NURSING HOME UNDERSTAFFING – DIRECT LINE TO RESIDENT HOME HARM AND ABUSE
When declining health or recovery following an injury or surgery leaves no real other alternative, a nursing home is not a choice – it is a choice. Nursing homes exist precisely for this reason. Owners and operators know and accept there absolute responsibility to provide the highest practicable level of care.
Harm and abuse directly stem from insufficient staffing levels. This is precisely why federal and state regulation mandates this. The frontline care staff are the ones who shoulder this burden. Yet staffing understaffing persists. The result – people suffer and preventable death occurs.
“BAD MEN”
A lack of humanity and self-avarice is amply demonstrated by the all too many “Bad Nursing Homes and the Bad Men Who Run Them”. There is no better example than the nationwide bankruptcy proceeding involving Genesis Healthcare, LLC. In March 2021, Genesis came under the control of ReGen Healthcare LLC, a private‑equity backer affiliated with Pinta Capital Partners. (A case that will have national implications, we will provide updates.)
You get it: Oh what a tangled web they weave.
PREDICTABLE HARM
Too few caregivers means that vital care goes undone. Call bells go unanswered; meals are delayed; basic needs are neglected. The consequences are no surprise – broken bones, nutritional harms, soiled linens and bedsores.
We recognize that caring for those in nursing homes is challenging work. This is precisely why front-line caregivers must be professionally trained, adequately compensated, and present in sufficient numbers. Cutting corners serves no one in the end.
THE COST
In the end, we all pay the price. Over time, it’s far cheaper to prevent harm than to clean up the damage afterward. Hospital stays, surgeries, rehabilitation, medications, and lost productivity cost society as a whole. And the greatest cost – by far – is borne by those who are needlessly injured.
WHY ISN’T MORE DONE
Oversight is scarce. Consequences are minimal. And those most at risk have few voices speaking for them.
Every few years, legislation is passed to supposedly “address” the issue of inadequate staffing. Unfortunately, these reforms do very little. Nursing home operators and those groups that oppose legislation fight tooth and nail to gut it out. As a results, lawsuits are filed to block enactment, and a public smear campaign generally follows.
WHAT CAN BE DONE
Enact real punishment. Hold violators personally accountable. Only then might politicians on both sides of the aisle resist the tidal wave of money spent to oppose meaningful reform.
Candidly, this is unlikely to happen in the present environment. The industry’s resources are immense. Profits over people is the result.
IN THE INTERIM
When visiting or speaking with a loved one, keep a watchful eye and attentive ear.
- Vary your visiting times, as patterns are predictable.
- Speak to direct care staff and ask if they receive enough support.
- Look for signs of neglect – weight loss, mood changes, or unexplained injuries.
- Attend Care Plan meetings and stay engaged; and
document, document, document.
Know that there is strength in numbers. Our seniors, their families and advocates, and communities must continue to push back. Certainly, change is possible – if we demand it together.
New York State and Northern New Jersey Nursing Home Advocates
If you or someone you know is grappling with a difficult situation in a nursing home, please reach out. I am here to help you navigate these challenges and to advocate for your justice. Should you have any question, please contact us toll free at 888 MY 911 LAW (888.699.1152), or by email through our contact form here.
Thank you.
