Articles Posted in Infections in Nursing Homes

According to a recent news report, Maryland Governor Larry Hogan has directed state officials to provide detailed information on COVID-19 cases in Maryland nursing homes and assisted-living facilities and is adding two additional drive-thru COVID-19 testing sites in the state. As of May 2, there are over 24,000 confirmed cases in the state of Maryland, and 1,156 COVID-19 deaths. Maryland currently has the 12th highest rate of COVID-19 cases per capita and the 10th highest death rate per capita in the country. The highest number of cases are in Prince George’s County (7,041), followed by Montgomery County (4,919).

The state maintains a coronavirus resource webpage and has recently begun to publish data on COVID-19 cases in nursing homes and other assisted-living facilities in individual facilities in each county in Maryland. In nursing homes, assisted living homes, and group homes in the state there are now 3,218 confirmed resident cases, 525 resident deaths, 1,489 staff cases, and 8 staff deaths. Right now, Montgomery County has the highest number of total COVID-19 cases in nursing homes, assisted living homes, and group homes. In Montgomery County, there have been 717 confirmed resident cases, 382 confirmed staff cases, 148 resident deaths, and 1 confirmed staff death.

Examples of case information for certain facilities are as follows:

  • Manor Care Silver Spring: 58 resident cases, 17 staff cases, and 16 resident deaths
  • Regency Care of Silver Spring: 50 resident cases, 30 staff cases, and 10 resident deaths
  • Rockville Nursing Home: 36 resident cases, 15 staff cases, and 13 resident deaths
  • Wilson Health Care Center at Asbury Methodist Village: 47 resident cases, 16 staff cases, and 12 resident deaths
  • Brighton Gardens of Tuckerman Lane: 24 resident cases, 16 staff cases, and 8 resident deaths
  • Montgomery Village Health Care Center had 32 resident cases, 11 staff cases, and 8 resident deaths

In addition to five drive-thru testing sites in Bel Air, Columbia, Glen Burnie, Waldorf, and White Oak, the state is adding two additional sites in Owings Mills and Prince Frederick. However, tests are offered only to people who have symptoms and are at high risk for complications from COVID-19—and only for those with an appointment and with an order from a health care provider.
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Despite the concerning rate of COVID-19 (coronavirus) deaths, a recent news report indicates that officials are refusing to provide the public with a comprehensive and accurate list of Maryland nursing homes and long-term facilities where outbreaks have been confirmed. Many nursing home administrators, staff, and residents at these facilities remain in the dark about the presence of the infection at their facilities. Maryland Department of Health officials advised investigators and reporters that public disclosure was up to the local health department. However, many local health departments declined to release the names of affected facilities, reasoning that they need authorization from the state to share the information. This lack of transparency has added to the public’s fear and confusion about how to protect themselves and their loved ones. Maryland nursing homes that fail to engage in appropriate disease prevention practices and do not provide the public with crucial health and safety information may be liable for the spread of disease at their facilities.

Maryland nursing homes and long-term care facilities must limit the spread of disease and infection by taking precautions and acting quickly when an outbreak emerges. It is especially important because nursing home populations are at the highest risk of being affected by COVID-19. The Centers for Disease Control and Prevention (CDC) provides these facilities with guidance on how to keep COVID-19 from entering their facilities, identifying infections, preventing the spread of COVID-19, accessing personal protective equipment, and managing severe illnesses.

The guidelines make it clear that one of the most critical components of disease control is providing residents and staff with information about the disease. Staff and residents should receive education and training about signs, symptoms, and potential outbreaks. Further, residents and families should have information about what the facility is doing to protect their loved ones. Some common ways to limit the spread of disease are restricting visitors, reinforcing adherence to infection prevention, and implementing non-punitive, flexible sick policies for staff. These Maryland facilities must act swiftly to implement all of these recommendations before cases are identified at their locations. Maryland nursing homes that fail to engage in these safe practices and refuse to provide this crucial information may leave their residents and staff vulnerable to exposure and severe illness.

There are different causes of action that an individual may be able to bring in a COVID-19 Maryland nursing home case, depending on the circumstances. Causes of action in a Maryland nursing home case can include negligence, wrongful death, battery, false imprisonment and infliction of emotional distress.

Negligence is among the most common causes of action. Generally, in a Maryland negligence claim, a plaintiff must show that a defendant owed the plaintiff a duty, the defendant breached that duty, the plaintiff suffered an injury or loss, and the damages proximately resulted from the defendant’s breach of the duty. In a Maryland nursing home case, a nursing home may be liable for negligence if the home was negligent in caring for the resident, in failing to keep the resident safe, or in another way. For example, failing to segregate a positive COVID-19 resident, to inform other residents, to test symptomatic residents, or to require staff to wear protective gowns and masks might be potential cases of negligence.

Wrongful death claims are another common cause of action in nursing home cases. In the tragic event of the death of a nursing home resident, a nursing home may be liable for the wrongful death of the resident. Wrongful death claims brought under Maryland’s Wrongful Death Act allow claims against a defendant “whose wrongful act causes the death of another.” In COVID-19 cases, these claims would likely be brought for similar reasons as a negligence claim.

As the coronavirus continues to spread across the United States, officials are tracking cases in nursing homes, where residents are at a heightened risk. According to a recent report, state officials have now reported at least 60 Maryland nursing homes and senior living facilities have confirmed coronavirus cases in the state. There have been six deaths at one facility in Mount Airy. Health officials have reported that 147 nursing homes across 27 states have at least one resident with coronavirus, according to one news report.

The Centers for Disease Control and Centers for Medicare and Medicaid Services looked into the high fatality rate at the Life Care Center nursing home in Kirkland, Washington, where at least 35 residents or staff have died from the virus. CMS found that the center failed to quickly identify and manage sick residents, notify the state’s health department about the rate of respiratory infection among its residents, and failed to have an adequate backup plan when the facility’s primary clinician became sick.

Seniors are at a greater risk because they are more susceptible to complications from the virus, a CMS administrator said in a statement. People over 65 years old are at a high risk of serious illness and death from the virus, according to the CDC. CMS said it would enhance its inspection process for nursing homes in light of its findings.

Nursing homes fill an important role in today’s society; as the population ages and life expectancy increases, more and more Americans are placing their loved ones in nursing homes to care for them when they are no longer able to care for themselves. Unfortunately, not all nursing homes are safe for residents, and sometimes residents may suffer abuse or neglect from the individuals tasked with caring for them. While the federal government has regulations governing nursing homes and standards of care, the current administration has recently attempted to loosen these regulations, causing concern for Maryland nursing home residents.

The proposal to relax regulations governing nursing homes was introduced in July of 2019 but has been drawing particular attention recently due to the coronavirus. According to an article in the New York Times, the federal government’s proposed changes would loosen regulations established during the Obama administration meant to curb deadly infections and diseases in nursing homes. Specifically, the rule would eliminate the requirement that nursing homes employ at least one specialist in preventing infections. Infection-prevention specialists are currently supposed to be at all nursing homes in the country, ensuring that employees are washing their hands and following other safety procedures. Their role is considered especially important when considering that, every year, about 380,000 nursing home residents are killed by infections.

While this proposed change is of concern even without the current pandemic, the coronavirus illustrates the vulnerability of nursing homes to infectious diseases. For example, one nursing home in Washington state has lost 13 residents to coronavirus, and dozens of other residents and employees have gotten ill. National reports indicate that the elderly are particularly susceptible to the coronavirus, with a significantly higher death rate than the general public. Additionally, those living in nursing homes are less able to practice social distancing, increasing their risk. Thus, advocates are urging the federal government to withdraw the proposed changes, which could lead to increased medical neglect, less infection control, and more illnesses and deaths in nursing home populations.

Individuals across the world are beginning to experience the devastating impact of Covid-19, commonly known as the novel coronavirus. The new strain of the virus has been identified in every state and is linked to the death of over 150 U.S. residents. Out of these deaths, at least 40 are connected to a single nursing center in Washington, and residents of other long-term care facilities. The widespread exposure throughout these nursing facilities shines a light on the fundamental problems nursing homes have containing the spread of disease. Maryland nursing homes should take the necessary precautions to limit the spread of these types of fast-spreading diseases and infections.

The coronavirus shares some similarities to the flu in that it quickly spreads through person-to-person contact or through respiratory droplets. Further, although the flu can be severe and have high rates of mortality, experts have years of studying the flu and generally know what to expect each season. In contrast, relatively little is known about the new virus and the diseases it causes. However, it is clear that, like the flu, the disease is highly contagious and spreads quickly.

Maryland nursing homes should follow the Center for Disease Control (CDC) recommendations for preventing the spread of disease. These diseases thrive and spread quickly in confined spaces, such as, assisted-living facilities and long-term care facilities. Healthcare workers must follow strict procedures to prevent serious illnesses, injuries, and deaths to their residents. Nursing home workers should practice proper hand hygiene, wear protective equipment, restrict visitors from contacting infected patients, and prevent infected healthcare staff from contacting patients. Nursing homes that do not engage in these practices may be responsible for the spread and consequences of a virus.

Nursing homes must meet certain standards in caring for their residents. The standards that must be met vary, depending on the jurisdiction and the local laws and regulations. Generally, the standards require that a nursing home must provide its residents with a safe environment and that it must exercise reasonable care in caring for its residents. In a Maryland nursing home abuse or neglect case, a plaintiff must show that the nursing home failed to meet its duty in properly caring for the resident under the circumstances. Courts may use different standards, such as national standards set forth for nursing home care and a nursing home’s internal policies.

Many nursing home cases involve neglect rather than intentional abuse. Examples of potential neglect include unsanitary living conditions and poor personal hygiene, which can cause sicknesses, especially to residents who are often already sick and elderly.

Almost 35,000 people die each year from drug-resistant infections, according to recent data from public health officials. The latest projection of deaths in the country is double the previous estimates, revealing the prevalence of drug-resistant infections, as one recent news source reported.

Claims against nursing homes can arise in a variety of circumstances, including abuse, neglect, and failures to properly treat patients in their care. As a result, many of the claims against nursing homes and other long-term care facilities allege the facility was negligent in some way. As in any negligence claim, in a nursing home claim alleging negligence, a plaintiff must establish that the defendant owed a duty to the plaintiff, the defendant breached that duty, the breach caused the plaintiff’s injury, and the plaintiff sustained damages.

In nursing home claims, after a plaintiff proves that a nursing home owed a duty to the resident, the next issue is whether the defendant’s conduct fell below the standard of care. This is the standard that a defendant is expected to meet under the circumstances present in the particular situation. In some cases, a nursing home resident may die at a nursing home, but the home may not be at fault. Thus, in order to establish liability, a plaintiff has to show that the facility did not properly care for the resident, and this conduct led to the resident’s injuries. A recent case shows the type of evidence necessary to succeed in a nursing home negligence lawsuit.

Jury Awards Family $450,000 After Resident Dies from Infection

A jury recently found a rehabilitation center was negligent in its care of a blind, diabetic resident,
and it awarded the man’s family $450,000 in damages. According to one news source, the man, a 79-year-old retired tractor mechanic, died in November 2014, just a month after he was admitted to the center. The evidence presented at trial showed that the man was on dialysis and developed an infection in his big toe that turned gangrenous and that led to his right leg being amputated and ultimately to his death.

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Late last month, an article by Newsmax Health conducted an investigation into a frightening statistic that the superbug MRSA can be found in roughly 25% of all U.S. nursing homes. According to the report, the largest contributing cause to the transmission of this antibiotic-resistant bug is contaminated gloves.

The article, working off a study conducted by Infection Control & Hospital Epidemiology, notes that there is a gap in education among nursing home employees regarding the transmission and seriousness of MRSA.

The study, which took place in Maryland and Michigan nursing homes, showed that in 28% of nursing homes the MRSA bacteria was present at some level. The largest contributors were glove- and gown-contamination, with glove-contamination being more prevalent. The study explains that washing hands and changing gloves between residents is crucial to stop the spread of the deadly disease.

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A recent review of norovirus outbreaks in nursing homes found a correlation between outbreaks and higher rates of both hospitalizations and mortality among residents. While the correlation does not necessarily mean that the norovirus directly causes a greater number of hospitalizations or deaths, the data obtained by the study could prove useful in identifying risks faced by nursing home residents during outbreaks of communicable disease. This can in turn help nursing home administrators enact policies to protect and preserve their residents’ health and safety.

The norovirus is a highly contagious virus commonly associated with the stomach flu. It can affect anyone, regardless of age or general health condition, with symptoms ranging from stomach pain and nausea to acute gastroenteritis. People can contract an infection from other infected people, contact with contaminated surfaces, or ingestion of contaminated food or water. According to the Centers for Disease Control and Prevention (CDC), the norovirus sickens around 21 million people in the U.S. annually, and it is responsible for as many as seventy thousand hospitalizations and eight hundred fatalities per year.

The study, “Hospitalizations and Mortality Associated With Norovirus Outbreaks in Nursing Homes, 2009-2010,” was published in the October 24/31, 2012 online edition of the Journal of the American Medical Association. The researchers reviewed records from Medicare and the CDC for a period from January 2009 through December 2010 from three states: Oregon, Pennsylvania, and Wisconsin. Their review covered 308 nursing homes, with a combined total of 407 reported outbreaks of norovirus. The norovirus outbreaks lasted a median of thirteen days. Twenty-nine percent of the total number of reported hospitalizations and seven percent of the reported deaths occurred during reported outbreaks.

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