The Law Firm of Brian Murphy Weighs in on False Data and Cover-ups that Fuel Nursing Home Ratings where Bedsores and Falls Abound at 5-Star Nursing Homes
In dealing with many nursing home cases over the years, Brian Murphy of The Law Firm of Brian P. Murphy, PC, notes that clients rely heavily on the nursing home star rating system, which has been created by the federal government in order to make the difficult decision of where to place elderly family members. Mr. Murphy notes that these ratings can be misleading, as revealed by a New York Times investigation, which discovered that distorted data--intended to disguise deficiencies and hide wrongdoing to achieve a higher star rating--is powering the system designed to reveal these very shortcomings to the public.
PHILADELPHIA, Sept. 21, 2021 /PRNewswire-PRWeb/ -- Providing client representation for nursing home abuse and neglect in the Philadelphia area, all of Southeastern Pennsylvania, and the state of New Jersey has given Brian Murphy an inside look into what families and loved ones use as selection criteria. One of the most heavily relied upon sources is the star rating system. This system, created 12 years ago by the U.S. Centers for Medicare & Medicaid Services (CMS) to provide an easy metric for the public to choose a nursing home, utilizes data reported from the nursing homes themselves. Higher rankings translate to more business and, particularly for the 70 percent of for-profit American nursing homes, to higher profits: According to a NY Times publication, five-star homes make about $2,000 per bed, whereas low-ranked homes operate at a loss.
An eye-opening revelation and one that will be upsetting to the many loved ones who rely on these ratings, this data is rarely audited despite the incentive presented by these circumstances for homes to manipulate their ratings with false reports. Unfortunately, when comparing actual data with that submitted to CMS by nursing homes, the NY Times found that incorrect data was frequently reported, "almost always" inflating a home's image regarding safety, staffing, and quality of care. This could possibly explain the overwhelming number of nursing home abuse and neglect cases that are discovered by loved ones each year and brought to The Law Firm of Brian P. Murphy, PC, for consideration. If families had accurate data to review, many of these nursing homes would have been ruled out when it came to choosing a nursing home.
As a recap, the NYT report outlined how nursing homes manipulated information or attempted to cheat the system in order to increase ranking. For instance, nursing homes were often tipped off about impending inspections in order to mask in advance any wrongdoing—and even when inspections did reveal instances of abuse and neglect at five-star facilities, these findings rarely impacted CMS ratings.
The investigation also revealed how some nursing homes inflated staffing levels to suggest a greater—and safer—ratio of staff to residents than actually exists. Staffing issues are often behind such prevalent instances of nursing home neglect as malnutrition, nursing home falls, and bed sores. Another common practice to achieve boosted ranking includes the tendency of nursing homes to underreport injuries like falls and bedsores.
Bed sores, also called pressure ulcers, develop when residents are left too long in a single position. Ignored bedsores can quickly progress into acute wounds that invite dangerous infections and, in severe cases, can result in death. According to the NY Times, those 5-star nursing homes that concealed grave shortcomings had some patients whose pressure sores (aka, pressure ulcers) had progressed to the point that bones were exposed, while others with severe pressure injuries lost mobility.
Research cited by the article indicates that half of deadly bedsore occurrences go unreported by nursing homes. The statistics regarding underreported falls are similarly grim: Forty percent of residents hospitalized by serious falls are not reported to Medicare. In those circumstances where nursing home residents are hospitalized due to "potential abuse and neglect," only 16 percent of incidents are reported.
The sobering consequence of nursing homes' efforts to conceal their shortcomings and improve their ratings is the total undermining of a system intended to help the public find the best and safest nursing homes possible for their loved ones. According to the findings, not much difference exists between 1-star and 5-star homes in matters of safety, staffing, and quality of care. And once the pandemic struck, it was these deficiencies that contributed to the rampant spread of the coronavirus, irrespective of the star rating.
About The Law Firm of Brian P. Murphy, PC
For over 15 years, Brian P. Murphy, Esq., has devoted his practice to fighting for the rights of nursing home residents. In 2015, he established The Law Firm of Brian P. Murphy, PC, with the intent of helping nursing home abuse victims in NJ and PA. Mr. Murphy is licensed in New Jersey and Pennsylvania and is dedicated to holding accountable New Jersey and Philadelphia/Pennsylvania nursing homes responsible for nursing home neglect, abuse, and fraud. Mr. Murphy has litigated hundreds of nursing home cases involving bed sores, falls, malnutrition, dehydration, physical/sexual abuse, and wrongful death. He has authored various articles and lectured locally and nationally to fellow attorneys about effective strategies for holding nursing homes responsible for neglect and abuse of their residents. For more information please contact Brian P. Murphy directly at (215) 579-8500, or visit http://www.thenursinghomeattorneys.com.
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Media Contact
Christine D'Agostino, The Law Firm of Brian P. Murphy, PC, (215) 579-8500, [email protected]
Brian Murphy, The Law Firm of Brian P. Murphy, PC, (215) 579-8500, [email protected]
SOURCE The Law Firm of Brian P. Murphy, PC
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