned the state-enacted liability immunity was. Even some state lawmakers now say the legislation went too far in protecting bad facilities. There is an effort underway to conduct legislative hearings on the Covid disaster in some of the state’s homes.

On Sept. 16, Gov. Murphy signed a series of bills aimed at improving nursing home care and safety.

However, as a result of the initial rush to protect all health care providers, families attempting to seek justice for loved ones lost to Covid-19 must show fraud, deliberate misconduct, or recklessness on the part of nursing care providers, which can be a high bar.

Contact a Bergen County Nursing Home Abuse & Neglect Lawyer

If your elder loved one has experienced a preventable injury or death in a New Jersey nursing home, Aretsky Law Group P.C. has a proven track record of successfully holding negligent operators accountable. Contact our law office today for a confidential consultation.

Covid Disaster Spurs Legislative Overhaul of New Jersey Nursing Homes

Aretsky Law Group — Sat, 08 Aug 2020 19:37:34 GMT

Declaring that the Covid-19 crisis exposed and exacerbated pre-existing, longstanding problems within New Jersey nursing homes, two Democratic state legislators have introduced a series of bills designed to ensure long-term care facilities are better prepared to weather future emergencies and deliver “the highest quality care possible.”

State Senator Joseph Vitale and Assemblywoman Valerie Vainieri Huttle on July 31 announced legislation that is intended to put into effect recommendations made in an independent organization’s report on New Jersey nursing homes and their response to Covid-19. The bills’ backers reportedly hope to get the legislation fast-tracked through the senate and assembly and to the governor’s desk.

The bills seek to impose better protections for staff and residents in the event of public health emergencies, as well as improve resident care and the working environment.

“The Covid-19 pandemic has revealed cracks in our long-term care system,” the legislators said in a joint statement, describing state nursing homes as “particularly unequipped to mitigate the spread of the virus.”

“As a result, the impact … in these facilities has been devastating,” they stated, citing state death statistics of more than 6,700 residents and 120 nursing home employees to date. ”These numbers are unacceptable.”

Pandemic Command Center, Higher Pay for Staff Among Bills’ Provisions

The legislation is based on recommendations made by Manatt Health, an independent agency commissioned earlier this year by Gov. Murphy to review the state’s oversight of nursing homes.

Among other measures, the bills would:

Create an emergency operations center in the New Jersey Department of Health (DOH) to provide a centralized command and resource center for disease-outbreak response efforts in nursing homes;
Establish a long-term care advisory council to advise DOH on nursing home oversight;
Establish a state task force on nursing home quality and safety, which would recommend improvements in care, resident and staff safety, and workforce “engagement and sustainability.”

The bills would also raise pay and grant other benefits to nursing home workers. They would increase the minimum wage for direct-care staff and also give one-time, lump-sum payments to staff who provided “a certain volume of direct care services to residents” during the current pandemic.

The legislation would also impose tougher penalties on facilities that fail to meet already existing state and federal safety standards.

According to Insider NJ, the legislation has been referred to the Senate Health, Human Services and Senior Citizens Committee and the Assembly Aging and Senior Services Committee.

Contact a Respected Bergen County Nursing Home Abuse & Neglect Lawyer

Although state and federal laws designed to protect nursing home residents from unsafe conditions have existed for years, enforcement of these rules in New Jersey and most other states has been plagued by difficulties, leaving our most vulnerable citizens at risk. Elderly nursing home residents are often not in a position to report or complain about abuse or neglect, so much of it goes undetected. Further compounding the problem, many long-term care facilities are owned by for-profit companies that cut corners on staffing and care, leaving patients in the hands of poorly trained, overworked caregivers.

Indeed, the Center for Medicare and Medicaid Services, the federal agency tasked with overseeing and enforcing nursing home safety, has ranked nearly 30 New Jersey nursing homes as far below the national standard of care. Clearly, nursing home safety laws are meaningless without strong measures in place to enforce them and punish violators.

Aretsky Law Group P.C. has many years of experience holding negligent nursing home operators accountable for the harms they cause. If your senior loved one has suffered abuse or neglect in a New Jersey nursing home, we can put our expertise to use in pursuing compensation for their negligent care.

These 29 New Jersey Nursing Homes Rank Among the Worst

Aretsky Law Group — Fri, 24 Jul 2020 14:23:23 GMT

Families trust nursing homes to provide their aging loved ones professional round-the-clock care when they are no longer able to care for them. While there are many high-quality nursing homes in the United States, the unfortunate reality is that many facilities put profits before patients and are chronically understaffed and poorly equipped to provide their elder residents an adequate level of care. New Jersey is no exception: The Centers for Medicare and Medicaid Services (CMS), which rates nursing homes throughout the country for compliance with federal regulations and publishes its findings on Medicare.gov’s Nursing Home Compare website, ranks more than two dozen state homes as “much below average,” its lowest rating.

Families rely on the Nursing Home Compare tool to help them make informed decisions about where to place their senior loved ones. CMS assesses nursing facilities periodically and scores them on such factors as safety, cleanliness, and staffing levels. Of the 363 nursing homes in the Garden State evaluated by CMS, 28 earned one-star ratings out of a possible five and another earned zero stars.

As is typically the case with nursing homes judged deficient in one or more safety categories, these facilities experienced issues with food sanitation, failure to prevent medication errors, inadequate infection prevention measures, and poor cleanliness among others, according to CMS. The full list of homes is below.

The worst of the worst

One New Jersey nursing home was judged so deficient in safety and care that it didn’t even qualify for one star. Cornell Hall Care & Rehabilitation Center in Union was named a “Special Focus Facility (SFF),” which is a designation indicated on Nursing Home Compare by a yellow warning triangle. SFF-designated facilities generally have longstanding and persistent records of poor quality which have gone uncorrected, and are under special scrutiny by CMS for potential elimination of their Medicare and Medicaid funding.

In its most recent inspection reports, Cornell Hall Care & Rehabilitation was cited for poor medication record-keeping, labeling, and storage; inadequacies with food service; failure to return deceased residents’ personal funds in a timely manner; poor pressure ulcer (bed sore) care and prevention; inadequate urinary catheter care; failure to provide safe and appropriate respiratory care to a resident; and pharmaceutical deficiencies.

CMS only inspects and ranks facilities that receive federal funds, therefore its rankings are not inclusive of every nursing home facility in New Jersey or the United States. Facilities that consistently perform poorly can receive monetary penalties or have their funding suspended until they correct deficiencies.

Contact a Reputable Bergen County Nursing Home Abuse & Neglect Lawyer

If you suspect your loved one has suffered abuse or neglect in a New Jersey nursing home, Aretsky Law PC is here to vindicate their rights. We have many years of experience successfully fighting for nursing home residents and their families, and we can put our expertise to work in pursuing compensation for your loved one’s negligent care.

Eighteen New Jersey Medical Professionals Face Charges

Aretsky Law Group — Tue, 01 Oct 2019 01:31:16 GMT

Eighteen New Jersey medical professionals have faced legal trouble during the past year due to reasons such as opioid, sex, fraud, or stabbing charges involving patients. Some of these cases include a registered nurse who stabbed a 10-year old autistic child with a needle when he was behaving disruptively. The nurse, Naomi Derrick of Sicklerville, supposedly threatened the autistic child with a needle while he was being hospitalized in an Atlantic City psychiatric unit.

According to reports from the Office of Attorney General, Derrick stabbed the child at least six times throughout the duration of the 12 hour shift. Derrick’s conduct was recorded using a security camera found in the room, which revealed footage of her stabbing the child on his “upper arm, thigh, kneecaps, [and] foot and hand” resulting in an accumulation of blood droplets. Derrick claims she did not actually stab the child, but did admit to using the needle as a threat to encourage good behavior.

Other cases of poor ethics in the New Jersey medical community include individuals who have been accused of taking bribes, such as the case of a Bergen County pharmacist, Eduard Shtindler, who is charged with conspiracy for health care fraud. Shtindler supposedly paid kickbacks to a Hudson County based psychiatrist in order to provoke the doctor to direct his patients to the pharmacy that Shtindler owns in West New York. This scheme resulted in nearly $3 million worth of medications prescribed by the doctor which were filled by Shtindler’s pharmacy.

Unfortunately, these cases of violations of healthcare ethics are becoming prevalent.

Medical malpractice is a leading cause of personal injury and wrongful death lawsuits in New Jersey. Unfortunately, while we typically expect hospitals and doctors to treat us with optimal care, this is not always the case. There are a plethora of errors that medical professionals and institutions make regularly, including issues with surgical techniques, anesthesia, birth injuries, and bedsores. In fact, it is estimated that there have been over 300,000 premature deaths attributed to medical malpractice in the United States each year.

Poor conduct by doctors can also take place in nursing homes and long-term care facilities. Commonly, this conduct includes bed sores, dropped patients, choking, medication errors, and dehydration. The Department of Health in the United States holds nursing homes to a high standard, outlined in the Nursing Home Reform Act of 1987. This provided many protections to patients and their families, including the ability to monitor and update the patient’s Care Plan. Nursing home facilities must be in compliance with these federal regulations in order to receive tax dollars from Medicare and Medicaid to fund operations.

Unfortunately, these regulations are often not enough. If you or loved one has suffered from nursing home abuse or experienced poor care from a trusted medical professional, contact the Aretsky Law Group P.C. in order to protect your family’s rights and ensure that you are properly compensated for any violations of patient rights that may have occurred.

Governor Murphy Signs New Law to Impact Car Accident Injury Victims

Aretsky Law Group — Sat, 14 Sep 2019 22:50:30 GMT

New Jersey governor Phil Murphy recently passed a lawthat erases rules that previously “slammed New Jersey auto accident victims with up to $250,000 in medical bills” for accidents that were not the victim’s fault. The law is designed to help those who purchase cheaper auto insurance plans that can leave them with insurmountable amounts of debt in the event of a car accident.

In addition to a comprehensive $250,000 personal injury protection plan that comes with most New Jersey car insurance policies, the state also permits a less expensive option that only covers up to $15,000 in personal injury protection. While this option can be a less costly month-to-month alternative, it can set drivers back tens of thousands of dollars even if they are not at fault for their accident.

The legal action has been inspired by the story of 27-year-old Josh Haines, a New Jersey resident who was saddled with tens of thousands of dollars in debt after a car accident he was involved in eight years ago. According to Josh, “’I’m left in the dark … this was eight years ago and it’s still setting me back.’” In 2011, Josh was driving from Camden County Community College when he was struck by a vehicle that was hydroplaning. His medical bills totaled $30,000, which is nearly double what his less-expensive insurance plan covered.

New Jersey’s no-fault insurance policy can often be difficult to navigate. Being one of the few states that follow the no-fault insurance system, your own insurance company must cover your medical expenses and other expenses that result as a consequence of your car accident. Fortunately, this system allows for medical expenses to be paid quickly to avoid a delay in receiving your reimbursement for out-of-pocket medical bills and other expenses.

There are several limitations of the no-fault insurance system regarding car accident injuries in the State of New Jersey. For example, if you elect the tort threshold, only in the most serious injuries can the no-fault policy provide you with the legal right to sue for pain and suffering in addition to other traditional expenses and damages associated with the case. This is one of the flaws associated with the no-fault insurance system in New Jersey.

In a no threshold policy, the policyholder retains the right to sue the person who caused the accident. On the contrary, in a tort threshold policy, there is an established arrangement that dictates that the policyholder does not retain the right to sue the party who caused the accident for pain and suffering damages unless their injuries meet the injury threshold. On the contrary, under a typical basic insurance policy, bodily injury liability is not included but can be added as an option up to $10,000 for all persons. Property damage is limited to $5,000/accident. Similar to the standard policy, personal injury protection in a basic insurance policy can range from $15,000/person to over $250,000/person in the event of certain injuries. Lastly, the holder of a standard insurance policy has the option to select a limited right to sue the person who caused the accident. Unlike a standard policy, there is no option to select an unlimited right to sue the party that caused the accident. As you can see, the basic policy has a more limited scope that offers less protection for the policyholder, though at a reduced cost.

At Aretsky Law Group P.C., our team of Bergen County car accident attorneys can help you navigate the often complex legal matters that arise from this unique insurance system.

New Jersey Experiences a Rise in Nursing Home Abuse Cases

Aretsky Law Group — Fri, 02 Aug 2019 16:45:35 GMT

In New Jersey and across the United States, nursing home abuse cases have been on the rise. In fact, at Boonton Care Center in Morris County, NJ, a patient was recently pulled off of the toilet by her hair at the hands of an abusive CNA (certified nursing assistant). As with many nursing home abuse cases, witnesses can be intimidated and refrain from reporting the poor behavior. To complicate matters, many victims of nursing home abuse are incoherent and suffer from degenerative diseases such as Alzheimers and dementia that can make it difficult for them to recall traumatic abuses. Typically, residents without regular visits from loved ones and friends are most susceptible to nursing home abuse.

Nursing Home Abuse in New Jersey

According to the Centers for Medicare and Medicaid Services, “abuse related citations nationwide are on the rise, jumping from 3,083 in 2016 to 4,107 in 2018”. Last year alone, there were over 350 complaints filed to the hotline controlled by New Jersey’s long term care ombudsman. Clocking in at 364 reported incidents, the bulk of nursing home abuse cases in New Jersey in 2018 are classified as “resident-to-resident physical or sexual abuse”. Notably, verbal abuse is another popular mechanism of mistreatment at long-term care facilities.

While many cases of nursing home abuse are perpetrated by caretaker and CNA’s who work at the facility, there are also a multitude of cases involving other residents inflicting distress on to other residents. However, it is the responsibility of the center to appropriately assess this threat and mitigate the danger that unruly residents may cause to other patients.

As the global population ages due to improved medical and technological advancements, nursing home abuse becomes a more prevalent issue. For example, a 2008 survey indicates that the elder population is expected to reach 84 million by the year 2050.

Why Does Nursing Home Abuse Occur?

According to data from the Center for Disease Control (CDC) there are more than 15,000 nursing homes in the United States. Out of this figure, roughly 70% are for-profit institutions. Since these centers rely on profits to survive, nursing home management often hires inexperienced or poorly trained staff in order to cut costs and increase their profitability. This can be considered absurd, taking into account the rising cost of long-term care in the United States. Since many patients pay centers upwards of $80,000 annually for care, they expect a higher standard of care.

The Department of Health in the United States holds nursing homes to a high standard, outlined in the Nursing Home Reform Act of 1987. This provided many protections to patients and their families, including the ability to monitor and update the patient’s Care Plan. Nursing home facilities must be in compliance with these federal regulations in order to receive tax dollars from Medicare and Medicaid to fund operations.

Contact a Reputable Nursing Home Abuse Attorney

Unfortunately, these regulations are often not enough. If you or loved one has suffered from nursing home abuse, contact the Aretsky Law Group P.C. in order to protect your family’s rights and ensure that you are properly compensated for any violations of patient rights that may have occurred at a nursing home.