August 11, 2020

Volume X, Number 224

August 11, 2020

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August 10, 2020

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Problematic Developments in Nursing Homes During the COVID-19 Pandemic

We commend the nurses and medical personnel on the front lines fighting the COVID-19 pandemic. However, as long time advocates for nursing home patients, we are aware of some of the issues developing in already problematic nursing homes. Some of these issues are being revealed by the media.

As most of us know, family members are being foreclosed from contact with their loved ones in nursing homes in order to help prevent the spread of the disease. But some facilities are also keeping the residents’ representatives in the dark as to the condition of the residents when they attempt to inquire by phone or email. In fact, in light of some of these notice issues, the Center for Medicare & Medicaid Services (CMS) issued a memorandum in which they instruct facilities to notify residents and their representatives to keep them up to date on the conditions inside the facility, such as when new cases of COVID-19 occur or when residents and/or staff have symptoms of the disease. 

In addressing the memorandum, CMS Administrator Seema Verma stated, “Today’s action supports CMS’ longstanding commitment to providing transparent and timely information to residents and their families.” Providing this kind of information to families can save lives, since many Americans are now working from home and can provide safer environments for their loved ones.

You can report any issues to the Department of Health and/or the Attorney General’s office which has been charged with investigating these matters that are unfolding.

COPYRIGHT © 2020, STARK & STARKNational Law Review, Volume X, Number 121

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About this Author

Sharri Warfel, Shareholder
Shareholder

Sherri L. Warfel is a Shareholder and trial attorney in Stark & Stark’s Nursing Home Litigation Group. Ms. Warfel concentrates her practice in representing victims of abuse and neglect in nursing homes and other medical facilities. She handles cases involving claims of pressure ulcers, fractures or injuries from preventable falls, infection, abuse, and death. Ms. Warfel also maintains a personal injury practice for clients injured in accidents. She is a seasoned trial attorney and litigator who has settled and tried hundreds of cases in her years of practice.

Sherri's primary...

609-896-9060
 Alex Fajardo, Lawrenceville, New Jersey, litigator, personal injury claims, nursing home malpractice
Associate

Alex J. Fajardo is an Associate in Stark & Stark’s Nursing Home Litigation Group. Mr. Fajardo concentrates his practice on personal injury claims, nursing home malpractice, and litigation with emphasis on wrongful death, catastrophic injury, negligence, and abuse claims arising in nursing homes, assisted-living facilities, psychiatric facilities, hospitals, boarding, and group homes.

Prior to joining Stark & Stark, Mr. Fajardo worked for a personal injury firm in the Princeton area, where he concentrated his practice on nursing home malpractice.

Mr. Fajardo was born in Havana, Cuba. When he was four, his family moved to Weehawken, NJ, where his father started his own plumbing business to support his family of six. Mr. Fajardo’s immigrant experience fuels his dedication to serving clients of all walks of life and his appreciation for a legal system that operates on principles of justice and rule of law.

Mr. Fajardo gives back to the community by serving on the Boards of Las América ASPIRA Academy Charter School in Newark, DE and The Hispanic Family Center of Southern New Jersey, in Camden, NJ. He also provides free consultations to clients of the Hispanic Family Center on a range of issues, including landlord-tenant and contract disputes.

609-895-7359