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Category: Nursing Home Abuse

Pennsylvania Passes Act 53 to Expand Prosecution Power in Elder and Nursing Home Abuse Cases

Published on September 19, 2018, by SHRAGER SACHS & BLANCO | Nursing Home Abuse

America’s growing elderly population has facilitated the expansion of a booming industry tasked with providing the support, care, and services they need. Unfortunately, the proliferation of nursing homes, assisted living facilities, and companies offering daily care and living assistance services has also created growing concerns over the safety of our most vulnerable population, especially in terms of elder and nursing home abuse. Those concerns were a significant factor behind the recent passing of Act 53. Act 53, which has been praised by victims’ advocates and State Attorney General[...]
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Nursing Home Injuries Caused by Inadequate Staffing

Published on August 13, 2018, by SHRAGER SACHS & BLANCO | Nursing Home Abuse

Families face a difficult task when deciding whether or not to place their elderly loved ones in a nursing home or assisted living facility, not to mention a challenge in finding the right one. To aid them in this journey, many families will utilize various resources that provide insight into the level of care and support facilities will provide their family member. This may include visits and consultations at the nursing homes themselves, and the use of online tools like Medicare’s five-star nursing home rating system. Unfortunately, as[...]
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Pennsylvania Legislature Votes Against Bill Capping Punitive Damages in Nursing Home Abuse Cases

Published on July 5, 2018, by SHRAGER SACHS & BLANCO | Nursing Home Abuse

The Pennsylvania House of Representatives recently voted against a bill that would have put a cap on the punitive damages that could be awarded to victims in verdicts against nursing homes in the state. This bill sought to apply the Medical Care Availability and Reduction of Error (MCARE) Act to assisted living facilities and nursing homes, which would have capped these damages to 250 percent of the compensatory damages awarded. “This bill demonstrates that the Pennsylvania legislature, which remains majority-controlled by Republicans, works very hard to balance the[...]
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Philadelphia Nursing Home Profited as Care Declined, Report Shows

Published on June 22, 2018, by SHRAGER SACHS & BLANCO | Nursing Home Abuse

A recent article from the Philadelphia Inquirer is shining a spotlight on a local nursing home owner that profited despite declining care at its facilities. According to the article, nursing homes once owned by the Archdiocese of Philadelphia went from barely breaking even to becoming some of the most profitable nursing homes in the region after being bought by Charles-Edouard Gros. One of the nursing homes included the St. Francis Center for Rehabilitation & Healthcare. As reported by the Inquirer, Gros-owned nursing homes comprised four of the area’s five[...]
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State Suspends License of Arden Courts of Old Orchard

Published on November 2, 2017, by SHRAGER SACHS & BLANCO | Nursing Home Abuse

State officials have revoked the licenses of two personal care homes in Lehigh and Northampton County over the past few days, both of which have been linked to resident deaths. Back in April, 84-year old veteran Daniel Scanlan died as a result of “complications of blunt force trauma” after being pushed by another person living at Arden Courts of Old Orchard. Although a staff member witnessed the incident and reported it to the executive director, the director failed to mention the push in a report to the state. After the[...]
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Death of Daniel Scanlan Ruled Homicide

Published on October 2, 2017, by SHRAGER SACHS & BLANCO | Nursing Home Abuse

Northampton County Coroner, Zachary Lysek, has ruled that Daniel Scanlan, an 84-year-old veteran and long-time resident of the Lehigh Valley in Pennsylvania, died on April 4, 2017 as a result of “complications of blunt force head trauma” which occurred at Arden Courts of Old Orchard in Bethlehem Township, Pennsylvania. The certificate of death from the coroner’s office states that Mr. Scanlan was “pushed by another resident causing him to fall and strike his head.” As a result, the coroner marked “homicide” as the “manner of death” on the[...]
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Presidential Administration Endangering the Elderly

Published on June 12, 2017, by SHRAGER SACHS & BLANCO | Nursing Home Abuse

Last year, the Centers for Medicaid and Medicare Service (CMS) finalized a new rule that bans nursing homes from forcing patients and their families into private arbitration. These mandatory arbitration clauses were hidden in the contract’s fine print, and many families were unaware of the term or misunderstood what private arbitration entailed. This type of arbitration is a practice that keeps any potential nursing home abuse charges out of the public court system, which weakens a patients’ legal leverage. On June 5, 2017, CMS released another proposed rule[...]
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Rigorous Penalty System Leads to More Fines for Pennsylvania Nursing Homes

Published on May 23, 2017, by SHRAGER SACHS & BLANCO | Nursing Home Abuse

In previous years, the Pennsylvania Department of Health has been rather lax in its penalty system regarding complaints of substandard and negligent care in nursing homes. However, within the first four months of this year, there has been a drastic change. In fact, the state has exacted more fines during this period than the previous three years combined, hinting at a much-needed change in how the industry’s failings are handled. While it is promising to see substandard nursing care finally being addressed, it is still to be seen[...]
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Current Administration to Lift Ban on Nursing Home Arbitration Clauses

Published on May 5, 2017, by SHRAGER SACHS & BLANCO | Nursing Home Abuse

There are more than 2 million cases of elder abuse every year, and those are only the cases that are reported. One out of every 10 people will experience some form of elder abuse. Because families often don’t have the time or resources to devote to the full-time care that seniors sometimes need, they depend on skilled nursing facilities to provide help where they can’t. When skilled nursing facilities care for elderly people, they and their friends and relatives are placing their trust in these businesses. When that[...]
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HR Bill 1215 Jeopardizes Justice in Nursing Home Abuse Cases

Published on April 12, 2017, by SHRAGER SACHS & BLANCO | Nursing Home Abuse

Juries typically recognize that nursing home abuse causes severe consequences and permanent emotional scarring, and occurs due to preventable mistakes or intentional harm. As a result, some cases close with a seven-figure award amount that the harmed elder and their family absolutely deserves. A recently proposed bill could counteract progress, though, by seriously limiting how much a plaintiff can collect in noneconomic damages for successful nursing home abuse claims. HR Bill 1215, which is being advertised as the “Protecting Access to Care Act of 2017,” would limit noneconomic damages in[...]
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