Yes, Good Nursing Homes Do Exist!

Good nursing homes do exist.  In fact, there are many dedicated facilities throughout the country dedicated to the compassionate care of the elderly. 

In an era where we are bombarded with horrific descriptions of nursing home abuse and neglect, it was a pleasure to come across Jane Brody's personal accounting of the Miami Jewish Health System-- one of largest nursing homes in Florida. Ms. Brody's article, 'Nursing Homes That Belie the Bad Image' appeared in the New York Times and may be viewed here.

The Miami Jewish Health system is a huge, 20-acre complex in Southern Florida that cares for a variety of young and elderly patients with a diverse range of medical needs.  In fact, the facility is designed to provide such a broad range of medical treatments, that the patients truly never need to leave the facility confines.

Unlike, many 'generalized' nursing homes, Miami Jewish Health Care Systems offers:

  • An acute care hospital
  • Short and long-term skilled nursing care
  • Rehabilitation services
  • A dementia clinic
  • Psychiatric clinic
  • Pain care center
  • Recreational activities
  • Respite care
  • Religious services
  • Assisted living services
  • Hospice care
  • Care for children with cerebral palsy

Although the lack of specializations may appear to be a bad idea, a recent article in the Journal of the American Medical Association concluded that continuity of care- where the same physician oversaw medical care both in and out of a hospital setting; speeded recovery, cut costs and reduced re-admissions to hospitals in the elderly population.

Amazingly, 85% of the patients at the 492-bed-facility, are recipients of the Florida Medicaid program which reimburses the facility $205 per day.  To cover the difference between what Medicaid reimburses and the 'actual cost' of care, the facility raises money through contributions and grants.

Finding A Good Nursing Home In Your Area

Weather you are looking for a nursing home in Florida or across the country, Ms. Brody's article cites some useful advice proposed by Jeanne M. Hannah in her book 'Taking Charge: Good Medical Care for the Elderly and How to Get It".  As the daughter of a victim of nursing home neglect, Ms. Hannah's suggestions are particularly well taken.

  • Investigate Nursing Home Deficiencies: Check to see if the nursing home has violated federal nursing home standards at the Nursing Home Compare Website. (I also suggest checking on the facility via your state's department of health's website as well)
  • Choose Quality Over Location: Avoid the temptation to place a loved one in a facility simply due for convenience sake.
  • Monitor the Care: Be vigilant in checking on your loved one as frequently as possible.  Vary your schedule to make sure they are being cared for even on weekends and holidays.
  • Assist At Meals: One of the best ways to assure your loved one stays healthy is to make sure they eat and drink.  It they need assistance hire an assistant to help them eat.  All Many nursing home patients are susceptible to dehydration and malnutrition.
  • Hire a Geriatric Care Manager: Sure it may seem like a luxury, but if you can not personally look after your loved one, a care manager can act as a patient advocate and liaison between the nursing home and family.  The National Association of Professional Geriatric Care Managers has a searchable directory by location.

Related:

High Staff Turnover Rates Plague Most Nursing Homes

Eden Or A Warehouse? You Choose.

Nurses Admit To Problems At Nursing Homes

A Rosewood Care Center Loses Almost Half Its Staff After Probe Reveals Many Employees Working Illegally

A probe by the U.S. Immigration and Customs Enforcement of the staff at Rosewood Care Center in Northbrook, IL revealed many employees at the Chicagoland nursing home were working at the facility illegally--- without proper paperwork the government requires for aliens to legally work.

Over the course of a three month inspection of worker documents, Customs officials determined that many of the work-documents were missing or expired. 

Not surprisingly, Mike Brady, president of Bravo Care of Northbrook, the management company for Rosewood, says the nursing home not at fault for hiring the workers.  Rather, Brady claims the nursing home was duped by workers who faked or forged documents to get jobs.

After news of the illegal employment was formally disclosed, 51 of the 130 nursing home workers abandoned their positions at the facility.  Consequently, many essential positions at the nursing home were left vacant.

Mr. Brady said not to worry.  "I would say our care being provided in excellent.  We're still operating," he added.

Who can blame these workers? 

Particularly in difficult economic times, I'm sure these people were eager to snatch up these jobs. From the patients perspective, I'm sure that many of them were glad to have these foreign employees caring for them in many unglamorous-- yet extremely necessary positions. 

Given the substantial number of illegal aliens working at this facility, I simply find it hard to believe that the nursing home owners and management are completely innocent in their role in this situation. 

Whoever is responsible for this staffing problem, I certainly hope that the nursing home patients at Rosewood Care Center of Northbrook, do not suffer any adverse effects with the huge turnover of staff. Read more about the staffing problems at this Illinois nursing home here.

Presently, there are 14 Rosewood Care Centers, all located in Illinois and Missouri. Below you will find the locations.

Related:

Hours After Admission To Illinois Nursing Home For 'Respite Care', Resident Fractures Hip

Judge Limits Fines For Poor Nursing Home Care

Why Would Anyone Want To Work In A Nursing Home?

High Staff Turnover Rates Plague Most Nursing Homes

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Health Care Company Rips Off State By Providing Less Skilled Workers To Care For Ventilator Patients

Criminal charges have been filed against Barbara Currin, the owner of Ometta Vent Care Services. The criminal charges come after a patient Currin was responsible for caring for, tipped off state officials she was not receiving the medical care that the state was paying for.  

The tip initiated an investigation by the Minnesota Department of Health and the Minnesota Attorney General.  Both agencies concluded that Ometta was not keeping up its end of the bargain in proving skilled nursing services for vent patients.

According to Attorney General Lori Swanson said, "The nursing facility deprived patients who are very in need of health care of which they were entitled and then number two bilked tax payer of the a lot of money."

State investigators further determined that Ometta was proving poor care to their patients.  A June, 2008 investigation revealed 9 licensing violations relating to inadequate training and supervision.

 

Related:

Staff Must Be Diligent In Order To Avoid Clogged Breathing Tubes Amongst Nursing Home Patients

Nursing Home Fined For Negligent Care Of Resident On Ventilator

Sputum Color As Indicator Of The Quality Of Nursing Care

Nursing Home Spotlight: Exceptional Care, Burbank, IL- Not Living Up To Its Name

The Exceptional Care nursing home is a small 55 bed nursing home located in Burbank, IL. According to the government’s Medicare website, the facility received only one out of five stars, which is a much below average rating. The facility received only two out of five stars for health inspections, which is a below average rating.

Exceptional Care is not living up to its name.  In the past year, the nursing home had five health deficiencies, which is three less than the average number of health deficiencies in Illinois and in the United States. This is down from the twelve health deficiencies in the previous year.

Every nursing home has an obligation to provide a safe and secure facility for its residents and to provide proper care and supervision to achieve and maintain the highest level of well-being for its residents. Nursing homes must meet the Requirements for States and Long Term Care Facilities outlined in 42 CFR Part 483.

According to survey reports, Exceptional Care received violations for failing to:

  • Provide an ongoing program of activities designed to meet the interests and the physical, mental, and psychosocial well-being of each resident
  • Provide or arrange services that meet professional standards of quality

According to survey reports, the facility failed to provide an ongoing program of activities as required under federal law. Many nursing home residents have activity care plans to help treat conditions, especially depression.

Several residents with activity care plans calling for one-on-one programs or group activity were never taken out of their rooms to attend group activity. In addition, the facility did not have adequate activities scheduled on several afternoons. Furthermore, several planned activities never occurred, had very low attendance, or had no staff to resident interaction.

The survey also revealed that the services provided or arranged by the facility did not meet professional standards of quality. Nursing home staff failed to properly administer medications as ordered for several residents and failed to clarify orders to provide proper treatment for residents.

The facility also failed to ensure a medication error rate of less than 5%. During the survey, 45 medication opportunities were observed, with four medication errors, resulting in a medication error rate of 8.88% for four of fourteen residents observed. The facility also failed to ensure that residents are free of any significant medication errors when staff failed to administer an ordered anti-psychotic medication for two weeks to a resident suffering from Bipolar disorder resulting in disruptive behavior.

The facility also failed to thoroughly investigate unwitnessed and unknown injuries for a resident who was found with bruises on multiple areas of the body. Nursing home staff failed to conduct an investigation into the cause of the bruises.

Nursing homes are charged with providing the necessary care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being of its residents. The facility failed to meet this requirement by failing to follow swallow precautions for a resident who was identified with a high risk of choking.

Exceptional Care received only one out of five stars for nursing home staffing. The facility has 37 total residents, compared to the national average of 94.7 and the Illinois average of 103.9. Each resident received 59 minutes of nursing home staff time per day, which is less than the Illinois average (1 hour 12 minutes) and less than the national average (1 hour 24 minutes).

This two-star rated facility has many deficiencies, which might be a troubling sign that nursing home residents might not be receiving the proper care and attention they need and deserve.

Sources:
Medicare website
IDPH website

Related:

When Bruises Can't Speak For Themselves: The Difficulty Proving Abuse Of Disabled Nursing Home Residents 

Who Should Manage Administration Of Medication?

Welcome To The Nursing Home. Let's Begin Our Assessment and Care Planning

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Ambulance Accident Claims The Life Of A Nursing Home Patient After Dialysis Treatment

I was recently emailed a news story involving a 78-year-old patient at Lakeshore Nursing Home in Nashville, TN who died when the ambulance in which she was a passenger, collided with a truck parked on the shoulder of the road.  

The victim identified as Sue Bly, was being transported back to her nursing home in the back of a Rural / Metro ambulance from dialysis treatment.

In addition to the death of Ms. Bly, the ambulance driver also died in the accident.  Apparently, the ambulance driver drove into a Tennessee Department of Transportation (TDOT) truck that was parked on the should of the road.  

As a personal injury lawyer, it would certainly appear that Ms. Bly's family is entitled to bring a wrongful death lawsuit against the ambulance company and/or the TDOT due to keeping an improper lookout or negligently parking the truck.  If evidence proves that both parties were at fault, a jury could apportion damages based on the degree of culpability.

Ambulance Responsibility

Due to the fact that many nursing home patients suffer physical impairments, they are frequently reliant upon ambulance services to transport them to and from appointments outside of their facilities.  These patients should expect that these services with provide them with safe transportation.

Many nursing homes have contracts with private ambulance services that may not adequately train their staff to assist with medical complications encountered by the elderly.  In addition to inadequate training, some private ambulance services use off-duty public fire-fighters or paramedics.  Many times these people are simply over-worked to safely do their jobs.

In addition to driving safely and avoiding accidents, ambulance companies my also be responsible for the following situations commonly involving nursing home patients:

  • Dropping patients
  • Improperly securing patients in beds and wheelchairs
  • Providing wrong medications
  • Sex / physical abuse
  • Failing to provide assistance during transfers to and from bed
  • Failing to monitor patients' vital signs
  • Failing to follow physician orders

If you believe that a family member or friend died or suffered an injury due to negligent care of an ambulance driver or attendant, we would be honored to discuss the matter with you.  All attorney consultations are free kept in the strictest confidence. (888) 424-5757

Related:

Ambulance Stolen From Chicago Nursing Home Results In Multiple Injuries

Transportation In & Out Of Nursing Homes: Ambulance Responsibility. 

Continue Reading

Court Date Set In Illinois Elder Neglect Case

Will County, Illinois Judge Amy-Bertani-Tomczak has set a December 2nd court date for two sisters facing criminal neglect charges relating to the care of their mother.  Prosecutors brought the charges against Bernice Brandon and Elizabeth Williams after a medical examiner determined that their neglect contributed to the death of their mother, Hattie Smith.

According to court documents, the pathologist determined Ms. Smith never received adequate medical treatment for health problems such as bed sores.  "The defendant failed to take Hattie Smith to the doctor or arrange for medical treatment, and such neglect resulted in the death of Hattie Smith." 

Williams remains on the run at this time.  A judge has issued a $25,000 warrant for her arrest. 

Read more about this case of elder neglect here.

Related:

Home Nurse Who Failed To Get Medical Attention For Patient With Severe Bed Sore Now Faces Criminal Charges

Illinois Elder Abuse Trial To Help Define Standard Of Care

Elder Abuse By Home Aides On The Rise

 

 

Chicago Nursing Home Lawyer, Jonathan Rosenfeld, Interviewed Regarding Preventing Patients From Wandering

Nursing home lawyer, Jonathan Rosenfeld, was recently interviewed for an article on preventing patient wandering.  The article 'Prevent Wandering Patient Tragedies' appeared in the on-line edition of Healthcare Technologies Online, can be viewed here.

Wandering Nursing Home Patients

Many nursing home patients with dementia and Alzheimer's are prone to wander from the facility. Once out of the safety of the nursing home, these vulnerable people are particularly susceptible to injury.  

Simple preventative measures implemented by a facility could literally be the difference between life and death for nursing home patients. There is no excuse for a nursing home's failure to keep residents who are prone to wandering from leaving the premises of the facility.

Nursing homes that care for patients who are prone to wander or elope should have the following safeguards in place:

  • Door alarms
  • Window locks
  • Door locks
  • Bracelets that track each resident's location
  • Hire adequate staff to look after residents
  • Have contingent plan in case a resident does wander from the facility

Related:

Alzheimer's Patient Wanders From Texas Nursing Home To Her Death

What Can Nursing Homes Learn From Jails?

Family Sues Florida Nursing Home For Death Of Wandering Resident

Family Claims Nursing Home Failed To Protect Elderly Woman For Brutal Assault At Hands Of Intruder

A nursing home negligence lawsuit has been filed against Brookdale Senior Living Center for failing to protect its patients.   Janice Maier's family brought the lawsuit against Brookdale after she was physically abused by an intruder to the Texas nursing home. 

A police investigation concluded that 25-year-old Daniel Villarreal pushed the back door of the nursing home open and entered Ms. Maier's room and began choking her.  Mr. Villarreal remains in police custody and has been charged with Injury to an Elderly Person, a 1st degree felony.

Ms. Maier is currently in intensive care at University Hospital.  Read more about this brutal attack of a nursing home patient here.

Brookdale Senior Living 

Brookdale is the nation’s largest owner and operator of senior living communities throughout the United States. Currently, Brookdale operates more than 548 senior living and retirement communities across the nation.  More than 50,000 seniors depend on Brookdale for their daily living needs.

Related:

Centenarian Murdered At Nursing Home With Troubled Past

Nursing Home Staff Does Nothing To Stop Known Molester From Assaulting Disabled Woman

Elder Abuse Is Widespread & Under-Reported

No Remorse From Admitted Elder Abuser

Left Untreated, Stomach Aches Can Be Deadly For Elderly Nursing Home Patients

Clostridium difficile (also called C. difficile or C. diff) associated disease (“CDAD”) is a bacterial infection that can cause diarrhea and serious intestinal conditions (such as colitis - inflammation of the colon). CDAD is responsible for about three million cases of diarrhea and colitis annually in the United States.

C. difficile is naturally found in the environment and even in a small number (fewer than 3%) of healthy people’s large intestine. Most people in good health do not usually get sick from C. difficile because of the millions of intestinal bacteria that help protect the body from infection.

When people-- particularly the elderly-- take antibiotics to treat infections (such as floroquinolones, cephalosporins, clindamycin, and penicillins), the antibiotics can kill some of the healthy bacteria along with the bacteria causing the infection. This allows C. difficile to grow out of control leading to a C. difficile infection. 

After a C. difficile infection sets in, it can produce toxins that attack the lining of the intestine, killing cells and causing patches or plaques of inflammatory cells. The toxins can also decay cellular debris inside the colon. 

A more recent strain of C. difficile is even more aggressive, producing much more of the harmful toxins than previous strains. This new strain is also more resistant to medications and has even affected people who have not spent time in the hospital or taken antibiotics. 

Signs and symptoms of mild to moderate CDAD cases:

  • Watery diarrhea three or more times a day for two or more days
  • Mild abdominal cramping and tenderness
  • Low-grade fever

More severe cases of CDAD can cause the colon to become inflamed (colitis) or form patches of raw tissue that can bleed or pus (pseudomembranous colitis). Signs and symptoms of more severe C. difficile cases:

  • Watery diarrhea ten to fifteen times a day
  • Severe abdominal pain and tenderness
  • High fever
  • Blood or pus in stool
  • Nausea
  • Dehydration
  • Loss of appetite
  • Weight loss

CDAD incidence has doubled in recent years and is responsible for about three million cases of diarrhea and colitis annually in the United States. A much higher percentage of people carry the bacteria in nursing homes, hospitals and other healthcare facilities. 

The bacteria are passed through the feces of an infected person and can spread to food, surfaces, and objects when infected people do not wash their hands thoroughly. The bacteria creates spores (nonactive form of the bacteria) can live in a room for weeks or even months; when ingested, they transform into the active, infectious form of the bacteria. 

Most cases occur in healthcare settings because germs are spread easily, there is increased use of antibiotics, and there are people more vulnerable to infection. CDAD commonly affects the elderly, with persons 65 years of age or older being ten times more likely to become infected with C. difficile than younger people. Infections are also more common after antibiotic use.

There are several risk factors for C. difficile infections:

  • Currently taking or having recently taken antibiotics (C. difficile accounts for 15-20% of antibiotic-related diarrhea and most cases of pseudomembranous colitis)
  • Advanced age (65 years of age and older)
  • Recent hospitalization, especially for an extended period of time (10% of hospital patients will develop an infection after a stay of only two days)
  • Living in a nursing home or long-term care facility
  • Serious underlying illness or weakened immune system
  • Abdominal surgery or gastrointestinal procedure
  • Colon disease (IBS or colorectal cancer)
  • Previous C. difficile infections

Dangerous complications can occur with C. difficile infections. These include:

  • Dehydration and electrolyte deficiencies
  • Kidney failure
  • Bowel perforation (hole in the large intestine)
  • Toxic megacolon (colon becomes very distended and can even rupture)
  • Death (mortality rate is 1 to 2.5 percent and is higher in older adults)

There are several tests that can be performed to determine if a person has a C. difficile infection:

  • Stool tests (enzyme immunoassay, PCR, tissue culture assay)
  • Colon examination (flexible sigmoidscopy)
  • Imaging tests (CT scan)

While mild illness caused by CDAD may improve after stopping antibiotics (requiring only correction of dehydration and electrolyte deficiencies), more severe symptoms might require treatment with a different antibiotic (metronidazole for mild to moderate illness and vancomycin for more severe symptoms). Probiotics (organisms such as bacteria and yeast) can be used to help prevent recurrent C. difficile infections. 

In severe cases, surgery might be necessary to remove diseased portions of the colon. Recurrent C. difficile infections occur in about twenty-five percent of people with C. difficile infections. Treatment for recurrent infection includes: antibiotics, Probiotics, and stool transplants to help restore healthy intestinal bacteria. A doctor should be consulted if a person has symptoms lasting more than three days, a fever, severe pain or cramping, blood in the stool, or more than three bowel movements a day. 

C. difficile is considered the most common cause of diarrhea in nursing homes. Because many elderly nursing home patients are more susceptible to C. difficile infections and its accompanying complications, nursing home staff must closely monitor the bowel movements of residents in order to quickly diagnose a possible C. difficile infection. 

Many nursing home residents are already weak or suffer from other illnesses; therefore, it is important that nursing home staff provide proper treatment for diarrhea (fluids and good nutrition) in order to maintain resident health. 

In addition, nursing homes should take extra precautions to prevent the spread of C. difficile through: thorough hand washing, contact precautions (keeping residents with infections separate from healthy residents), thorough cleaning of all surfaces and equipment, and avoiding unnecessary use of antibiotics. 

We have successfully prosecuted cases involving individuals who died due to untreated or undiagnosed C. difficile.  We always welcome the opportunity to speak with you regarding a potential cause of action against a nursing home or hospital.  Our services are always free if there is no recovery for you.  (888) 424-5757

Special thanks to Heather Keil, J.D. for her diligent work researching this important topic.

Sources:

Mayo Clinic: C. difficile

CDC: Clostridium difficile

Geriatric Nursing: Clostridium difficile: An emerging epidemic in nursing homes

Not All Non-Profit Nursing Homes Operate Under With Patients Best Interest In Mind

Many families of nursing home patients have been lead to believe that 'non-profit' facilities provide better care that their 'for profit' peers.  As we recently discussed, studies do generally confirm that non-profit facilities provide superior levels of care.

Nonetheless, if you ever need a reminder that every facility-- regardless of its tax status, must be evaluated on an individual basis, take a look at this article from the Palm Beach Post.

The Post article chronicles how Maxcine Darville, managed benefit herself and her family to the detriment of the patients at her facilities.

As the CEO of the Okeechobee Council on Aging, Darville managed to reel in an annual salary of $404,000-- more than two times the state and federal average for CEO pay at non-profit nursing homes.  Ms. Darville's company operates Glades Health Care Center and The Riverfront Nursing and Rehabilitation Center-- two nursing homes with a poor records for providing quality care to their patients.

Despite obvious safety violations at Darville's facilities, the Post's investigation clearly determined that she has little interest in investing money for facility improvements.  Among the Post's findings:

  • Assistant CEO, Joanne 'Jody' Watson (Darville's daughter) was paid $200,000 plus $23,000 in expenses from two councils in 2007.  In 2008 she received $160,000 for her work.
  • The director of maintenance, Gary Watson (Darville's son) was paid $118,000 in 2007.
  • Darville spent more that $30,000 in personal expenses.  She receives $1,200 per month from her company to board an unnamed 'visiting executive' in her residence.
  • The Okeechobee Council on Aging proudly lists a woman who has been deceased for more than two years.

Medicare's Rating:

Riverfront Nursing and Rehabilitation Center

Glades Health Care Center

Related:

Caring For The Elderly Pays... Especially If You Own The Nursing Home

Does Pulling Medicare Funding From Underperforming Nursing Homes Help Residents?

Nursing Home Rating System Reveals Inferior Care Provided At For-Profit Facilities

Illinois Nursing Home Task Force Holds Public Meeting Today

Today, the Illinois Nursing Home Task Force will hold its second meeting regarding patient safety. The task force will hear testimony from: patients, elder care advocates and senior service providers with the goal of re-evaluating current nursing home policies, improving coordination between state agencies and to consider nursing home alternatives for people with special needs.

The task force was recently formed in response to a Chicago Tribune series of articles chronicling the safety problems in Illinois nursing homes.   The series detailed how many seniors in nursing homes suffer serious injury or death from an un-regulated group of younger patients with psychiatric conditions and criminal records.

The task force is headed by Michael Gelder, an adviser to Governor Pat Quinn.  "All of us have a role to play in ensuring the safety and well-being of nursing home residents, and we urge the public to join us in this critical work," added Gelder.

The meeting will be held today at 10 a.m. in Room 16-503 at the Thompson Center, 100 W. Randolph Street, Chicago.  The meeting will be broadcast on the Internet here.  Lastly, you may leave comments and recommendations regarding Illinois Nursing Homes at the newly formed Nursing Home Safety website.

The group is scheduled to complete a report by January 31, 2010.

Read more about this nursing home meeting here.

Related:

At least 50 Convicted Sex-Offenders Living Freely In Illinois Nursing Homes

Young, Mentally Ill Residents Pose Significant Threat To Nursing Home Residents

Murder At All Faith Pavilion

Autopsy Confirms Man Was Murdered In Chicago Nursing Home

Lawsuit Claims Nursing Home's Failure To Provide Medical Care For Cancer Patient Contributed To Death

The family of Charles Bradley has flied a wrongful death lawsuit against Everett Care & Rehabilitation and the parent company Sunbridge Healthcare Corp. for failing to take any action when the facility became aware that the skin around Mr. Bradley's penis was 'breaking down'.  The lawsuit further alleges the that facility's failure to provide medical attention resulted in the advancement of penile cancer that contributed to Mr. Bradley's death.

According to the allegations in the lawsuit, staff at Everett Care documented the skin around Mr. Bradley's penis was 'breaking down' while changing his diaper in November, 2007.  Despite the staff's awareness of the skin issues, neither Mr. Bradley's physician or family was advised of his deteriorating medical condition.

Five months later and by the time Mr. Bradley's genitals had essentially 'broken down', the staff at Everett sent Mr. Bradley to Providence Medical Center where he was treated for a variety ailments including undiagnosed penile cancer.

An investigation into the matter by officials with the Department of Social and Health revealed that the nursing home violated federal law by failing to contact the physician or family of the new medical condition.

Read more about this wrongful death lawsuit filed against a Washington nursing home here

Despite the seemingly clear violations in terms of failing to timely notify the patient's physician and family of a changing medical condition, I suspect the family may have a difficult time pursuing theory of recovery based on the 'failure to diagnose'.

A lawsuit premised on the failure to diagnose cancer, requires the injured party (or estate of the deceased person) prove that the failure to diagnose and treat the cancer in a timely manner resulted in increased harm or death.  It generally presumed that patients' chances of a successful recovery improve if the cancer is diagnosed as early as possible.  

A common (and fairly effective) defense to a failure to diagnose case is that even with early diagnosis, many forms of cancer have fairly low survival rates-- and the delay in diagnosis is consequently irrelevant.

Nevertheless, in a failure to diagnose cancer case, the plaintiff has the burden of proving the following:

  • That there was a duty to timely diagnose the cancer;
  • The breach of that duty by the physician;
  • Injury  or death to the patient; and
  • That the injury or death was causally related to the physician's breach (i.e., a more advanced stage of cancer was reached than should have been).

Related:

Settlement For Neglected MS Patient With Bedsores

Failure To Clean Trach Tube Leads To Lawsuit

Are nursing home patients protected under federal law?

Home Nurse Who Failed To Get Medical Attention For Patient With Severe Bed Sore Now Faces Criminal Charges

A home-care nurse has been charged with criminal mistreatment after she failed to seek medical attention for an elderly woman with severe bed sores that ultimately claimed her life.  Prosecutors filed the charges against, Virginia Munger after an investigation revealed that although Munger was aware of advanced bed sores (also referred to as: decubitus ulcers, pressure ulcers or pressure sores) for six months, she took no medical intervention.  Munger was employed as a CNA by Homewell Senior Care, a home-care nursing company.

Read more about this case of senior neglect here.

Home Care Services

Many seniors are turning to home-care services as a way of living independently for longer.  Many of these companies offer senior a variety of medical and non-medical services and provide staffing on as 'as needed' basis.  Unlike nursing homes, home-care services are loosely regulated by federal and state officials. 

Officials at home care service companies should conduct an assessment to determine what the patient's needs are and determine if the company can indeed provide those services.  Once the needs are assessed and services are provided, the company should provide supervision of its employees to make sure those services are properly provided and the patient's needs are continually met.

In the case above, the elderly woman's family may have a cause of action against the home service company-- not necessarily for the criminal conduct of its CNA, but for failing to provide adequate supervision.  Additionally, if the company was made aware of the woman's bed sores-- yet failed to take any action they may similarly be liable for her treatment and death.

Related Nursing Homes Abuse Blog Entries

Home Care Nurse Gets Probation For Ignoring Bedsores On Child

Home Care Nurse Has License Suspended In Connection To Death Of Disabled Boy

Bed Sore Resources

Inspection Report Confirms Unsanity Living Conditions In Florida Nursing Home

State investigators have set an October 25th deadline for the Englewood Health Care center to correct conditions deemed to be unsanitary.  During a recent inspection, investigators found mold and leaking water in several patient rooms.  These unsanitary conditions were particularly bothersome to inspectors due to the fact that a substantial portion of the nursing home patients suffered from 'respiratory illness".

 

Woman Beaten At Chicago Nursing Home With Troubled Past

As reported by WBBM 780 Radio, a female patient was punched by another male patient at South Shore Nursing & Rehab on Sunday evening.  Staff at the Chicago nursing home called police after the man allegedly attacked the woman from behind and began punching her in the face.

The woman was treated at nearby Mt. Sinai Hospital for bruising and swelling around her eye. Although the woman was released from Mt. Sinai, it is unknown if she returned to South Shore.

Read more about this violence at a Chicago nursing home here.

About South Shore Nursing & Rehab

South Shore Nursing & rehab Center was rated one out of five stars according to governmental ratings on overall care.  South Shore Nursing & Rehab is a large nursing home with 240 skilled nursing beds. The for-profit facility provides skilled nursing care for patients who have a variety of medical needs including: blood disorders, Alzheimer's, circulatory and respiratory disorders.

Related Nursing Homes Abuse Blog Entries:

Chicago Nursing Homes Not Making The Grade

Blacks Receive Inferior Care At Most Nursing Homes

When Bruises Can't Speak For Themselves: The Difficulty Proving Abuse Of Disabled Nursing Home Residents

Illinois Nursing Homes With Second Quarter 2010 Violations

Bone Fractures In The Elderly Require Special Attention To Improve Recovery & Prevent Complications

Many elderly people suffer broken bones during admissions to nursing homes due to; falls, being dropped, or perhaps improper care from staff.  Regardless how the fracture occurred, a fractured bone in the elderly must be timely identified and treated.

What is a fracture?

A fracture is a broken bone that requires medical attention. Fifty percent of women over age fifty and twenty-five percent of men over age fifty will suffer from an age-related bone fracture sometime in their lifetime.

Elderly people are particularly susceptible to broken bones because as bones age, they lose the ability to resist the formation and growth of cracks that can lead to bone breaks because they cannot withstand as much pressure as younger bones.  Unfortunately, as we age, our bodies ability to heal fractures is compromised.

Nursing home staff can take steps to help maintain bone health in elderly nursing home residents:

  • Regular exercise
  • Adequate amounts of calcium
  • Adequate amounts of vitamin D (essential for calcium absorption)

Osteoporatic Nursing Home Patients and fractures

Elderly nursing home residents who have osteoporosis (porous weak bones) or other conditions that lead to weakened bones or decreased bone density are at risk for bone fractures. Weak bones have low levels of calcium, phosphorous, and other minerals in the bones, which makes people more susceptible to fractures because the bones are more brittle. 

Women suffering from osteoporosis are twice as likely to suffer from bone fractures than men with osteoporosis.  Fractures from osteoporosis are most common in the spine and hips (bones that directly support your weight), and the wrists from bracing. Therefore, nursing home staff should take extra precautions to prevent falls and provide adequate nutrition to maintain the well-being of residents.

Diabetic Nursing Home Patients and fractures

Many nursing home residents also suffer from diabetes. A recent study suggests that there is an association between a drug introduced in the 1990s to help treat type 2 diabetes (thiazolidinediones) and bone fracture. The increased risk of fracture increased as the duration of the drug treatment increased and was observed in both men and women. Therefore, nursing home residents who have been treated with this drug also might have a further increased risk of bone fractures. 

Medical treatment for fractures in the elderly

Treatment for bone fractures depends on the location of the break. For most fractures occurring in the arms, legs, hands, and feet, the initial treatment is splinting the injured limb and immobilizing the joints above and below an injury to prevent movement at the fracture site. Then, the splint is removed and replaced by a cast. 

Some breaks might also require surgery in order to properly align bone fragments, increase stability, and ensure that bones will heal properly. Some fractures might also require metal hardware (pins, plates, or rods) to hold the bones in place. Older adults heal slower than younger people, which can cause additional complications and mobility issues for nursing home residents. 

How we can help

Depending on the circumstances regarding the fractured bones, the medical facility may be responsible for the damages relating to the fracture.  In many cases, we have successfully recovered damages for our clients', medical bills, medical equipment, pain and disability.  If you believe that a nursing home is responsible for your broken bone, we would be honored to speak with you to discuss your legal rights. (888) 424-5757

Resources:

Mayo Clinic: Fractures

Lawrence Berkeley National Laboratory: Why Older People Suffer More Bone Fractures

Science Daily: Risk of Bone Fractures Associated with Use of Diabetes Drug

Related Nursing Homes Abuse Blog Entries:

Nursing Home Staff Must Take Precautions While Moving & Transferring Disabled Patients To Minimize Risk Of Dropping

Fall In Stairwell Results In Paralysis-- And Ultimately Death Of Chicago Nursing Home Resident

Nursing Home Sued After Resident Fractures Both Hips In Separate Falls

Nursing Home Cited For Mistreatment Of Resident Following Investigation Of Resident's Fractured Neck

California Nursing Home Issued Most Severe Citation After Patient Fall And Death

The California Department of Health has issued a "AA" citation and a $90,000 fine to Fallbrook Hospital District Skilled Nursing Facility after a patient fell and subsequently died at the San Diego, CA nursing home.  According to director of public health director, Dr. Mark Horton, a state investigation determined that the facility failed to implement a plan of care to prevent the patient's injury.

The California Department of Heath has the statutory authority to impose fines against nursing facilities it licenses as part of enforcement remedies for poor care. State citations that require a civil monetary penalty be imposed are categorized as Class B, A or AA. The associated fines range from $100 to $1,000 for Class B, $2,000 to $20,000 for Class A and $25,000 to $100,000 for Class AA. The citation class and amount of the fine depend upon the significance and severity of the substantiated violation, as prescribed and defined in California law.

Nursing Home Falls

More than 1,800 people die each year in nursing home falls. All health care professionals in the nursing home setting must work together to help encourage nursing home safety. Nursing homes are required to conduct a fall-risk assessment for every resident to determine who may be at risk for falls. This puts the staff on notice as to who may need special attention and sets forth what accommodations should be in place for each resident.

Additionally, staff should always be on the lookout for residents who may require assistance getting about. If residents have a history of falls, the facility should consider using alarms on chairs or beds to notify the staff when the person attempts to walk on their own.

Falls in nursing homes occur for a variety of reasons. Some of the more common causes for falls are:

  • Muscle weakness and walking or gait problems
  • Hazards in the nursing home- wet floors, poor lighting, improper be heights, improperly maintained wheelchairs, equipment left out of place
  • Medications- Drugs that effect the central nervous system, such as sedatives and anti-anxiety drugs (psychoactive drugs)
  • Improperly fitting shoes or incorrect walking aids
  • Frequent use of restraints
  • Inadequate staffing levels that fail to provide sufficient assistance to residents

Here is is the California Department of Health survey regarding this fall-related incident

Centenarian Murdered At Nursing Home With Troubled Past

Authorities are investigating the strangulation death of a 100 year-old patient at Brandon Woods Long Term Care.  According to early reports, Elizabeth Barrow was strangled by her roommate possibly in retaliation for her receiving 'too many visitors'.  

While we learn more about the specifics of this tragedy, it now appears that this Massachusetts Nursing Home has a poor track record of providing quality patient care.  According to state nursing home surveys Brandon Woods scored in the lowest quarter based on factors relating to: cleanliness, quality and safety.

State inspectors have repeatedly cited, Brandon Woods staff for inadequate care.  For example, in 2009, staff were cited for:

  • Failing to provide immediate treatment to a patient who was having a seizure
  • Providing a patient with an extra dose of unnecessary medication
  • Failing to document patients with dangerous infections
  • Calling a patient a 'pain' because she asked for help too frequently

Is the fact that this Centenarian was murdered at a poorly performing facility a coincidence?

Possibly.  We will probably never know what-- if anything could have been done on the part of the staff to prevent or intervene in this brutal attack, but if the prior threats by the roommate are indeed true, then someone should have taken necessary steps to prevent this matter.  Nevertheless, this incident should be a reminder for all nursing home staff and visitors to take seriously any threats of violence against anyone.

Resource:

Report: Murdered woman’s nursing home got low grade, Boston Herald, October 10, 2009

Son: Slain 100-year-old mom had been subject of threatening remarks from nursing home roommate, Duluth News Tribune

Related Nursing Homes Abuse Blog Entries:

Videotape Confirms Resident Murdered By Peer At North Carolina Facility

Autopsy Confirms Man Was Murdered In Chicago Nursing Home

For Mama's Sake, Sign The Petition To End Nursing Home Abuse.

Poor Training & Under-Staffing Blamed For The Death Of A Nursing Home Patient Who Died From Injuries Sustained After She Was Dropped By A CNA In A Minnesota Facility

A report issued by the Minnesota Department of Heath has cited White Community Hospital and Nursing Home (Minnesota) for errors made by a nursing assistant during the transfer of a patient out of her bed.  

The incident occurred when the CNA attempted to transfer a disabled patient from their bed to a wheelchair using a sling. During the transfer, the patient was dropped.  The patient suffered a broken arm and leg which contributed to their death two days later.

Specifically, the department of Minnesota health report and the facilities own investigators determined that the CNA's errors caused the patient's injuries and subsequent death.  In particular, the CNA  and nursing home failed to:

  • Use two-person lifting technique
  • Properly train staff
  • Develop and follow a comprehensive 'care plan' for the patient

Laura Ackman, the nursing home's CEO called the patient's death, "an unfortunate accident, and we regret it very much."  According to Ackman, the facility took immediate corrective action, including staff training and the purchase of new equipment.

Certainly, from the information we know about this incident, it appears that the family of this nursing home patient would have a strong case against the nursing home should they wish to pursue a wrongful death case against them.  

I applaud the facility for taking corrective measures following this incident. Nonetheless, it sounds as though the root of the problem is related to under-staffing.  

Despite federal regulations that require nursing homes to have certain 'minimum staffing levels', many facilities simply do not have adequate numbers of staff to provide quality care for their patients.  In the situation discussed above, I am certain that a closer examination of the situation would reveal that there simply was inadequate staff around to assist him or her with lifting the patient.

At a minimum, federal law requires nursing homes to have: at least one RN for at least 8 straight hours a day, 7 days a week, and either an RN or LPN/LVN on duty 24 hours per day.

Resource:

N. Minn. nursing home contributed to death of resident, report says, Statrtribune.com, October 9, 2009

Nursing Home Staff Must Take Precautions While Moving & Transferring Disabled Patients To Minimize Risk Of Dropping

Nurses Admit To Problems At Nursing Homes

Minimum Nurse Staffing Ratios

Even Common Falls Put Elderly At Risk For Developing Subdural Hematomas

Frequently undiagnosed and under-appreciated, falls amongst the elderly can frequently result in brain bleeds or technically termed 'subdural hamatoas'.   Because elderly are predisposed to developing subdural hamatomas, staff in nursing homes and hospitals need to be tuned into the symptoms and when to seek additional medical care.

What is a subdural hematoma?

A subdural hematoma is a type of intracranial bleeding (hemorrhage), caused by head injury.  Subdural hematomas occur when blood vessels burst in the space between the brain and the outermost membrane that covers the brain (dura mater).  The collection of blood forms a hematoma, which puts pressure on the brain tissue. 

There are three types of subdural hematomas: acute, sub-acute, and chronic.  Acute subdural hematomas are the most dangerous and are usually caused by a severe head injury.  With sub-acute hematomas, the signs and symptoms take longer to appear (days or weeks).  Chronic hematomas can be caused by less severe head injuries, and symptoms can take weeks to appear because of slower bleeding. 

The following may increase the risk for subdural hematomas:

  • Recurrent falls
  • Repeated head injuries
  • Anticoagulant medication (blood thinners, including aspirin)
  • Old age

The signs and symptoms of a subdural hematoma may take days or weeks to occur after a head injury and can be caused by a relatively minor head injury.  A person may even appear fine after a head injury, which is called the lucid interval.  However, as blood collects, it puts pressure on the brain, producing some or all of the typical symptoms. 

Indicators of a subdural hematoma include:

  • Headache
  • Vomiting
  • Drowsiness and progressive loss of consciousness
  • Dizziness
  • Confusion
  • Pupils of unequal size
  •  Weakness in limbs on one side of body
  • Increased blood pressure

As increasing amounts of blood fills the space between the brain and skull, additional symptoms might arise:

  • Lethargy
  • Seizure
  • Unconsciousness
  • Slurred Speech

Because subdural hematomas can be life-threatening, it is important to seek medical attention if there is loss of consciousness or if the person experiences any of the signs or symptoms.  CT (computerized tomography) scans or MRI (magnetic resonance imaging) scans can be used to provide images of the brain in order to diagnose subdural hematomas. 

Treatment of subdural hematomas depends on the severity of the bleeding.  If the bleeding is minor and there are no signs or symptoms, the hematoma might not need to be removed.  Also, after a head injury, diuretic medications can be used to control brain swelling (edema).  However, if the hematoma requires treatment, surgery is often necessary. 

This might include surgical drainage (a doctor makes a hole in the skull and sucks up the liquid) or a craniotomy (a doctor surgically opens the skull to remove the blood).  After surgery, many patients require anticonvulsant drugs to control or prevent seizures.  And, even after surgery, recovery might be incomplete and amnesia, attention difficulties, anxiety, sleep problems and headaches may occur for an extended period of time. 

Older adults are more likely to suffer from a subdural hematoma as a result of a minor head injury, especially for those taking anticoagulants or anti-platelet agents.  Elderly nursing home residents are particularly at risk for dangerous subdural hematomas because of increased risk of falls, which can cause dangerous head injuries. 

Also, nursing home staff might be unable to properly identify the signs and symptoms of a subdural hematoma because many indicators are also common in many elderly residents because of age or disease, which may lead to a dangerous delay in medical attention. 

Therefore, nursing home staff must closely monitor all residents-- especially following falls or trauma-- and take necessary steps to prevent and report falls, and report changes in behavior that might indicate a dangerous brain injury. 

Sources:

Mayoclinc: Subdural Hematoma

New York Times: Subdural Hematoma

American Heart Association: Anticoagulants and Anti-platelet agents

National Library of Medicine, Medline Plus: Subdural Hematoma

Related Nursing Homes Abuse Blog Entries Regarding Subdural Hematoma:

Fall From Bed Results In Death Of Newly Admitted Nursing Home Patient

Nursing Home Staff Must Take Precautions While Moving & Transferring Disabled Patients To Minimize Risk Of Dropping

How Many Falls Is Enough To Impose Responsibility On Nursing Homes?

A Word To The Wise- Stay Out Of Illinois Nursing Homes

If you've been reading recent Nursing Homes Abuse Blog headlines, this will not come as a surprise, but some of the worst nursing homes in the country are right here in my backyard-- Illinois.

According to a report from the General Accounting Office (GAO), Illinois ranks has some of the worst nursing homes in the country.  After analyzing factors such as: staffing levels, prevention of bed sores (also called: pressure sores, pressure ulcers or decubitus ulcers) and prevention of abuse, the GAO report determined that 47 Illinois Nursing Homes are among the group of facilities categorized as 'most poorly' performing.

The GAO report makes several suggestions to improve nursing home care:

 

 

Expand the federal program monitoring nursing homes. 

Currently, there are 136 nursing homes across the country labeled as Special Focus Facilities (that are subject to increased inspections), the list would be substantially expanded to 580 nursing homes.

Use a national comparison for nursing homes. 

A national comparison of nursing homes would allow authorities to more accurately track troubled facilities-- regardless of their location.  The current system uses a state-by-state comparison that does not accurately reflect states with disproportionally bad nursing homes such as Illinois.

My take

I'm all for making the selection of a nursing home easier for families.  Of course, families will still need to do their homework when selecting facilities for their loved ones, but by identifying these poorly performing facilities, families can at least learn of a facilities troubles before placing a loved one there.

Compared with 'average' nursing homes, patients at poorly performing facilities were 46% more likely to harmed as a result of serious deficiencies compared with their peers at more successful facilities.

For the facilities, hopefully being publicly branded as a 'poorly performing facility' will motivate them to make changes and improve their facilities.

Lastly, it is important to look at the similarities amongst the facilities on 'most poorly' performing list.  These similarities are not mere coincidences.  As more people become aware of these trends they will be able to make better choices in selecting a facility for their loved ones.  Troubled facilities tend to:

  • Be larger, more than 102 patients per nursing home
  • Run as 'for-profit' entities
  • Part of large corporate chains
  • Have lower staffing ratios than their peers

Resources:

Special Focus Facility Initiative and List - updated September 22, 2009

Illinois ranks high on bad nursing home report, Crains, September 29, 2009

Related Nursing Homes Abuse Blog Entries:

The Worst Nursing Homes In America

Extendicare Nursing Home Added To Government 'Watch List' Following Abuse Of Resident 

A Recipe For Danger: Nursing Shortage Could Reach 1M By 2020

Autopsies May Help Families Determine If Their Loved One Was A Victim Of Nursing Home Neglect Or Abuse

Deciding whether to have an autopsy performed on a loved one is indeed a very personal decision for a family to make following a death.  

An autopsy can help a family get answers to not only the cause of death, and in the case of potential nursing home negligence, what-- if any, errors may have been made by a medical facility that may have caused the death.

After reading this news article about how a disabled nursing home patient may have 'choked to death' on his lunch I was reminded by how valuable autopsies can be where a death may occur in a nursing home or hospital setting that is insulated from the public.

What is an autopsy?

An autopsy is a detailed medical examination of the person's body and organs following death to establish the specific cause.  Autopsies are performed by a physician, a pathologist, who is trained to evaluate results from physical examinations and laboratory results from tissue and blood samples to determine the cause of death.

Once the examination and laboratory results have been evaluated, an autopsy report is rendered. The report notes the physical findings and states a cause(s) of death.  Because the report is rendered from an impartial author, it can be particularly useful in a litigation setting.  Similarly, just a the report may be useful in case against a nursing home or hospital, results may also absolve the facility of responsibility if the results do not substantiate poor care. 

In order to secure the most accurate results, most pathologists suggest performing an autopsy 24 to 48-hours after the death of a person.  Depending on where the death occurred  and the circumstances surrounding it, the autopsy may be performed by the state medical examiner or by a physician at a private hospital.

Is an autopsy called for in cases where nursing home neglect may have occurred?

In my opinion, particularly in cases involving the elderly, autopsies can be extremely helpful in rebutting arguments made by facilities who may argue that a death was the result of 'old age' or due to a 'variety complicated medical factors'.

Autopsies can be particularly helpful in the following wrongful death matters:

If you wish to have an autopsy performed on a loved one, you should contact your coroner or local hospital to get information about facilities that can perform one at your request.

Related Nursing Homes Abuse Blog Entries

Autopsy Confirms Man Was Murdered In Chicago Nursing Home

Medical Examiner Rules Tennessee Nursing Home Death A Homicide

Grandson Alleges Poor Nursing Care Results In Bed Sores "You Could Stick Your Fist" In

Bed Sore FAQ: Wrongful Death

Convicted Felon Sexually Assaults Disabled Patient In Virginia Nursing Home

Aggravated battery charges have been filed against 49-year-old Sidney Mitchell, after he allegedly 'touched' a 79-year-old Alzheimer's patient at Emporia Manor Nursing Home.  An employee of the nursing home witnessed Mitchell approach the Alzheimer's patient in a TV-room when he began to inappropriately touch her.

Police were called to the Virginia nursing home immediately after the incident occurred and a warrant was soon issued for Mitchell's arrest.  

According to news reports, Sidney Mitchell is a convicted felon with prior larceny charges.  Mr. Mitchell is scheduled for a preliminary hearing on November 4, 2009.  

My Take:

First of all, why is a 49-year-old living freely amongst elderly patients with Alzheimer's?  Regardless, of Mr. Mitchell's criminal history, it generally is a prescription for trouble when facilities co-mingle patients with significant age disparities at the same facility.

Secondly, why to facilities consistently fail to check public records on their patients?  Sure, reporters are eager to get information on their stories, but isn't a quick check of public records justified especially in a cases of a 49-year-old who is living in a nursing home?

Related Nursing Homes Abuse Blog Entries

Failure To Conduct Adequate Pre-Employment Criminal Background Search Costs Assisted Living Facility $750,000

$29 Million Sought From Nursing Home In Case Involving Molestation Of Comatose Resident

In Wake Of Sexual Assault Of Elderly Woman, Chicago Nursing Home & Administrator Named In Civil Lawsuit

Young, Mentally Ill Residents Pose Significant Threat To Nursing Home Residents

 

How do I get a copy of medical records from a nursing home?

"How do I get a copy of medical records from a nursing home?"

- Rhonda P., Sacramento, CA

One of the most important steps in determining if a cause of action exists against a nursing home or hospital is to review the medical records.  The records will help determine what-- if any-- mistakes were made by the facility in the care of the individual.

Getting medical records from a nursing home, physician or hospital can be a daunting task due to privacy regulations (HIPPA) and misunderstanding of the laws that apply to obtaininging the records-- both on the part of the person requesting the records and on the part of the medical facility.

Nonetheless, federal and state laws ensure patients and their authorized representatives are entitled get copies of medical records when the laws are complied with. This includes the right to inspect and copy the resident’s clinical records and other records regarding the resident’s care and maintenance that are kept by the facility or by the resident’s physician. (Illinois Nursing Home Care Act - 210 ILCS 25/2-104

A resident’s contract with a nursing home facility should designate the name of the resident’s representative, if any, which authorizes the representative to inspect and copy the resident’s records. (210 ILCS 45/2-202) Nursing home residents also have the right to privacy regarding the content of resident records. 

When a nursing home survey is performed at a facility, the Illinois Department of Health will respect resident confidentiality and not disclose the contents of a record in a manner which identifies a resident, except upon a resident’s death to a relative or guardian or under judicial proceedings. Also, any confidential medical, social, personal, or financial information identifying a resident will not be made available for public inspection in a manner which identifies a resident. (210 ILCS 45/2-206

 

In some states, such as Illinois, a nursing home resident has the right to sue the facility in court in order to get his or her medical records. Illinois law provides that every private and public health care facility must allow a patient or patient’s legal representative to examine the health care facility records kept in connection with the treatment of the patient (history, bedside notes, charts, pictures and plates) and make copies of such records. 

A request for copies of the records must be in writing and delivered to the administrator or manager of the health care facility or to the health care practitioner. The person requesting copies will reimburse the facility for all reasonable expenses. The health care facility must respond to a written request within 30 days of the receipt of the written request. If the facility needs more time to comply, the facility must provide the requesting party a written statement of the reasons for the delay and the date by which the requested information will be provided. In any case, the facility must provide the requested information no later than 60 days after receiving the request. (735 ILCS 5/8-2001

Federal law also provides that the resident or the resident’s legal representative has the right to access all records including clinical records within 24 hours and receive photocopies for a standard charge. (42 CFR §483 – Resident’s rights) The resident also has the right to personal privacy and confidentiality of all personal records. As such, the resident may approve or refuse the release of personal and clinical records to any individual outside the facility unless resident is transferred to another health care institution or release is required by law. 

Tips:

  • Do not tell the facility why you are requesting the records
  • Keep copies of all record requests
  • Send the request via a method to confirm the facility has received the request
  • Request the records as soon as you believe you may be interested in getting them
  • If you are an authorized representative, attach a copy of any relevant paperwork granting such authority to do so
  • Always request a complete copy of the chart

Sources:

Illinois Nursing Home Care Act

Your Medical Record Rights in Illinois

Federal Law – 42 CFR §483 – Resident’s rights.

 

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Five Most Popular Nursing Homes Abuse Blog Entries

Last month was our busiest month in terms of visitors to our site.  Thank you for taking the time to visit, ask a question or leave a comment.  Your suggestions allow us to continually improve our site and make the Nursing Homes Abuse Blog an important Internet destination.  Many suggestions have turned into great ideas blog posts.

As always, I make it a point to answer each question personally. 

Below are last month's five most popular entries:

 

Failure To Monitor Bowel Movements In Nursing Home Patients Can Lead To Impacted Bowels

In addition to monitoring food and liquid intake of nursing home patients, staff need to pay attention to the elimination of the wastes.   When urine and feces are not produced on a regular basis, nursing home staff must bring these problems to the attention of physicians.

Study Reveals Nursing Home Patients Chronic Pain Is Not Adequately Controlled

The results from a five-year study addressing the ability of care-givers and family to perceive pain in nursing home patients has revealed both parties fail to accurately assess chronic pain levels. In reaching this conclusion, researchers in the Netherlands studied 174 nursing home patients with and without cognitive impairments.  The study also concluded that family members were better at accurately assessing pain levels in their loved ones compared with nursing home staff.

Smoking-Related Fires Are A Real Threat To Nursing Home Patients. Is It Time To Put Out The Fire?

It only is a matter of time before another nursing home fire claims the life of another patient. While less publicized, hundreds of elderly people receive burns every year during their admission to skilled nursing facilities. Anyway you look at the situation, fires in nursing homes remain a real-- yet under-appreciated threat to nursing home patient safety.

Nursing Home Negligence Lawsuit Claims New York Facility Allowed Advanced Bed Sore To Develop In Rehab Patient

As nursing home lawyers, one of the situations we commonly encounter involve relatively healthy people who enter nursing homes for rehabilitation due to an orthopedic or cardiac conditions--- only to encounter more problems during their admission to a facility.  In some of these situations, nursing home staff wrongfully assume that many of the prevention programs used for more disabled patients are not necessary.

Illinois Nursing Home That Turned 'Blind Eye' To Sexual Assaults Now Faces Fines

The LaSalle County Nursing Home is a medium-sized 99 bed nursing home facility in Ottawa, Illinois.  On June 6, 2009, the Illinois Department of Public Health (“IDPH”) released a report following an investigation, revealing that a male resident at LaSalle County had molested ten female residents.

 

Nursing Home Staff Must Take Precautions While Moving & Transferring Disabled Patients To Minimize Risk Of Dropping

The most dangerous part of the day for many nursing home patients may be getting out of bed in the morning.  When staff fail to supervise or provide proper assistance to nursing home patients during transfers, patients are at risk for falls or being dropped by staff.

Disabled nursing home patients and those with physical limitations must be carefully monitored to avoid injuries while being transferred from one device to another.  Some of the commonly encountered situations where patients are injured include:

  • Bathing: facilities failing to provide assistance or provide specialized bathing equipment including chairs, stands and grips
  • Transfer into and out of bed
  • Failing to take extra-precautions with patients who may have uncontrolled muscle movement: many times these patients require special restraints during transfers
  • Failing to take patient medications into the equation: some commonly prescribed medications can make patients dizzy or cause blood pressure spike or drops when patients are moved
  • Failing to engage locks on wheelchairs
  • Allowing patients to wear socks or improper footwear during transfers
  • Failing to monitor patients with walkers

Although facilities like to claim that these incidents are isolated events, a dropped patient is usually indicative of poor staff training and chronic under-staffing.  Most of these transfer-related incidents occur due to:

  • Poorly trained staff: Some facilities do not properly train staff in how to use equipment
  • Under-staffing: Facilities sometimes to not have enough man power to safely perform transfers as they were intended
  • Wrong equipment: facilities must have the proper equipment for the job
  • Faulty equipment: facilities must keep equipment in proper repair.  This includes getting replacement parts from the manufacturer
  • Failing to provide timely assistance to patients who request it

Cases involving injury or death during transfer are particularly important to investigate as quickly as feasible after the incident in order to preserve the condition of equipment and to obtain statements from witnesses others who may have knowledge of the event.  

If your loved one suffered an injury or died as a result of a fall or being 'dropped' by staff, we would honor the opportunity to speak with you.  Our nursing home litigation team is always available for consultation. (888) 424-5757

Related Nursing Homes Abuse Blog Entries:

Nursing Home Waits 19 Hours To Provide Medical Treatment To Resident Who Fractured Her Hip During Sabina Lift Transfer

Nursing Home Cited For Mistreatment Of Resident Following Investigation Of Resident's Fractured Neck

Faulty Handicapped Lift Blamed For Nursing Home Death

Improper Transfer Leads To Fall & Ultimately Death Of Rehab Patient

Nursing Homes Must Be Prepared To Handle Diabetic Patients

Nursing home residents suffering from diabetes face increased risk for a variety of health problems and complications, requiring additional caution and care.  However, there are no specific guidelines for providing proper care for nursing home residents suffering from diabetes.   Therefore, each facility must carefully determine the unique needs of each patient are successfully accommedated.

As the Baby Boomer generation ages, nursing homes will have to deal with increased numbers of residents and increased numbers of residents suffering from type 2 diabetes.  The 2004 National Nursing Home Survey revealed that 24.6% of nursing home residents had diabetes as a primary admission and/or current diagnosis, and one in four nursing home residents age 65 and older suffer from diabetes. 

A study, Diabetes Care in Extended-Care Facilities: Appropriate intensity of care?, published in the American Diabetes Association Journal, revealed that the care of elderly patients with type 1 insulin dependent and type 2 diabetes in extended care facilities fails to meet ADA Standards of Care. 

While 98% have their blood glucose monitored, only 38% meeting their short-term glucose goals.  While many nursing homes seem capable of regularly monitoring blood sugar, they may lack resources or knowledge for how to deal with the individual needs of diabetic residents.  This is especially true when dealing with elderly residents who might be unable to communicate to staff about low blood glucose levels or other dangerous conditions. 

A study conducted in a New York nursing home revealed that nursing home residents with diabetes are four times more likely to suffer from a dangerous fall than residents who are not diabetic.  This suggests that nursing home staff should consider diabetes as a risk factor for falls and take steps to reduce the risk for diabetic residents.  Diabetes can cause complications including a drop in blood pressure upon standing (orthostatic hypotension) and visual impairments; yet, researchers found that neither of these complications explained the increased risk of falling. 

One potential explanation for the increased risk of falls is that diabetics can experience problems with the peripheral nerves in their feet (peripheral neuropathy), which can affect sensation and cause pain and numbness. 

Peripheral neuropathy can cause additional complications for diabetic residents because they may be less likely to feel when their feet have become injured or are developing a pressure sore because of numbness.  Therefore, it is important for nursing home staff to regularly check the feet of diabetic patients so that minor injuries can be treated before they become infected.  This is especially important because diabetics tend to heal more slowly. 

The slower healing rate of diabetic residents is also concerning for residents who are recovering from pressure sores, injuries, or surgery.  Because of the prolonged recovery period, diabetic residents are more susceptible to infection.  Therefore, nursing home staff must take extra precautions to check on the injury or site that is healing to watch for infection or complications. 

Sources:

Diabetes Health: Nursing Home Care for People With Diabetes A Mixed Bag

MayoClinic: Type 2 Diabetes

CDC: National Nursing Home Survey (NNHS)

The Medical News: Study Shows That Nursing Homes Should Consider Diabetes A Significant Risk Factor For Falling

The Journals of Gerontology: Diabetes Mellitus Is Associated With An Increased Risk Of Falls In Elderly Residents Of A Long-Term Care Facility

Diabetes Care: Diabetes in Nursing Homes: United States 2004

Nursing Homes Abuse Blog: Nursing Homes Not Prepared To Handle Diabetic Residents

About Jonathan Rosenfeld

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Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities.   Jonathan has represented...

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Frequently asked questions on bed sore prevention, treatment and legal rights of those who have been neglected.

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