• People

    Advanced Search

  • Services
  • All Services

  • Back to News & Media
    Blog

    Don’t Get Tricked into Hospice Care

    December 20, 2022

     Download as PDF

    As an attorney who focuses on holding long-term care facilities accountable for negligent care and abuse of the sick and elderly, I often represent clients who were placed on palliative care, or hospice services. These cases often involve the failure of the skilled nursing facility to provide adequate care to my clients prior to their passing. Litigation of these cases inevitably leads to presenting my clients surviving children and/or spouse for sworn depositions.

    The attorneys who represent the defendant nursing homes tend to bring up the fact that the resident “was on hospice,” if this was documented in their medical record. In questioning my clients loved ones, they often explore why the survivors decided to place their elderly family member on hospice. The motive behind the move by defense counsel is apparent – they want the surviving daughter or son to feel as if they were the ones who decided to reduce the level of care given to their parent. In other words, they want to plant a seed of blame in the witness’s mind for anything that might have occurred from lack of care, since they “agreed” to less care.

    However, those witnesses often testify that the nursing home explained that putting their parent/spouse on hospice actually causes them to get a higher level of nursing care. When the witness testifies in this manner, defense counsel will often ask, “Didn’t they explain that no curative care is provided in hospice?” My clients agree but insist that the facility employees implied that this results in more individualized attention and therefore, better care.

    Author Ava Kofman, of ProPublica, recently published, Endgame: How the Visionary Hospice Movement Became a For-Profit Hustle. In her article, she confirms how individuals may be pressured into hospice care, as my clients testify, and reveals the dark side of the industry: Patients are promised better care. Admissions coordinators may be given cash bonuses for signing up new hospice patients. Doctors may sign blank forms certifying that individuals they have never examined are eligible for hospice. Patients may be enrolled in hospice care without their knowledge. Administrators may order nurses to intentionally overdose patients that are reaching their limits, to avoid paying the government back for hospice services.

    To be clear, hospice is a viable option for some who have a terminal condition. However, one should fully understand exactly what care will and will not be provided when deciding to switch to palliative care. Anyone who is considering hospice care for themselves or a loved one, should read this article.

    Key Contact

    Denise Mariani, Esq | Nursing Home Abuse Attorney
    609.895.7345

    Firm Highlights

    Bruce H. Stern, Esq. Secures $5.5 Million Settlement for Traumatic Brain Injury Victim

    Stark & Stark is pleased to announce that Shareholder Bruce H. Stern, Esq., Certified Civil Trial Attorney and member of the firm’s Accident...

    “Best Law Firms” 2027 List Issued by Best Lawyers Recognizes Stark & Stark PC

    We are proud to announce that the firm has been included in the 2027 Edition of Best Lawyers “Best Law Firms®” list, earning 11 regional...

    Bruce H. Stern, Esq. Secures $950,000 Settlement for Traumatic Brain Injury Client

    Stark & Stark is pleased to announce that Shareholder Bruce H. Stern, Esq., Certified Civil Trial Attorney and member of the firm's Accident...

    Evan J. Lide, Esq. Secures $2.15 Million Wrongful Death Settlement

    Stark & Stark is pleased to announce that Shareholder Evan J. Lide, Esq. recently secured a $2,150,000 settlement on behalf of the family of a...

    Evan J. Lide, Esq. and J. Robert Bratman, Esq. Secure $1,250,000 Settlement for Injured Bicyclist Hit by Commercial Vehicle

    Stark & Stark is pleased to announce that Shareholders Evan J. Lide, Esq. and J. Robert Bratman, Esq., both Certified Civil Trial Attorneys and...

    Stark & Stark Attorneys Recognized as New Jersey “Super Lawyers” and “Rising Stars” in 2027

    Stark & Stark is pleased to announce that 16 of its attorneys have been selected for inclusion in the list of 2027 New Jersey Super Lawyers,...

    8 Ways to Support a Loved One Living With Dementia

    If someone you love is living with Alzheimer's or another form of dementia, you already know how much the small moments matter. How you greet them,...

    Stark & Stark’s Chinsu Shajan, Esq. Receives Mercer County Bar Association Rising Leader Award

    Stark & Stark is proud to announce that Chinsu Shajan, Esq., a Shareholder in the Firm’s Accident & Personal Injury Group, was honored by...

    Michael H. Foster, Esq. and Stephen M. Di Stefano, Esq. Secure $5.5 Million Settlement for Victim of Motor Vehicle Crash

    Stark & Stark is pleased to announce that Michael H. Foster, Esq. and Stephen M. Di Stefano, Esq., both Certified Civil Trial Attorneys and...

    Stark & Stark Welcomes Nicholas Giaquinto

    Stark & Stark is pleased to welcome Nicholas Giaquinto as a Law Clerk in the firm’s Banking & Financial Services Group and Commercial...

    Stark & Stark Welcomes New Associate Michael Diaz, Esq.

    Stark & Stark is pleased to welcome Michael Diaz, Esq. as a new Associate in the firm's Accident & Personal Injury Group.  Before joining...

    Stark & Stark Welcomes New Associate Alex Miller, Esq.

    Stark & Stark is pleased to welcome Alex Miller, Esq. as a new Associate in the firm's Accident & Personal Injury Group, where he will...