The surviving wife of a 49-year-old nursing home resident has filed a lawsuit against a Wyoming nursing home, alleging that her husband was neglected before he died. The Wyoming nursing home negligence lawsuit alleges that the man did not have a bowel movement for several weeks and was bathed only three times per month while he was in the nursing home. He died in hospice care in February 2017.
The man became a resident of the Wyoming nursing home in September 2016, after suffering a stroke. He remained a resident of the nursing home until he was transferred to a local hospital on January 24, 2017.
The man’s family claims in their lawsuit that while the man was a resident of the nursing home, he suffered from medical conditions that ranged from kidney failure and severe constipation to sepsis. During the four-month period he was a resident of the nursing home, the man lost 24 pounds.
CMS’ Nursing Home Compare website reports that the Wyoming nursing home where the man was a resident is on its “Special Focus Facility” (“SFF”) list. The SFF lists nursing homes that (a) have had a history of serious quality issues and (b) are included in a special program to stimulate improvements in their quality of care.
Most nursing homes have some deficiencies, with the average being 6-7 deficiencies per survey. Most nursing homes correct their problems within a reasonable period of time. However, CMS has found that a minority of nursing homes have:
• More problems than other nursing homes (about twice the average number of deficiencies),
• More serious problems than most other nursing homes (including harm or injury experienced by residents), and
• A pattern of serious problems that has persisted over a long period of time (as measured over the three years before the date the nursing home was first put on the SFF list).
Although such nursing homes would periodically institute enough improvements in the presenting problems that they would be in substantial compliance on one survey, significant problems would often re-surface by the time of the next survey. Such facilities with a “yo-yo” or “in and out” compliance history rarely addressed underlying systemic problems that were giving rise to repeated cycles of serious deficiencies. To address this problem, CMS created the SFF initiative.
CMS requires that SFF nursing homes be visited in person by survey teams twice as frequently as other nursing homes (about twice per year). About 50% of the nursing homes in the SFF program significantly improve their quality of care within 24-30 months after being selected for the SFF initiative, while about 16% tend to be terminated from Medicare and Medicaid.
The SFF program can accommodate 88 nursing homes but there are about 400 nursing homes that qualify to be in the SFF program. There are about 16,000 nursing homes in the United States.
The Wyoming nursing home where the man was a resident has been part of the SFF program for 13 months.
If you or a loved one suffered injuries (or worse) while a resident of a nursing home in Wyoming or in another U.S. state due to nursing home neglect, nursing home negligence, nursing home abuse, nursing home under-staffing, or the nursing home failing to properly care for a vulnerable adult, you should promptly find a nursing home claim lawyer in Wyoming (a Wyoming medical malpractice lawyer) or a nursing home claim lawyer in your state who may investigate your nursing home claim for you and file a nursing home claim on your behalf or behalf of your loved one, if appropriate.
Click here to visit our website to be connected with medical malpractice attorneys (nursing home claim attorneys) in your U.S. state who may assist you with your nursing home claim, or call us toll-free in the United States at 800-295-3959.
Turn to us when you don’t know where to turn.