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GOVERNMENT INVESTIGATING NURSING HOME CULPABILITY FOR COVID-19 (CORONA VIRUS) INFECTIONS

Update: Genesis in Milford, DE has “Dozens of COVID-19 cases” according to Delaware State News (4/15/20). According to the article, 55 residents and 13 employees have tested positive for the disease. https://delawarestatenews.net/coronavirus/report-dozens-of-covid-19-cases-at-genesis-care-center-in-milford/

The Centers for Medicare and Medicaid (“CMS”) has already begun its investigation of nursing homes for violations related to the handling of COVID-19 (Corona Virus).

We have recognized that nursing homes and assisted living facilities have for years been understaffed: including under-payment of employees or not having enough on the schedule. Their corporate greed has led to injuries to their residents and patients in the past. This has been the perfect storm brewing for some time.

With the onset of COVID-19 (Corona Virus), these issues have come to the forefront of the nation and now the federal government is taking a harder look.

Nursing homes and assisted living facilities are required to have sufficient staff based on a ratio of the acuity of the patients, meaning the level of care required for the patient.  This is known as Eagle’s law.  Essentially, the more care a resident needs according to their individual care plan then the more staff a nursing home is required to have.  If the nursing home has many residents that require a higher level of care then the staffing ratio needs to be lower.  This is because each staff member is able to take care of fewer more complicated residents then they could if the residents were less complicated.

In addition, nursing homes are required to have policies and procedures in place to reduce the risk and spread of infection to their residents.  Having the policies and procedures is not enough.  Nursing homes and their staff must also follow their procedures.

Nursing homes are also required to have supplies on hand to deal with an outbreak of infection if one occurs.

Our history of handling nursing home cases in Delaware has demonstrated time and time again that nursing homes cut corners in order to increase their profit margins.  It is unfortunate that it took COVID-19 (Corona Virus) for a more serious investigation, but it is fortunate that the federal government is now investigating.

Here is an article addressing the issues further: https://www.webmd.com/lung/news/20200410/covid-19-shows-gaps-in-controls-at-nursing-homes?ecd=wnl_spr_041120

If you or a loved one has fallen victim to nursing home abuse or neglect, or became infected with COVID-19 (Corona Virus) while in a nursing home please call us to see if you have a case – (302) 428-8800.

Click here to contact us to schedule a free consultation to see if you have a case.

At Hudson & Castle, we approach each case ethically, honorably, and skillfully, beginning with a free consultation, continuing with the convenience of flexible appointments, and finally, charging you nothing unless we win or settle. We also handle cases on behalf of our clients who are Delaware residents but have been injured in nearby Pennsylvania. Please call Hudson & Castle at 302-428-8800 (Monday-Friday, 8:30am- 5:00pm, ET) or contact us, and we will get back to you shortly to discuss your case.  

The July Effect: An Urban Myth?

U.S. doctors start their residencies (in hospital training) each July 1 in thousands of “teaching hospitals” nationwide. In 2012 the influx was noted as nearly 37,000 interns and other trainees. The result? An abundance of current teams of experienced residents leave “teaching hospitals” and are replaced by trainees fresh out of medical school. The notion that nationwide morbidity and mortality rates increase in teaching hospitals in July as a result is known as the July Effect.

In 2011 a systematic review of literature was published in The Annals of Internal Medicine, by Dr. John Q. Young, MD, that showed the July Effect does exist. 45% of the higher quality studies noted an association between the influx of residents and mortality.

A study at the University of California-San Diego, examined 62 million computerized U.S. death certificates from 1979-2006. The study reported a spike in the ratio of observed and expected medication error deaths on certificates only in July.

According to U.S. News, in 2014, Anupam Jena, an internist and assistant professor of health care policy at Harvard Medical School said, “If you talk to anyone who works in a hospital…unequivocally they will tell you care is worse in July.  Her conclusions are based on experience and common sense, “The interns know less than the physicians who were there a few months before.”

Click here to contact us to schedule a free consultation to see if you have a case.

At Hudson & Castle, we approach each case ethically, honorably, and skillfully, beginning with a free consultation, continuing with the convenience of flexible appointments, and finally, charging you nothing unless we win or settle. We also handle cases on behalf of our clients who are Delaware residents but have been injured in nearby Pennsylvania. Please call Hudson & Castle at 302-428-8800 (Monday-Friday, 8:30am- 5:00pm, ET) or contact us, and we will get back to you shortly to discuss your case.