Nurses Failure To Assist Patient To Toilet Costs Nursing Home Dearly

 

There's been a lot of talk about a recent jury verdict against Hillcrest Nursing Home, a Kentucky facility, after a patient fell while attempting to transfer herself to the toilet-- and there should be, the jury hit the facility with a $7 million dollar verdict.

The incident involved a patient who was 67-years-young, who was admitted to the nursing home for rehabilitation following a knee surgery.  Perhaps due to the woman's youthful appearance, the nurses aide told the woman that she was busy and she could use the toilet herself.  It was during the unassisted transfer to the commode, that the nursing home patient fell and severely injured the surgically repaired leg.  The leg was so severely injured that it had to be amputated following the fall.

However, as a nursing home lawyer, I am drawn to the common fact pattern that forms the basis of the lawsuit as opposed to the end result.  I see many nursing home and hospital patients suffer needless injuries in the bathroom primarily due to two reasons: 1) the staff fails to provide assistance to the patient to get them on to the toilet and 2) the staff leave the patient on the toilet without any supervision.

Of course no one wants to needlessly invade another person's privacy, but when it comes to patients who require assistance, patient safety must trump expectations of privacy. 

Even when relatively healthy patients can seemingly navigate their way from their bed to the bathroom and place themselves on the toilet, staff must strictly adhere to the doctors orders when it comes to assistance.

Much more so than in other areas of medical facilities, I tend to see patients suffer injuries in the bathroom due to:

  • Changes in their blood pressure when getting out of bed or from a wheelchair
  • Lack of stability devices within the bathroom-- guardrails, hand grips
  • Staff slow to respond to patients requests to use the toilet
  • Inadequate staffing levels at facilities to provide the level of patient assistance set forth in a patients care plan
  • Staff that ignore physician orders with respect to assistance when it comes to bathroom use

I guess the moral of all this is that while patient privacy certainly has a place, when it comes to using the restroom, don't be shy about asking for assistance--- you just may need it.

Related:

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

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

Falls In Nursing Homes Are A Serious Threat To The Safety Of Many Patients

Inadequate Training Of Medi-Car Staff Exposes Seniors To Unnecessary Risk During Non-Emergency Transportation

Inadequate Training Of Medi-Car Staff Exposes Seniors To Unnecessary Risk During Non-Emergency Transportation

For many seniors living in nursing homes and independently in their own homes, getting to doctors appointments or social engagements can be difficult-- if not impossible-- without the assistance provided by non-emergency transportation providers.

Medical transport, or Medi-car programs as they are frequently referred to, provide an essential role the physical and emotional well-being of senior and the disabled.  Most Medi-car companies have specially equipped vans to accommodate people in wheelchairs and with other special needs.

The specialized equipment is worthless without properly trained staff.  As lawyers whom have represented many people who received injuries during non-emergency transport, we usually see staff errors as the major culprit for patient injury.

The failure of many Medi-car transport companies to train their staff may result in:

  • Dropped patients
  • Patients injured due to negligent driving
  • Wheelchair lift injuries
  • Patient injury due to the staff's failure to properly secure them in vehicle
  • Patients struck by the medi-car / medi-van
  • Physical abuse of patients
  • Patient injury due to under-staffing or fatigue

Our experience representing the elderly and disabled,has resulted in the successful resolution of many cases involving an injury during Medi-car transport.  If you or loved one was injured during non-emergency medical transportation, we welcome you to speak to our lawyers for a free consultation. (888) 424-5757

Related:

Transportation In & Out Of Nursing Homes: Ambulance Responsibility.

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

Dropping Patients, Failing To Secure Wheelchairs & Dangerous Driving Put Elderly Patients At Risk Of Further Harm During Ambulance Transport

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

Continue Reading...

Falls In Nursing Homes Are A Serious Threat To The Safety Of Many Patients

Given the frequency (approximately 80+% of all nursing nursing home patients will experience a fall this coming year) with which nursing home falls occur, facilities must be on the lookout when it comes to implementing fall prevention techniques in order to improve patient safety.  Too often, the prevention comes too late-- if at all.

Here are our most popular fall-related entries over the past year:

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

Falls are a common problem facing elderly people in and out of nursing homes. By some accounts, every elderly person in America will fall at least one time over the course of the next year. Many of these falls will cause injury and some will even cause death.

In the case of falls occurring in the nursing home setting, many clients and their families focus their attention on tying a specific number of falls to a facilities responsibility. Truth be told, there really is no magic number when it comes to identifying a specific number of falls after which a nursing home or hospital becomes responsible....

Never Event #1: Hospital Falls & Trauma

Falls in trauma top the list of preventable medical conditions in hospitals, accounting for 193,566 incidents in 2007. Falls in hospitals (and similarly in nursing homes) are deemed to be preventable by Medicare because with proper fall/risk assessments and staff assistance most falls in hospital could be avoided. A number of factors should be addressed by a hospital to determine if a person is at risk for falls:...

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

The Minnesota Department of Health released an investigative report concluding a resident of Presbyterian Homes of Arden Hills Nursing Home sustained a broken neck due to a fall or other trauma at the facility. The investigation follows the death of 91-year-old Gladys Gall, a resident at the facility. Despite the fact no federal or state nursing home violations were identified, investigators still determined there was ample circumstantial evidence to conclude the nursing home was at fault in the injury and subsequent death of Gall. On April 18, 2008 Gall was admitted to an emergency room after complaining of head and neck pain. A CT scan confirmed Gall's pain was related to a cervical fracture. On April 28th, Gall died from complications related to the cervical fracture....

What Is Hypostatic Blood Pressure & Why Is There An Associated 'Fall Risk'?

Hypotension (low blood pressure) is a problem for many nursing home residents, causing dizziness and fainting. Blood pressure readings measure the pressure in arteries - systolic pressure (the top number in a reading) measures the pressure the heart generates when pumping blood out to the rest of the body and diastolic pressure (the bottom number in a reading) measures the amount of pressure between heartbeats. A systolic blood pressure of 90 millimeters of mercury or less or a diastolic blood pressure of 60 millimeters of mercury or less is considered low....

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:...

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....

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

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....

Blood Thinning Medications, Such As Coumadin, Pose Substantial Danger To Nursing Home Patients Involved In Falls

Coumadin (generic name - Warfarin), is an anticoagulant (blood thinning medication) that is commonly used to help treat and prevent blood clots that could cause a heart attack, stroke, or pulmonary embolism. This prescription medication works by blocking the creation of certain clotting mechanisms, which prevents blood clots from forming. The goal of warfarin therapy is to decrease the clotting tendency of blood but not to prevent clotting altogether....

If your loved one suffered an injury related to a fall at a hospital or nursing home, the facility may be responsible for their injuries.  You can always call our office to discuss the potential matter, free of charge.  Toll-free across the country (888) 424-5757

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

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

A recently disclosed Minnesota Department of Public Health report concluded the Good Samaritan Society of Albert Lea was guilty of 'neglect' due to its delay in providing medical treatment to a resident who fell during a transfer from her bed to her wheelchair.  The episode took place on November 21st when a worker at the facility improperly used a Sabina lift to move a resident with dementia into a wheelchair.  During the transfer, the resident fell and fractured her hip.

A 'care plan' specifically stated that the resident was to wear shoes or gripper socks during transfers. At the time of the incident, the resident was wearing stockings that "enabled her feet to slip from the base of the lift, causing her to fall onto her right hip," according to the state's investigative report.

The resident involved in the incident suffered a stroke prior to her admission and was unable speak and was dependent on the staff for daily living activities.  Despite the resident's disabilities, six staff at the facility were aware of the resident's fall and the possibility of her injury because she was behaving differently after the episode-- yet no medical attention was provide for more than 19 hours after the fall occurred.

The morning following the incident, the resident was transferred to a hospital where and x-ray confirmed the woman's hip was indeed fractured.  The hip fracture required surgery.

Good Samaritan terminated the employee who was operating the lift and the nurse-supervisor following their own investigation into the matter.  According to the nursing home's own investigation, the employee responsible for the lift also failed to provide 'satisfactory' care to two other residents in the days following the lift incident.

Read more about this nursing home injury during a transfer here.

Transfers In Nursing Homes

A 'transfer' in a nursing home setting generally refers to moving a patient from a bed to a wheelchair. Transfers are usually done two ways: using nursing assistants or mechanically (Hoyer / Sabina lift). The type of transfer depends mainly on the patients physical condition.  If a patient is capable of providing some assistance, a staff lift (one or two person transfer) is generally done.  However, if a patient is paralyzed or suffers from physical disability, the use of a mechanized lift may be required to safely transfer the patient.

The choice of how to transfer a patient from a bed to a wheelchair is up to the facility.  A determination of the type of transfer should be part of the evaluation when a person is admitted to the facility and for quarterly reviews of nursing home patient needs.  It is crucial for the staff at the facility to use the properly predetermined transfer technique or the nursing home resident is at risk to injury. 

If you or a relative sustained an injury during a 'transfer' to wheelchair, walker or toilet, there is a strong likelihood the staff responsible for supervising made an error.  We have handled many similar lift-related injury cases.  Put our experience to work for you.  To speak with our team of nursing home attorneys, call (888) 424-5757.