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Nursing
Home Neglect and Abuse is an unfortunate occurrence that has
become widespread. In order to protect our elderly, both state
and federal governments have enacted laws to protect nursing
home residents. Although it mainly affects the elderly who
are sick or infirm, it may happen at any age when a person
is a resident in a nursing home for rehabilitation or custodial
care.
Nursing
Home Neglect and Abuse occurs when the nursing home's care
or treatment of a resident falls below the standard of care
resulting in injury. This may also be known as a violation
of the resident's rights, such as their right to receive adequate
and appropriate health care and protective and support services.
Typical cases of Nursing Home Neglect and Abuse may include:
 INJURY
TO RESIDENT FROM A FALL OR FRACTURE
Commonly,
the result of a fall is a fracture to the resident's hip,
pelvis, femur, skull, elbow, wrist, etc. If there is trauma
to the head, the result may be a concussion, cranial hemorrhage,
paralysis, loss of vision, or death. The nursing home resident
may fall out of bed or during a transfer to the bathroom or
wheelchair. Sometimes a fracture occurs during physical therapy
due to inadequate or improper treatment or care. Usually,
the nursing home resident has an underlying medical condition
(physical or emotional) or medication that weakens their balance
or gait.
A nursing home should initially and periodically assess whether
the resident's condition, or change of condition, has placed
the resident at high risk for falls. Failure by the nursing
home to timely assess the resident's condition may result
in an unnecessary fall and constitute evidence of neglect.
Many times a resident will fall more than once before a serious
injury occurs. If this occurs, the nursing home's failure
to timely implement fall prevention measures into the resident's
plan of care may constitute gross negligence or recklessness.
If the resident is at risk for falling out of bed, the nursing
home should attempt to prevent falls or trauma by putting
up bed rails, placing a soft mattress next to the bed, or
lowering the bed. If the resident is at risk for falls during
transfers to or from the bathroom, wheelchair, or bed, the
nursing home should attempt to prevent falls by providing
one or two person assistance to help the resident during transfers
and utilizing proper call bell techniques. Other fall prevention
measures regarding falls from the wheelchair include a wheel
chair seat belt, an adequate foot rest, a seat cushion, or
a lap buddy.
After
an injury occurs, the failure by the nursing home to provide
reasonable access to emergency medical care may result in
aggravation of the injury and constitute evidence of neglect.
If you or a loved one has a case involving injury from a fall
in a nursing home, then click here
for a free case evaluation by our staff of trained legal professionals.
BED SORE, PRESSURE SORE, OR DECUBITUS ULCER
Commonly
the same, these sores or ulcers are unacceptable and are frequently
the result of the nursing home's failure to assess, prevent,
or treat a resident for breakdown of the skin. There are four
stages of sores or decubitus ulcers: Stage I, Stage II, Stage
III, and Stage IV. Without proper care and treatment, an early
Stage I decubitus ulcer may ultimately progress to a severe
Stage IV ulcer where the surrounding skin and connective tissue
has eroded and the underlying bone is exposed.
These
sores or ulcers are typically seen on the legs, heels, buttocks,
and other bony prominences of the body. With severe skin sores
or ulcers, systemic infection or multi-system organ failure
may develop leading to death. Failure by the nursing home
to provide reasonable and timely access to a doctor or wound
care center for treatment may constitute evidence of neglect.
Failure by the nursing home to implement physician orders
regarding wound care such as medications, ointments, dressings,
and relief of pressure off of the affected area of skin may
constitute evidence of neglect.
A nursing
home should initially and periodically assess whether the
resident's condition, or change of condition, has placed the
resident at high risk for skin breakdown. Failure by the nursing
home to timely assess the resident's condition may result
in the unnecessary development of a sore or decubitus ulcer.
Inadequate resident nutrition, hydration, or hygiene by a
nursing home, or a nursing home's failure to regularly turn
or rotate a bed-ridden resident's position, are all factors
that may contribute to skin breakdown. Many times, there are
hospital photographs that show the degree of skin breakdown
which may be helpful in proving a case of nursing home neglect.
If you
or a loved one has a case involving a bed sore, pressure sore,
or decubitus ulcer from a nursing home, then click
here for a free case evaluation by our staff of trained
legal professionals.
MALNUTRITION OR DEHYDRATION
The
effects of malnutrition or dehydration can lead to serious
complications regarding the health and well being of a
nursing home resident. The nursing home is responsible
to monitor changes in body weight and follow the standard
of care in providing adequate nutrition and hydration to
a resident.
Many
factors can lead to weight loss or dehydration including an
inadequate diet or inability to independently eat, chew, or
swallow. When this occurs, the nursing home needs to react
to implement preventive measures (such as a special diet or
assistance with eating) to prevent further weight loss or
dehydration.
The standard
of care may require that the nursing home monitor the resident's
caloric intake, fluid intake and output, and bowel and bladder
activity. Failure to monitor these parameters may constitute
evidence of neglect. The resident's sodium, potassium, calcium,
albumin, and other electrolyte levels should be also watched
to detect dehydration and malnutrition. As dehydration or
malnutrition progresses, an infection may arise in the bloodstream
referred to as sepsis or septic shock that can be life threatening.
If you
or a loved one has a case involving dehydration or malnutrition
from a nursing home, then click
here for a free case evaluation by our staff of trained
legal professionals.
IMPROPER
HEALTH CARE
Commonly,
this is seen as a failure by the nursing home to follow doctor's
orders regarding medical care and treatment of a resident.
Other instances occur when there is a failure by the nursing
home to notify the physician of a significant change in the
resident's condition (such as a fall), or to provide access
to emergency medical care when necessary. Medication errors
or unnecessary sedation or use of restraints by the nursing
home may also constitute evidence of neglect as improper health
care.
If you
or a loved one has a case involving improper health care by
a nursing home, then click here
for a free case evaluation by our staff of trained legal professionals.
INADEQUATE
SUPERVISION
Broadly
construed, inadequate supervision can overlap with any of
the above categories. In this instance, inadequate supervision
involves a resident with Alzheimer's disease or dementia
who has wandered away from the nursing home resulting in
injury or death. Some residents have a history of wandering
from the nursing home, yet the nursing home continually
fails to provide adequate supervision or implement other
protective measures such as a security alarm or window
lock.
If you
or a loved one has a case involving inadequate supervision
from a nursing home, then click
here for a free case evaluation by our staff of trained
legal professionals.
PHYSICAL ABUSE
Commonly,
physical abuse and/or sexual abuse of a resident is caused
by the intentional act of a nursing home employee or another
resident in the facility. Physical abuse may also occur
when restraints or sedatives are used in an inhumane fashion.
Failure to protect a resident from the physical or sexual
abuse of another person, or from the self infliction of
harm, may constitute evidence of neglect, or recklessness
if there is a pattern or history of behavior that was ignored
by the nursing home.
If you
or a loved one has a case involving physical or sexual abuse
in a nursing home, then click here
for a free case evaluation by our staff of trained legal professionals. |
