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Nursing Home Failures

Nationwide, nursing homes account for 1 in 10 cases and 1 in 4 deaths due to Coronavirus.

AP’s analysis of data from the Centers for Medicare and Medicaid Services found that nearly half of the more than 15,000 nursing homes have reported suspected or confirmed cases of COVID-19 as of June 7th 2020. Furthermore, 21% have reported deaths.

In Delaware specifically, there have been 1,160 COVID-19 cases in nursing homes and assisted living communities as of July 17th, 2020.

A publication regarding the Nursing Home situation in Delaware was featured on Delaware Online on July 17th, 2020.

Of the state's nursing homes rated on Medicare's Nursing Home Compare website, about 80 percent have had one or more violations in the past three years, according to an analysis by Delaware Online/The News Journal.

These violations have mainly consisted of failure to control infection spreading throughout the facility. Kimmel Carter Partner Sean Gambogi, who specializes in nursing home neglect cases, weighed in on these figures:

“I want to take it a step further because while the Coronavirus is new in 2020 …infection is a daily issue that nursing homes have been dealing with since they went into existence. It is not something ‘new’ in that regard. The federal Government has provided guidelines for nursing homes for many years now regarding how to best approach infection control within a nursing home”.

The article also notes that in the first weeks of the pandemic, 30% of nursing home facilities were failing to follow protocols to slow the spread of the virus.

One major issue that was cited was chronic under-staffing in nursing homes and long-term care facilities. Sean Gambogi explains here why this is not a new problem.

Eagles Law is a Delaware state law that outlines a minimum requirement of hours that nursing home employees should spend with each resident per day. This threshold, however, may be seen as the goal to nursing homes – not the minimum requirement. Sean notes that the issue of chronic under-staffing is one of the biggest factors in the nursing home cases he prosecutes.

When considering the option of elder care for your loved one, Sean recommends purchasing an elder-friendly remote contact device. This ensures that you have the ability to contact your loved one, especially if nursing homes lock down again during the COVID-19 pandemic.

You can read the Delaware Online article here.

If you suspect your loved one has been the victim of nursing home neglect, the lawyers at Kimmel, Carter, Roman, Peltz & O’Neill are here to help. Call 302-565-6100 for a free review of your case


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