Determining The Type Of Fracture A Person Has Sustained Can Reveal If Nursing Home Abuse Is Responsible

As we age, our bones become weaker and are more susceptible to dangerous bone breaks. This is because older bones form small cracks more easily, which makes bone breaks more likely. 

In order to prevent dangerous bone breaks-- and to help determine fractures that may be the result from situations involving nursing home abuse-- it is helpful to understand the types of fractures and what causes them. Common types of bone fractures include:

  • Stress fracture
  • Spontaneous fracture
  • Compression fracture
  • Traumatic fracture

Stress Fracture

Stress fractures are actually tiny cracks in bones caused by overuse and repetitive motion. They occur mostly commonly in the lower-legs and feet because these are weight-bearing bones. Stress fractures may be barely noticeable at first, but the swelling and pain will intensity as they worsen. Therefore, it is important to receive proper care and treatment to prevent the stress fracture from becoming more serious. 

As with most bone breaks, osteoporosis or weak bones increases your chance of suffering from painful stress fractures. And, to further complicate matters, a study indicated that some post-menopausal women who take biophosphonate drugs such as Actonel, Boniva, Fosomax, and Reclast might actually have a higher risk for hip fractures. (See “Study Links Commonly Prescribed Osteoporosis Drugs To An Increase in Hip Fractures”) It is important to discuss any new medications with your doctor, who will help you weigh the benefits and risks of drug treatment. 

In a nursing home setting, staff members should be aware of the signs of stress fractures, so a resident’s care plan can be altered to prevent further damage and alleviate pain. Signs and symptoms are swelling and pain, especially in the lower legs and feet. Nursing home staff or doctors use x-rays to diagnose stress fractures. 

Early treatment of stress fractures is important, so the cracks do not worsen. Treatment includes reduced activity until the bone has a chance to heal. However, some stress fractures are harder to heal and are prone to re-injury. Therefore, it is important that nursing home staff monitor the resident’s injury to ensure that proper healing occurs.

Spontaneous Fracture

Spontaneous fractures (also known as compression fractures) are bone breaks that occur without trauma in what seem like normal bones. The spine and hips (bones that directly support your weight) are the bones most likely to be affected by spontaneous fractures. Older bones are more vulnerable to compression fractures because they lack the internal support structures to withstand impacts and pressure. Osteoporosis (weak and brittle bones) is the most common cause of spontaneous fracture. 

A 10% bone mass loss in the vertebrae can double the risk of vertebral fractures and a 10% loss of bone mass can increase your risk of hip fracture (2.5 times greater chance of hip fracture). Hip fractures are one of the most common injuries for elderly people. They usually occur because of a fall and can cause serious and even life-threatening medical complications. 

While walking exercises are often valuable tools to help maintain health (bone health) and promote strength, strenuous walking exercises can contribute to spontaneous hip fractures. Therefore, it is important to personalize individual walking plans for elderly residents according to their bone health, which can be determined by BMD (bone mineral density) tests. 

Hip fractures usually require surgery to realign the bones, often with surgical screws, metal rods, or plates. Then, after surgery the main focus is on controlling pain and preventing infection. The best thing to do after hip surgery is to start moving around as soon as possible. This helps reduce recovery time and prevent dangerous complications such as blood clots, lung congestion, and pressure sores. 

Oftentimes, a walking aid (walker, crutches, or cane) is used in the months following surgery. Physical therapy will help the resident regain their strength and independence. However, many elderly nursing home residents are never as independent as they were before their hip fracture. And, if the resident makes no improvements, physical therapy is often cut short. 

Elderly persons can also suffer from compression fractures in their spine, which occur when the vertebrae (back bones) become so weak that they compress or collapse. Again, osteoporosis is the main cause of vertebral compression fractures. A compression fracture of the spine can cause severe pain and a stooped posture or even a hunchback (kyphosis). While this type of compression fracture will often heal on its own after 8-12 weeks, previous spinal compression fractures increase your chance of suffering from additional compression fractures of the spine. 

Trauma Fracture

Elderly people are susceptible to dangerous falls because of poor balance and coordination, weakness, changes in gait, poor vision, illness, medications that cause sleepiness or dizziness. Over 11 million people over the age of 65 suffer dangerous falls every year. That is an astonishing one out of every three senior citizens. 

Your wrists and hips are the bones most likely to break if you suffer from a fall. Your wrists are susceptible to breaks from bracing yourself with your hands as you fall. And, your hips are more susceptible to breaks because as you age your bones (especially your hips) are less able to withstand impacts, and your hips often receive the brunt of the impact when you fall. 

After an accident or fall, nursing home staff members will examine the injured area to look for bone breaks, cuts, bruising, or other signs of injury. The staff will ask questions and investigate how the injury occurred. This investigation into the cause of the fall is very important to protect the resident and prevent future falls. 

If the resident lost consciousness, this could be a sign of a more serious condition, such as a stroke or heart attack. In the case of a possible bone break, the resident will be treated by a physician who will determine whether x-rays are necessary. The doctor will use a splint or case to immobilize bone breaks that occur on the arms, legs, hands, and feet.  However, as discussed above, hip fractures usually require surgery and post-operative physical therapy to help improve mobility. 

Understanding the significance of each type of fracture

Understanding the different types of bone fractures can help prevent dangerous bone breaks by avoiding dangerous situations and taking preventative measures. Nursing home facilities are required to keep the facility free from accident hazards and take preventive measures to prevent dangerous falls. 

Each resident should have an individual care plan specifically tailored to their strengths and weaknesses in order to provide the best care possible. If you or a loved one suffered a dangerous bone break while a resident at a nursing home facility, you may be entitled to compensation. 

Sources:

Nursing Homes Abuse Blog: Study Links Commonly Prescribed Osteoporosis Drugs to an Increase in Hip Fractures

Merck: Fractures

Amherst Bulletin: When Seniors Fall, Perilous but Preventable

e-Medicine: Lumbar Compression Fracture

Mayo Clinic: Stress Fractures

Journal of Orthopedic Surgery: Strenuous walking exercise and spontaneous fracture of the femoral neck in the elderly

Medicine Net: Fracture

WebMD: Understanding Fractures

Pub Med: Spontaneous fracture – multiple causes

 

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

Nursing Home Patients With Osteopenia May Suffer More Severe Injuries During Falls

Bone health is a serious concern for older adults. As you age, your bones get weaker as they lose their internal support structures. Older, weaker bones are more susceptible to serious bone breaks (fractures) because they have lower levels of important minerals including calcium and phosphorous. 

Osteopenia is a lower than normal peak bone mineral density (BMD). While not as severe as osteoporosis, it does increase your risk for osteoporosis. Bone mineral density is an indicator for how strong and healthy your bones are. BMD peaks in your late 20s to early 30s, after which it starts to decline. If your BMD is between 1.0 and 2.49 standard deviations below the average peak BMD, you suffer from ostenpenia. 

Women have a lower peak BMD than men and menopause causes hormone changes that speed up the loss of bone mass, which increases their risk of developing osteoporosis and osteopenia. In the United States, about 30% of Caucasian postmenopausal women in the United States have osteoporosis, and 54% have osteopenia.

For older adults, proper bone health is not just a matter of maintaining overall health; proper bone health can also affect mobility and independence. It is never too late to take steps to improve or maintain good bone health in order to prevent dangerous fractures. These lifestyle changes include:

  • Receiving proper levels of calcium in your diet (maybe including a calcium supplement combined with vitamin D)
  • Not using tobacco products (they can weaken bones)
  • Not consuming excessive amounts of alcohol
  • Exercising and remaining active (bone forms in response to stress, so weight-bearing exercises are good choices)
  • Taking caution to avoid dangerous bone breaks
  • Getting early treatment for eating disorders (low body weight can increase the risk of hip fracture)

Osteopenia does not have any symptoms, but doctors can diagnose low BMD with a bone density scan. This can help you and your doctor decide if bone strengthening drugs are an appropriate treatment option. Many women who have menopause also have osteopenia. 

Some doctors recommend osteoporosis medicine including Fosamax, Boniva, or hormone therapy right away to prevent further bone loss. However, as with any medication, these drugs have side effects and associated risks. Other doctors recommend that you exercise and take calcium. And, some researchers caution that many younger postmenopausal women are taking drugs that they don’t need because osteopenia is just a risk marker for osteoporosis. 

The World Health Organization developed a tool that helps predict a person’s overall risk of major fracture over the next 10 years by factoring in a variety of risk factors including: age, bone mineral density test results, family history of osteoporosis, use of oral steroids, whether or not you have rheumatoid arthritis, and whether or not you smoke. And, the National Osteoporosis Foundation revised its treatment guidelines as follows: drugs should be considered for postmenopausal women and men age 50 and older who have a 10-year probability of a major osteoporosis-related fracture ≥ 20% or a 10-year probability of hip fracture of ≥ 3%. 

If you or a family member is a nursing home resident it is important to ensure that you are receiving adequate calcium in your diet and proper activity and exercise to promote bone formation. Also, if you have risk factors for osteoporosis, you should have a bone mineral density test performed in order to determine your chances of developing osteoporosis and suffering dangerous bone breaks. Your bones are an important factor in maintaining independence and mobility, and nursing homes should ensure that you maintain proper bone health. If you are worried that a family member not receiving proper nutrition or BMD testing, it is important to talk with the nursing home staff as soon as possible to address the problem. 


Sources:

WebMD: Osteoporosis Health Center - Osteopenia

University of Washington: Department of Radiology – Osteopenia

U.S. News: Health – Grappling with a diagnosis of Osteopenia

Better Bones: Rethinking Osteoporosis

Pub Med: Vitamin K deficiency and osteopenia in elderly women with Alzheimer’s disease

JAMA: Osteopenia and Preventing Fractures

Osteoporosis Puts Nursing Home Patients At A Heightened Risk For Fractures Related To Falls

I have a lot of clients who almost apologically tell me how their loved ones 'brittle bones' are responsible for the extensive nature of their injury .  Sure, their bones may be weakened and brittle, but that is not a defense to a claim against a nursing home or hospital for providing inadequate care.

The law has a long-standing tradition where a defendant (wrongdoing person or facility) takes the plaintiff (injured person) as they find him or her.  In other words, the fact that a person was in a weakened state at the time of their injury really has no bearing on the case, except for the fact that the resulting damages from their poor care may be more extensive for a person in a weakened condition than if the injury occurred to a younger person without such complicating factors.

Without a doubt, complications from brittle bones are one of the most problematic things facing many nursing home patients who suffer a fall at a facility.

What is Osteoporosis?

As you age, your bones get weaker, increasing your risk of osteoporosis (a disease that causes weak, porous bones). This can significantly increase your risk of dangerous bone breaks (fractures). Weak bones are caused by low levels of calcium, phosphorous, and other mineral levels in the bone. This mineral loss causes your bones to become brittle and eventually lose their internal support structures. 

Approximately 44 million people (~ 55% of the U.S. population) in the United States suffer from low bone density and 10 million of those people actually suffer from osteoporosis. About 30% of Caucasian postmenopausal women in the United States have osteoporosis, and 54% have osteopenia (lower than normal bone mineral density). 

Signs and Symptoms of Osteoporosis

Osteoporosis does not usually have any signs or symptoms until it is pretty far advanced. Weakened bones can cause back pain, loss of height over time, a stooped posture, and broken bones. However, you can have osteoporosis for years without symptoms, until you suffer from a serious bone break. Therefore, you should have a doctor perform a bone density test if you are:

  • A woman older than age 65
  • A man older than age 70
  • A person over 50 who has suffered from a broken bone during their lifetime
  • A person who takes medications associated with osteoporosis (prednisone, aromatase inhibitors, or anti-seizure drugs)
  •  A postmenopausal woman (when estrogen levels drop at menopause, bone loss increases dramatically) with at least one osteoporosis risk factor
  • A postmenopausal woman who recently stopped taking hormone therapy
  •  A woman who experienced early menopause

Risk Factors

There are some lifestyle related risk factors you can change to help improve bone strength, including:

  • Low calcium intake
  • Tobacco use
  • Eating disorders
  • Sedentary lifestyle
  • Excessive alcohol consumption
  • Corticosteroid medications

However, there are also risk factors that you cannot change, including:

  • Being a woman  
  • Aging
  • Being of white or Asian decent
  • Family history of osteoporosis
  • Above normal levels of thyroid hormone
  • Medical conditions and procedures that affect bone health (stomach surgery, Crohn’s disease, celiac disease, hyperthyroidism, and Cushing’s disease).

Prevention of Osteoporosis

Your bone mineral density (BMD) peaks when you are in your early 30s and starts declining as you age. Your likelihood of developing osteoporosis depends on how much bone mass you attained in your 20s and early 30s (the more bone mass you have, the less likely you are to develop osteoporosis) and how quickly you lose it. 

Prevention entails accumulating as much bone density as possible during your early life by eating healthy, getting enough calcium, being physical active, not smoking, and maintaining a healthy lifestyle and maintaining those practices during your later years. 

Increased risk of fractures related to falls in patients with Osteoporosis

Older, brittle bones are more vulnerable to serious bone breaks and compression because they lack the internal support structures to withstand impacts and pressure. Even a relatively mild injury can cause bone breaks. And, women suffering from osteoporosis are twice as likely to suffer from bone fractures when compared to men with osteoporosis. Older adults are at increased risk for dangerous falls because of balance problems, weakness, illness, bad vision,

Bone fractures are most common in the spine and hips (bones that directly support your weight), and the wrists (from bracing yourself with your hands as you fall). A 10% bone mass loss in the vertebrae can double the risk of vertebral fractures and a 10% loss of bone mass can cause a 2.5 times greater risk of hip fracture. 

Hip fractures are one of the most common injuries for elderly people. They usually occur because of a fall and can cause serious and even life-threatening medical complications. Elderly persons can also suffer from compression fractures in their spine, which occur when the vertebrae (back bones) become so weak that they compress or collapse. This can cause severe pain and a stooped posture. 

Osteoporotic bone fractures can cause decreased quality of life, severe pain, disability, and reduced mobility. Maintaining mobility is a significant concern as you age and healthy bones can help you maintain your health, safety, mobility, and independence. One of the best things you can do for yourself if take care of your bones at an early age by exercising, receiving adequate levels of calcium, eating a healthy diet, and not smoking. It is never too late to do something about your bone health. 

Therefore, nursing home staff should take steps to improve and maintain the bone health of all residents. Nursing home facilities should encourage safe and appropriate exercise and activity, provide proper nutrition, providing calcium supplements if necessary, and reducing the risk of dangerous falls.  

Fall prevention is one of the most important things nursing homes can do to ensure that residents do not suffer dangerous injuries. Osteoporosis and weak bones are common in many older adults, so preventative measures to protect the entire population is often the most effective tool to reduce complications for residents with osteoporosis. 

Your family member deserves to receive necessary and appropriate care to achieve and maintain their best possible physical health and well-being. Although your family member is older and aging, they still deserve to receive the steps and care necessary to retain their independence, health, and dignity. 

Lastly, should your loved one sustain an injury during an admission to a nursing home or assisted living facility, don't assume that their osteoporosis precludes them from pursuing a claim against the facility.  Rather, the resulting injuries may likely be compensable regardless of their physical condition at the time of the incident.

Resources:

International Osteoporosis Foundation

National Institute of Arthritis and Muscoskeletal and Skin Diseases: Osteoporosis

The Johns Hopkins Arthritis Center: Osteoporosis Information – A Geriatrician’s Perspective

Related Nursing Homes Abuse Blog Entries:

Nursing Home Sued After Resident Fractures Both Hips In Separate Falls

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

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

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

 

'Poor Judgment' To Blame For CNA's Failure To Implement Fall Precautions In Minnesota Nusing Home Death

“When planning for a year, plant corn. When planning for a decade, plant trees. When planning for life, train and educate people.” - Chinese Proverb

At employee at St. Anthony Health Care Center in St. Paul, MN failed to follow these words of wisdom when she failed to follow the fall precautions set for in a patients care plan.  An investigation into the matter, revealed that the nursing home employee's errors contributed to the patient's death. 

A Department of Health investigation into the matter cited the employee for neglect when she made the following errors:

  • Failing to activate a fall alarm
  • Failing to lower the patient's bed to a lower height
  • Failing to put a mat beside the patient's bed to provide padding in cases of falls

The patient fell out of her bed and hit her forehead and sustained a subdural hematoma.  The patient died four days after the incident.

When questioned by Department of Health investigators, the CNA 'admitted she used poor judgment'. Incidentally, the investigation revealed the facility itself was not at fault.

I certainly appreciate this CNA's honesty when it comes to the careless errors she made.  However, I am always frustrated when Heath Department investigators fail to impute responsibility on the part of the facility itself.  I find it hard to believe no other employees witnessed this situation.  Further, it only would have taken another co-worker a few seconds to implement some of the fall precautions had they chosen to check on this patient.

Read more about this case involving neglect in a Minnesota Nursing Home here.

Related Entries:

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

New Technology Promises To Reduce Falls In The Elderly Population

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

Even Common Falls Put Elderly At Risk For Developing Subdural Hematomas

Nursing Home Operators May Be Responsible For Injuries Due To The Negligent Removal Of Snow & Ice

As winter weather sets in, the city is often covered in a blanket of snow and ice. While the slippery weather conditions present a danger to all of us, snow and ice are particularly dangerous for older adults who are already more likely to suffer from a fall and also more likely to suffer bone breaks and injuries.

Nursing home residents rely on the nursing home property owners (nursing home operators and manager) to provide a facility free of dangers that might cause dangerous falls or accidents. This responsibility includes the removal of snow and ice, which creates a serious risk of falling.

In Illinois, according to the Premises Liability Act (740 ILCS 130), owners or occupiers of land owe invitees and licensees a duty of “reasonable care under the circumstances regarding the state of the premises or acts done or omitted on them.” An owner or lessee must provide a reasonably safe means of access to its business. If you bring a premises liability claim, you, the plaintiff, have the burden of proving that your injuries were caused by a condition on the property that was not reasonably safe that the owner knew or should have known of by the exercise of reasonable care.

However, this duty of reasonable care is different in the case of snow and ice on property. In Illinois, absent a contractual obligation, if you are walking down the street and happen to slip and fall on a snow or ice covered sidewalk or parking lot, the property owner owes you no duty to remove the natural accumulation of snow, water, or ice. (Illinois Snow and Ice Removal Act – 745 ILCS 75).

The Act states that it is undesirable for any person to be liable for damages due to his snow removal efforts, unless his actions amount to “clear wrongdoing.” Illinois follows the natural accumulation rule, where a property owner is only liable for a snow or ice related accident only if their alleged misconduct was willful and wanton or there was an unnatural accumulation of snow or ice or a natural condition that is aggravated by the owner. (McBride v. Taxman Corp., 327 Ill.App.3d 992 (1st Dist.2002); Ziencina v. County of Cook, 188 Ill. 2d 1 (1999)).

Natural accumulation is the result of natural weather conditions; whether accumulation is natural or not is oftentimes a difficult factual question. Examples of natural accumulation are: a sidewalk that has not been shoveled, puddles of water inside buildings from melting snow, ice formed by snow being packed down by pedestrians. Unnatural accumulation would be any actions by the property owner that cause snow or ice to accumulate in a specific location. One exception to the natural accumulation rule is if there is a contractual obligation to remove snow or ice; for example, if the property owner or manager has a provision in a lease providing that the owner agrees to remove snow or ice. If this is the case, the owner may be held liable.

Nursing home facilities must provide the necessary care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being of its residents. Part of this responsibility is ensuring that “the resident environment remains as free of accident hazards as is possible” (Requirements for States and Long Term Care Facilities – 42 CFR 483).

Therefore, nursing home operators owe residents a higher level of duty than a regular invitee or licensee, which under premises liability would only require them to exercise ordinary or reasonable care in maintaining the premises in a reasonably safe manner. Nursing home residents are more vulnerable than the regular invitee or licensee, and the degree of care owed is greater in recognition of that vulnerability.

Absent any dangerous winter weather conditions, nursing home residents are already more vulnerable to dangerous slips and falls, which can lead to serious injuries such as broken hips and head injuries. Even minor falls can be dangerous because elderly people are more susceptible to bone fractures than younger people because as bones age, they lose the ability to resist the formation and growth of cracks which can lead to bone breaks. The federal code regulating nursing homes is sensitive to nursing home residents’ vulnerability to falls, even specifying a standard for flooring; “the facility must have floors that have a resilient, nonabrasive, and slip-resistant surface.”

Therefore, nursing home operators must take extra precautions to make the nursing home facility premises safe for elderly residents. This includes installing slip-resistant flooring and removing dangerous snow and ice. Nursing home operators have a contractual duty to make the premises free of accident hazards, including hazards posed by snow and ice.  

Unnatural Accumulation Of Snow & Ice

If the nursing home operator removes snow or ice in a negligent manner or creates an unnatural accumulation of snow or ice, they may be liable for the resident’s injuries.  Similarly, if you are visiting a family member at the nursing home and happen to slip and fall on snow or ice, you may bring an action against the nursing home even though you are not a party to the contract because you are a foreseeable user of the premises.  

If you or a member of your family has suffered a dangerous fall because of dangerous snow or ice accumulation at a nursing home, you have the right to hold the nursing home owner or operator responsible for those injuries. The nursing home is obligated to provide a safe environment for all residents, and that includes an environment free of dangerous snow and ice.

Thanks to Heather Keil, J.D. for her assistance with this Nursing Homes Abuse Blog Entry

Resources:

Illinois General Assembly – Nursing Home Care Act 210 ILCS 45
Illinois General Assembly – Premises Liability Act, 740 ILCS 130
Illinois General Assembly – Snow and Ice Removal Act, 745 ILCS 75

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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

Nursing Home Spotlight: Elmwood Care, Elmwood Park, IL

Elmwood Care is a large 245 bed nursing home located in Elmwood Park, IL, a suburb of Chicago. 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 one out of five stars for health inspections, which is a much below average rating. In the past year, the nursing home had 48 health deficiencies, which is an alarmingly high number of deficiencies. This is 40 more deficiencies than the average number of health deficiencies in Illinois and in the United States. This is also a serious increase in the number of yearly deficiencies, up from the 13 health deficiencies in the previous year and the three health deficiencies two years ago.

The 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.  

Elmwood Care received numerous violations for both quality of care and the facility environment. According to survey reports the facility received violations for failing to:

  • Protect residents from mistreatment, neglect, and/or theft of personal property
  • Keep each resident free from physical restraints, unless needed for medical treatment
  • Give each resident care and services to get or keep the highest quality of life possible
  • Give residents proper treatment to prevent new pressure sores (also called: pressure ulcers, decubitus ulcers or pressure sores) or heal existing pressure sores
  • Make sure that the nursing home area is free of dangers that cause accidents

According to survey reports, Elmwood Care failed to prevent the spread of infection by failing to implement its complete infection control program for residents with infections on two of the three floors in the facility. Nursing home staff members made several errors in technique for the isolation protocol for residents who were in isolation. These errors included allowing visiting family members to use dirty gowns to pick up new clean gowns, lack of running water in isolation room for family and staff to wash their hands, allowing family members to throw away dirty gloves in another resident’s room (which was not an isolation room), and staff members failing to wash their hands before and after entering an isolation room. Preventing the spread of infection in nursing homes is very important because many residents have weakened immune systems due to illness or age.

Nursing home residents have the right to personal privacy and confidentiality of personal and clinical records. During the survey, staff members failed to provide visual privacy for several residents. This included failing to close privacy curtains when providing treatment for residents and also failing to close window shades on windows that could be seen from nearby homes and businesses.

Residents have the right to be free from any physical restraints imposed for the purposes of discipline or convenience, and not required to treat the resident’s medical symptoms. The facility did not meet this requirement by failing to complete the following activities for several residents: assess residents for the medical need for physical restraints, obtain physician’s orders for restraints, create care plans and provide for a reduction of a physical restraint, release the restraint every two hours, and assess alternatives to provide the least restrictive measures. These failures led to one resident developing an injury to his big toe that later developed into a pressure sore from the use of a side rail restraint. This also resulted in the resident needing several restraints at the same time including the use of a chemical restraint. During the survey, the facility was unable to provide an accurate number of residents with physical restraints.

The facility must ensure that all alleged violations involving mistreatment, neglect, or abuse, including injuries of unknown source are immediately reported to the administrator of the facility and to other officials in accordance with State law. This requirement was not met when the facility failed to thoroughly investigate injuries of unknown origin for one resident. In one incident, a resident suffering from Schizophrenia and Dementia was found on the basement floor of the smoking room in the middle of the night. The resident complained of left leg pain and was brought upstairs without being assessed by a nurse before being moved.

After assessment, the resident was sent to a hospital. The nurse notes document that the resident told staff that a tall man had pushed him on the floor. However, there was no investigation or statements of how the resident suffered when the hip fracture. The facility faxed an initial incident report to the state, but failed to conduct an investigation or submit a final report of the investigation to the state.

Elmwood failed to provide housekeeping and maintenance services necessary to maintain a sanitary, orderly, and comfortable interior. The survey revealed odors, unsanitary storage of medical supplies, and failure to maintain a clean, sanitary, and orderly environment. Findings included: dirty shower chairs, food stored in refrigerator with medication, food on activity floor, odor in bathroom, clogged bathroom sink, sewage odor in nursing supply room, no thermometer in freezer, nursing supplies stored on floor of utility room, unclean freezers, dirty feeding tube pump, dark brown stains in some resident bathrooms, urine smell in some resident rooms, cluttered equipment store rooms, and strong urine odor in hallway.

The facility is required to provide residents with the appropriate treatment and services to maintain or improve the residents’ abilities. The facility failed to meet this requirement because it lacked any restorative program, which affected every resident with restorative needs. The lack of restorative nursing program led to a physical decline in the following residents:

  • Resident 1 – lack of positioning devices which led to pressure ulcers.
  • Resident 5 – decrease in range of motion and new pressure ulcers
  • Resident 20 – lack of assessment and devices led to the development of a wound.
  • This lack of proper restorative nursing program also led to a failure to evaluate residents to ensure that the least restrictive physical restraints were used.

The facility must ensure that a resident who enters a facility without pressure sores does not develop pressure sores unless the individual’s clinical condition demonstrates that they were unavoidable. The facility must also ensure that a resident who suffers from pressure sores receives necessary treatment and services to promote healing, prevent infection, and prevent new pressure sores from developing.

Elmwood Care did not meet this requirement as evidenced by its failure to monitor residents at risk for pressure sores, provide devices to prevent the development of pressure sores, provide care and services to residents with pressure sores to prevent the spread of infection and promote healing, and provide education and training to direct care staff in the policy and procedure for wound care. These failures resulted in immediate jeopardy.

The facility must ensure that the resident environment remains free of accident hazards and ensure that each resident receives adequate supervision and assistance devices to prevent accidents. The facility failed to meet this requirement by failing to ensure that residents received adequate supervision to prevent falls and failing to address the increased number of falls per month or the types of interventions being taken to decrease the number of falls.

These failures resulted in a significant number of falls, with one resident’s fall requiring treatment at an Emergency Room for a head injury. These failures resulted in immediate jeopardy. It is important that nursing home staff reduce the chance of accidental falls because elderly nursing home residents are more susceptible to bone fractures and injuries because of weak bones.

Elmwood Care received two out of five stars for nursing home staffing. The facility has 177 total residents, compared to the national average of 94.7 and the Illinois average of 103.9. Each resident received 1 hour 7 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 one-star rated facility had an exceedingly high number of deficiencies over the past year, which calls into question the facility’s ability to provide residents the proper care and services to achieve the best possible physical and mental health of its residents.

If you have a friend or family member who has sustained in injury during an admission to Elmwood Care or any other skilled nursing facility, we would be honored to speak with you about the circumstances.  All consultations are confidential and free of charge. (888) 424-5757

Sources:

Medicare website

IDPH website

Related:

Third Quarter Illinois Nursing Home Violators

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

Pressure Ulcer Treatment: Surgical Debridement

Investigations May Not Always Hold The Answers To How A Nursing Home Injury Or Death Occurred

Like many families, Kenneth Gall sought a sense of closure with respect the circumstances surrounding his mother's death after she sustained an injury during her admission to Presbyterian Homes of Arden Hills.  Unfortunately, more than a year after his mother's death, questions still remain as to the facilities role in the matter-- and how a disabled, primarily bed-bound-woman managed to fracture her neck while admitted to a nursing home.

Was it due to a fall?  Was the fracture related to violence?  Did Mrs. Gall get entangled in a bed rail?

What is known is that 91-year-old Gladys Gall died about two weeks following an incident in which she sustained a unusual type of fracture in her neck called a hangman's fracture and died from complications shortly thereafter.  

The circumstances surrounding Mrs. Gall's death were investigated by the Minnesota Office of Health Facility Complaints (OHFC) and a determination was made by the agency that the incident was due to mistreatment.  The state even consulted with a neurosurgeon who opined that the nature of Mrs. Gall's injury could only be caused from severe trauma.

Now however, after the nursing home appealed the states findings and presented evidence from their own investigation, the state has changed its findings relating to improper care from 'substantiated' to 'inconclusive'.

The role of state investigations into injury or death in a nursing home

Most states have agencies (usually associated with their health department) to investigate suspected mistreatment of patients in a nursing home.  Investigators can quickly access the patient's chart and interview employees and other patients who may have knowledge of the incident.  While certainly not always perfect, the investigations typically provide much sought after information to families asking 'how' and 'why' an incident occurred.

In most jurisdictions, the state investigative findings and the reports generated are not admissible in court proceedings related to a nursing home negligence lawsuit.  Nonetheless, the information contained within the investigative report can be invaluable in the course of litigation.

In the case of Mrs. Galls death, I humbly suggest to her family to seek out an experienced lawyer to prosecute this matter and give them more information relating to the circumstances of their loved ones death.

Read more about this suspicious death in a Minnesota nursing home here.

Related:

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

Falls Amongst The Elderly Can't Be Ignored

Nursing Home Watchdogs: Ombudsmen

Nursing Home Inspectors Miss Major Problems

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.

Complications related to diet

Certain foods and drinks can impair the effect of warfarin.  If you are taking warfarin, you should be consistent in your dietary intake of vitamin K because large amounts of vitamin K can counteract the benefits of warfarin.  The recommended daily allowance for men is 120 micrograms of vitamin K, and for adult women, it is 90 micrograms.  Drinks containing large amounts of vitamin K (green tea) should be avoided. 

Other beverages (cranberry juice, alcohol) can increase the effect of warfarin, causing bleeding problems.  Patients on warfarin should eat a relatively similar amount of foods with high levels of vitamin K on a regular basis (kale, broccoli, spinach, collard greens, Brussels sprouts, and cabbage).

Complications related to falls

A major complication associated with warfarin treatment is bleeding due to excessive anticoagulation.  Excessive bleeding can occur from any area of the body.  Studies suggest that elderly patients on warfarin, especially those over age 80, have an increased risk of bleeding compared to younger patients on warfarin (the rate of major hemorrhage on warfarin was higher than previously reported because the rates were derived from younger patients on warfarin). 

Another study also revealed that there is an increasing incidence of anticoagulant-associated intracerebral hemorrhage that is associated with increasing warfarin use.  Patients taking warfarin should report any falls or accidents and signs of bruising or bleeding.  Because of the associated risks, high dose or long-term treatment with Warfarin is only recommended for people who are at a high risk of developing blood clots that could cause a heart attack, stroke, or pulmonary embolism.    

Because elderly patients on warfarin may have a higher risk of bleeding, nursing home residents on warfarin should be closely monitored for signs of unusual bleeding including bleeding from the gums, blood in the urine, bloody or dark stool, a nosebleed, or vomiting blood. 

Consequently, nursing home staff must track of patients who take Coumadin and closely monitor them for any evidence of uncontrolled bleeding.  Staff must pay particular attention to patients after a fall to avoid complications related to both internal and external bleeding.  Additionally, staff should alert the patients physician for additional directives.

Thanks to Heather Kiel, J.D. for her assistance with this entry.

Resources:

Clot Care: Bleeding rates are higher in those over 80 years old when started on warfarin 

American Heart Association Journals: Circulation: Major hemorrhage and tolerability of warfarin in the first year of therapy among elderly patients with atrial fibrillation

Mayo Clinic: Warfarin side effects: Watch for dangerous interactions

Neurology: The increasing incidence of anticoagulant-associated intracerebral hemorrhage

New Technology Promises To Reduce Falls In The Elderly Population

There's no doubt about it, falls in the elderly population are a major cause of injury and even death.  The New York Times, ran an encouraging article that by incorporating relatively simple (and inexpensive technology) the number of falls can be reduced.

Using wireless sensors on clothes and strategically placed within rooms, scientists can monitor many different aspects that may be responsible for causing falls including: cardiovascular weakness, changes in medication, early stages of dementia and muscle degeneration.

The data from the sensors can be sent to a person's doctor to help in monitoring overall health and their likelihood of falling with the goal of taking interventional steps before a fall occurs.

The technology seems to work.  According to a recent study sponsored by the Technology Research for Independent Living, fall rates in a sample group of 60 to 94-year-olds were reduced by 30% when doctors used the sensor data to customize a rehabilitation and medication plan in accordance following data analysis.

With an annual cost of more than $75 billion per year, this fall-sensor technology may be a great investment for insurance companies and long-term care facilities because each unit costs less than $200-- certainly less than a trip to the emergency room or surgically repairing a hip fracture.

Obviously, more research needs to be done, but this technology seems to be very encouraging from both a quality of life and economic standpoint. 

Facts About Nursing Home Falls

  • About 1800 people die each year due to falls in nursing homes
  • 10 to 20% of nursing home falls result in serious injury
  • 2 - 6% of falls result in fractured bones
  • 3 out of 4 people living in a nursing home will fall this year
  • Most people are 'repetitive fallers'- After a first fall, there is a substantial likelihood that you will fall again
  • Most falls go unreported

Strellis & Field represents individuals and families in claims and lawsuits against nursing homes and long-term care facilities across the country.   If your loved one has suffered an injury or died in a fall, we are always available to discuss your legal options. (888) 424-5757

Related:

Fall In Nursing Home Claims The Life Patient-- Less Than 24-Hours After Admission

Even Common Falls Put Elderly At Risk For Developing Subdural Hematomas

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

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

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

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 for errors made by a nursing assistant during the transfer of a patient.  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 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?

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

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

I've noticed a trend amongst many nursing home negligence cases-- injuries occur at a disproportionately high rate within the initial admission period.  The most reasonable explanation for the heightened rate of injuries in during the initial admission period is most likely related with both the facilities unfamiliarity with the patient and vice versa. 

Nonetheless, a facility that claims they were 'simply unfamiliar' with a patient is probably a poor defense if a negligence claim were pursued.  Even before a care plan is developed, nursing homes must take reasonable steps to provide the highest feasible level of care for their new patients.  

In order to facilitate a smooth and safe transition to the nursing home, caregivers and family should make the needs of their loved ones known to the staff at the facility.  Providing the following information can be a valuable part of a transition:

  • Provide staff with realistic assessment of the individual of assistance
  • Let staff know about a sleeping and eating schedule
  • Provide the facility with a list of all medications
  • Provide staff with contact information for all physicians
  • Let facility know of specific health concerns

Along the lines of injuries shortly after an admission, on June 13, 2009, a resident fell out of bed and later died at Fejervary Health Care Center in Davenport, Iowa.  This fall occurred within 24 hours of the resident being admitted to the nursing home. 

Fejervary Health Care Center has a history of problems and has been fined several times by the Iowa Department of Inspections and Appeals. Last year, the nursing home was fined $7,500 for failing to ensure that each resident received adequate supervision to ensure against hazards from self, others, or environmental elements, and allowing a resident who was an elopement risk to elope from the facility. 

According to the government’s Medicare website, the facility received one out of five stars, which is a much below average rating.  In the past year, the nursing home had sixteen health deficiencies, which is eight more than the average number of health deficiencies in both Iowa and in the United States.  Also, the number of health deficiencies in the past year is twice the number of deficiencies in the previous year. 

Following the June 13 fall and death of the resident, the Iowa Department of Inspections and Appeals conducted a complaint inspection on June 29, resulting in a $6,000 fine.  The inspection concluded that the nursing home facility failed to provide accurate assessments and timely intervention for a resident who experienced a fall and had a change in condition. 

The resident was admitted to the nursing home on June 12 at 12:10 pm.  During the initial interview with nursing home staff, both the resident and the resident’s spouse informed the staff that the resident had a recent history of falls at home.  Nursing home staff established an individual care plan to help prevent falls.  The plan included reminding the resident to use the call light, a bed alarm, and a body alarm.  At 9:00 pm that night, the resident’s alarm sounded as the resident tried to get out of bed unassisted.

Then, in the early hours of June 13, an alarm was sounded and nursing home staff found the resident on the floor, wet with urine.  The staff member who responded noted a skin tear on the back of the resident’s hand.  After applying a dressing to the resident’s hand, the resident was helped back into bed and was under constant supervision for the rest of the shift.

In an interview with the Iowa Department of Inspections and Appeals, nursing home staff reported that the resident had fallen head first and hit their head.  However, the staff member did not tell the nurse that the resident had hit their head.  The staff members asked the resident whether the resident was hurt and checked mobility.  The staff did not check the resident’s pupils or perform neurological checks and could not remember whether the resident had been asked about whether the resident had hit their head.  Staff members did check the resident’s vitals, but only at the time of the fall.

Following the fall, the nursing home staff failed to inform the resident’s physician that the resident had suffered from a fall, even though the staff frequently contacted him for issues much less severe than a fall. 

The staff reported that the resident seemed fine going about the day’s activities (eating breakfast, taking medication, talking with other residents, and using the restroom).  Later that morning, the resident complained of hip pain and was given pain medication without an assessment.  Shortly thereafter, the resident’s family members noted that the resident became agitated and complained of a headache.  The resident then became unresponsive and was taken to the emergency room. 

The doctor stated that the resident might not have been able to be saved even if the resident’s physician had been contacted at the time of the fall; however, the physician did not even have a chance to try to save the resident’s life since he was not contacted. 

The hospital’s clinical summary documented the discharge diagnosis - severe subdural hematoma (bleeding in the brain), fever, hyponatremia (low sodium level in the blood), and microcytic anemia.

The nursing home had an obligation to report any change in condition to the resident’s physician in order to help prevent further injury and even death as was the case here. In addition, the nursing home staff is responsible for providing accurate assessments of resident health, especially after a fall so proper care and treatment can be provided. 

Sources:

Quad-City Times – Nursing Home Fined After Resident’s Death

Iowa Department of Inspections and Appeals – Fejervary Health Care Center

Iowa Department of Inspections and Appeals – 6/29/09 Inspection Report

Medicare – Fejervary Health Care Center

Related Nursing Homes Abuse Blog Entries:

Nursing Home Falls

Assisted Living Fall Leads To Wrongful Death Lawsuit

Lexington Care Center Named As Defendant In Case Involving Multiple Falls

Fall In Nursing Home Claims The Life Patient-- Less Than 24-Hours After Admission

On June 13, 2009, a nursing home patient fell out of bed and died at Fejervary Health Care Center in Davenport, Iowa.  This fall occurred within 24 hours of the resident being admitted to the nursing home.

This was not an isolated event at Fejervary.  Fejervary Health Care Center has a history of safety problems and has been fined several times by the Iowa Department of Inspections and Appeals.

Last year, the nursing home was fined $7,500 for failing to ensure that each resident received adequate supervision to ensure against hazards from self, others, or environmental elements, and allowing a resident who was an elopement risk to elope from the facility

According to the government’s Medicare website, the facility received one out of five stars, which is a much below average rating.  In the past year, the nursing home had sixteen health deficiencies, which is eight more than the average number of health deficiencies in both Iowa and in the United States.  Also, the number of health deficiencies in the past year is twice the number of deficiencies in the previous year. 

Following the June 13th fall and death of the resident, the Iowa Department of Inspections and Appeals conducted a complaint inspection on June 29, resulting in a $6,000 fine.  The inspection concluded that the nursing home facility failed to provide accurate assessments and timely intervention for a resident who experienced a fall and had a change in condition. 

The resident was admitted to the nursing home on June 12 at 12:10 pm.  During the initial interview with nursing home staff, both the resident and the resident’s spouse informed the staff that the resident had a recent history of falls at home.  Nursing home staff established an individual care plan to help prevent falls.  The plan included reminding the resident to use the call light, a bed alarm, and a body alarm.  At 9:00 pm that night, the resident’s alarm sounded as the resident tried to get out of bed unassisted.

Then, in the early hours of June 13th, an alarm was sounded and nursing home staff found the resident on the floor, wet with urine.  The staff member who responded noted a skin tear on the back of the resident’s hand.  After applying a dressing to the resident’s hand, the resident was helped back into bed and was under constant supervision for the rest of the shift.

In an interview with the Iowa Department of Inspections and Appeals, nursing home staff reported that the resident had fallen head first and hit their head.  However, the staff member did not tell the nurse that the resident had hit their head.  The staff members asked the resident whether the resident was hurt and checked mobility.  The staff did not check the resident’s pupils or perform neurological checks and could not remember whether the resident had been asked about whether the resident had hit their head.  Staff members did check the resident’s vitals, but only at the time of the fall.

Following the fall, the nursing home staff failed to inform the resident’s physician that the resident had suffered from a fall, even though the staff frequently contacted him for issues much less severe than a fall. 

The staff reported that the resident seemed fine going about the day’s activities (eating breakfast, taking medication, talking with other residents, and using the restroom).  Later that morning, the resident complained of hip pain and was given pain medication without an assessment.  Shortly thereafter, the resident’s family members noted that the resident became agitated and complained of a headache.  The resident then became unresponsive and was taken to the emergency room. 

The doctor stated that the resident might not have been able to be saved even if the resident’s physician had been contacted at the time of the fall; however, the physician did not even have a chance to try to save the resident’s life since he was not contacted. 

The hospital’s clinical summary documented the discharge diagnosis - severe subdural hematoma (bleeding in the brain), fever, hyponatremia (low sodium level in the blood), and microcytic anemia.

The nursing home had an obligation to report any change in condition to the resident’s physician in order to help prevent further injury and even death as was the case here. In addition, the nursing home staff is responsible for providing accurate assessments of resident health, especially after a fall so proper care and treatment can be provided. 

Sources:

Quad-City Times – Nursing Home Fined After Resident’s Death

Iowa Department of Inspections and Appeals – Fejervary Health Care Center

Iowa Department of Inspections and Appeals – 6/29/09 Inspection Report

Medicare – Fejervary Health Care Center

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

 

Too we look to environmental causes of falls....cluttered hallways...improperly footwear...yet in many fall-related situations the real 'cause' of the fall lies within the person herself...


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.

Orthostatic hypotension
, also known as postural hypotension, occurs when a person’s blood pressure drops after changing position from lying down or sitting to standing as blood pools in the legs leaving less blood to circulate back to the heart. In the elderly, orthostatic hypotension can be caused by changes in blood pressure regulation due to aging, dehydration, and certain medications.

Common causes of orthostatic hypotension include dehydration, medications, heart problems, diabetes, and nervous system disorders; all of which are common in the elderly. Dehydration can occur easily in nursing homes because of sickness or inadequate care. Also, many drugs commonly prescribed to the elderly including diuretics, high blood pressure medication, heart medication, and drugs to treat Parkinson’s disease can all cause orthostatic hypotension.

Orthostatic hypotension is more common in older adults, with over 15% of persons 65 and older suffering from it. In addition, about 50% of elderly nursing home residents suffer from orthostatic hypotension. Elderly patients, especially those who are heavily medicated or have prolonged bed rest, are especially at risk. Nursing home patients are also at risk for dehydration if they do not receive adequate care.

Orthostatic hypotension can cause dizziness, light-headedness, blurry vision, nausea, and fainting, which can cause dangerous falls. Elderly persons are particularly vulnerable to falls because of weak bones and complications from other health problems. Orthostatic hypotension can also cause strokes due to the changes in blood pressure and mental impairment because of brain damage.

Elderly nursing home patients should be properly diagnosed by a physician because not all dizziness is caused by orthostatic hypotension. If properly diagnosed, extra care can be taken with patients to prevent dangerous falls. Nursing home staff should take added precautions in the morning, when residents are first getting out of bed because that is when they are most at risk for a drop in blood pressure. The staff should also ensure that elderly residents are adequately hydrated, avoid hot weather, stand slowly, increase salt intake, and even apply compression stockings to help reduce symptoms. These simple steps can make the difference between a healthy and safe nursing home resident and one injured by a severe fall.

If your loved one suffered a nursing-home-related-fall and are looking for an explanation, one of the fist areas that should be analyzed is to see what medications the individual was taking.  Nursing home staff has a duty to do an assessment of all residents-- including a medication review--- to determine their 'risk' of falling.  A failure to do such an assessment-- or if it was improperly conducted opens the facility to potential fall-related liability.

Sources:
MayoClinic.com – Hypotension
MayoClinic.com – Orthostatic hypotension
Merck – Orthostatic Hypotension

Thanks to Heather Keil, J.D. for her assistance with this article.

 

Two Falls Within 24-Hours At California Nursing Home Cost Patient His Life

Two falls within a 24-hour period resulted in the death of a California nursing home patient.  The incident involved a patient was was recently admitted to the facility for rehabilitation following hip surgery.  The falls took place on May 9th and 10th at Aviara Healthcare Center in Encinitas, CA. 

After the first fall (that did not cause any injury), the staff put a bed alarm on the patients bed to alert the staff if he got out of the bed. Despite the bed alarm, staff at the nursing home failed take notice when the man got out of his bed and entered the nearby hallway.   In an effort to stabilize himself, the man grabbed on to a lift that was parked in the hallway and it fell on top of him resulting in multiple trauma.  Three days later, the man died from his injuries.

An investigation into the matter revealed that the facility should have never allowed the lift machine to remain in the hallway it posed a risk to residents due to its propensity to fall.  Investigators also determined that the facility failed to have proper guardrails that may have further contributed to the man's death.

The facility was fines $100,000 for this incident.  Read more about the fines related to this California nursing home here.

The importance of investigations by state agencies

One of the things that jumped in my head after learning abut this fall incident was how valuable inspections by state agencies are.  Inspectors have access to facilities where they can do a physical inspection of the equipment involved in an alleged incident-- but perhaps most importantly is that they have access to nursing home employees and administrators who have knowledge of an incident-- these people have no choice but to speak with these investigators.

In nursing home litigation cases, these inspections frequently provide the necessary information to successfully prosecute a case.  In most situations, by the time a nursing home negligence lawsuit is filed, the employees involved in an event have long since left the facility and it is difficult-- if not downright impossible to find them.  In the case of a disabled to deceased plaintiff, the testimony is essential to prove the case.

All this is to reinforce the importance of notifying the state department of health immediately upon learning of an event where a loved one was injured or killed.  A timely investigation by state authorities can mean the difference between a successful prosecution of a matter and an 'unfortunate tragedy'.

Related Nursing Homes Abuse Blog Entries

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

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

Never Event #1: Hospital Falls & Trauma

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

The family of a Chicago nursing home resident has filed a wrongful death lawsuit against Sacred Heart Nursing Home in connection to a fall at the facility.  The lawsuit asserts that Sacred Heart failed to supervise the nursing home patient with bipolar disorder, schizophrenia and a propensity to fall.

The woman left her room without the knowledge of the nursing home staff and fell down a stairwell at the facility resulting in fractures to her back, closed head injuries and paralysis.  Eight months after sustaining the injuries, the woman died. 

The lawsuit is pending in Cook County, Illinois.  Read more about this nursing home lawsuit here.

Falls In Nursing Homes

Nursing homes have a non-delegable duty to conduct an assessment of a nursing home residents regarding their fall risk when the individual is admitted to the facility and re-assessment during their stay.  Although the nursing homes can not be held responsible for all falls in their facilities, nursing homes should be mindful of the following conditions that increase the likelihood of falls:

  • Vision problems, individuals inability to perceive light, glare levels and depth perception may result in their inability to identify fall risks
  • Cognitive impairment
  • Memory problems
  • Weakness in lower and upper extremities
  • Bladder dysfunction
  • Gait and imbalance problems

Irrespective of an individuals fall-risk assessment, nursing home staff should properly monitor residents to insure their well being and monitor dangerous areas such as: stairwells, bathrooms, kitchens and medical areas. 

Related Posts

Nursing Home Sued After Resident Fractures Both Hips In Separate Falls

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

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

Nursing Home Sued After Resident Fractures Both Hips In Separate Falls

A nursing home negligence lawsuit has been filed against Stearns Nursing and Rehabilitation Center after a 95-year-old resident fell on multiple occasions and suffered hip fractures. The lawsuit alleges that the facility failed to implement fall precautions despite the fact the facility knew the resident suffered from Alzheimer's, was generally confused and considered to be a 'high fall risk'.

The lawsuit claims, Stearns suffered multiple falls resulting in injuries during her admission from May 25th through July 7, 2007. In particular, the lawsuit alleges the following specific incidents:

  • On May 27, the resident wandered the hallways, unattended, and fell fracturing her left hip.
  • On June 6, while left unattended in a wheelchair and with a shut-off personal alarm, she fell out of the wheelchair.
  • On June 15, the resident pulled herself out of her wheelchair and roamed the hallways un-assisted and fell, fracturing her right hip

The lawsuit is pending in Madison County Circuit Court.  Read more about this lawsuit against Stearns Nursing and Rehabilitation Center here.

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

If your loved one sustained a fall during a nursing home admission, our nursing home litigation team will provide a free case analysis to determine if a lawsuit against the facility is warranted.  Why not put our experience advocating on behalf of the elderly to work for you today?

Related Nursing Homes Abuse Blog Entries

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

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

Falls Amongst The Elderly Can't Be Ignored

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.

Rather, in determining a nursing home's fall related liability, it is important to determine not just the actual number of falls that occurred prior to the injury causing fall, but to look at the situation as a whole.  Taking a look at the residents 'fall-risk assessment' completed by the facility on admission should help determine what safeguards should have been in place to prevent falls.  In the case of multiple falls, it is important to look to see if a new assessment was completed after each fall.  Put another way, there is no magic number of falls for imputing responsibility on the part of a facility.

While in the fall mode, I came across this article regarding a lawsuit filed against a nursing home for failing to take precautions before a resident fell and died from her injuries.  The lawsuit alleges that Windsor Chico Creek Care and Rehabilitation Centers failed to implement fall precautions for a woman who was admitted to the facility following a back injury that made her susceptible to falls.

 

The woman's husband filed a nursing home lawsuit claiming that the facilities negligent conduct resulted in the woman falling from her bed and fracturing her hip. The woman subsequently underwent surgery for the hip fracture and contracted aspiration pneumonia during her recovery that ultimately caused her death.

The lawsuit alleges that despite the facilities own orders for safety precautions, Windsor Chico Creek Care and Rehabilitation Center failed take the following precautionary measures to prevent the woman's fall from occurring:

  • Failed to use guardrails on the bed
  • Failed to use an alarm system to alert staff if the woman fell from her bed
  • Failed to used a lowered bed style to minimize the risk of falling from an elevated height
  • Failed to hire an adequate number of staff to provide assistance

In this case, should the allegations proved to be true, this facility faces liability even though no prior falls took occurred.  The lawsuit also names Helios Healthcare LLC, the owner of Windsor Chico Creek as a co-defendant in the case.

Related Nursing Homes Abuse Blog Posts

Nursing Home Sued Following Death Of Resident In Fall

Woman Dies From Brain Bleed Following Unsupervised Fall

Study Links Medication Use With Falls

Lexington Care Center Named As Defendant In Case Involving Mutiple Falls

Lexington Care Center of Lake Zurich, Illinois has been named in nursing home negligence lawsuit filed in Cook County.  The lawsuit alleges Chicago nursing home failed to monitor an 83-year-old resident who was a known high fall risk.  The woman allegedly fell five times from February through August, 2007.

The fifth and final fall at Lexington resulted in a fractured hip that required surgery.  Unfortunately, the woman remained at Lexington for five days before the staff transferred her to a hospital for x-rays and medical treatment.  Unhappy with the care Lexington provided, the family chose an alternative facility for the woman's medical care following her discharge from the hospital. Read more about this nursing home lawsuit against Lexington Care Center of Lake Zurich here.

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

Lexington Health Care

Lexington Health Care is a large company housing more than 3,000 people in the Chicago-area.  Lexington operates 21 nursing homes under the the names: Lexington Health Care Centers, Lexington Retirement Centers and Merit Home Health Care.  There are ten health care centers in:

  • Bloomingdale
  • Chicago Ridge
  • Elmhurst
  • LaGrange
  • Lake Zurich
  • Lombard
  • Orland Park
  • Schaumburg
  • Streamwood
  • Wheeling

 

Nursing Homes Curtail Use Of Physical Restraints With Residents

More than 20 years after Congress passed the the 1987 nursing home regulatory law (OBRA) which granted nursing home residents the "right to be free" restraints for discipline or staff convenience--much progress needs to be made to accomplish that goal.

Once widely thought to prevent nursing home residents from falling and wandering off, the use of physical restraints is not nearly as common in most nursing homes. According to a recent USA Today article, the use of physical restraints amongst nursing home residents has been drastically reduced over the past 20 years.  Medicare statistics verify 21.1% of residents were restrained on a daily basis in 1991 compared to just 5.5% in 2007, the most recent full-year set of statistics available. 

'Restraints' are generally known as any device used to prevent a resident from wandering or falling, or residents who may be easily agitated (due to uncontrolled pain).  The most commonly used restraints used in the nursing home setting are bed rails and geri-chairs. However, nursing homes have been be known to use make-shift 'tie downs' thereby securing residents to beds, benches, dining chairs and even toilets.

While the use of restraints may seem like a way of controlling a resident from harm themselves, studies have shown that restraint usage causes muscles to atrophy and result in residents actually becoming reliant upon the restraints for support when sitting or walking.  The psychological consequences of restraints are also a problem encountered in nursing homes.  According to Dianne Snyder, of Thornwald Home--  a restraint-free nursing home in Pennsylvania, "They experience some anguish.  You kind of break their spirit.  They give up."

Situations involving injury or death with the use of restraints are more common than most would like to believe.  If a resident is left unattended with restraints in place, they can become tangled in straps resulting in strangulation or broken limb.

Is it possible to ban the use of restraints in nursing homes?

There will always be residents are some facilities who require the use of physical restraints to protect them from harming themselves.  However, there is ample room for further reduction.  For example, Pennsylvania a voluntary program to ban the use of restraints of which more than 90% of the state's nursing homes participate, has reduced the use of restraints to just 2.8% of residents last year.

Like everything in the nursing home, the quality of care provided to residents is a reflection of the training provided to the staff.  Staff intervention is essential to identify those who may be predisposed to falling or wandering from the facility.  Fall prevention techniques such as: padded floors, non-slip chairs, adjustable beds and socks with traction may quickly reduce the number of residents who require the use of restraints.  Nursing homes must "educate, educate, educate" according to Snyder. "Not only the staff, but also residents, families and physicians."

Related Nursing Home Abuse Blog Posts On Restraints

Warnings Do Little To Prevent Bed Rail Entrapment

How Much Freedom Should Assisted Living Facilities Give The Mentally Disabled?

Web Resources On Restraints

Report: "Freedom from Unnecessary Physical Restraints: Two Decades of National Progress in Nursing Home Care" 

SAFETY WITHOUT RESTRAINTS, A New Practice Standard for Safe Care, Minnesota Department of Health

 

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.

Gall was likely as high fall risk due to memory loss and advanced osteoporosis.  Gall required assistance from nursing home staff for most daily living activities.

Investigators interviewed both Gall's family as well as staff at Alden Hills in attempting to determine the cause of Gall's broken neck.  Additionally, a neurosurgeon was consulted for the state's investigation and verified Gall suffered a hangman's fracture.  Further, the neurosurgeon opined the severity of the hangman's fracture could not have occurred without trauma.  Although no specific traumatic event could be identified as the culprit of the injury, three conclusions were reached in the report:

  • Gall's death was related to her cervical fracture
  • The neck fracture was related to a violent incident or fall
  • Someone at the nursing home was aware of what happened to Gall because she would have been unable to pick herself up following her type of injury

Nursing home officials dispute the state's findings, pointing out the findings were not related to any specific event involving nursing home abuse or maltreatment nor can the report rule out an accident. Read more about this cervical fracture of a Minnesota nursing home resident here.

Nursing Home Falls

Falls are one of the most common sources of injuries amongst nursing home residents.  Despite, claims by nursing home officials that some falls are 'unpreventable', steps can be taken to minimize the risk of falls and related injuries;

  • Identify residents who may be at risk of falling
  • Provide adequate staffing to assist residents with transfers, toileting and general mobility
  • Remove clutter from the floors
  • Encourage residents to use asistive devices
  • Minimize the use of medications that can alter blood pressure

Related Nursing Home Abuse Blog Posts On Falls

$50,000 Penalty Sought Against Nursing Home Where Resident Fell To Her Death

Falls Amongst The Elderly Can't Be Ignored

Hip Fractures And Some Unsettling Statistics

Study Links Medication Use With Falls

Web Resource On Hangman's Fracture

Traumatic Spondylolisthesis of the Axis (Hangman's Fracture), Medscape Today

A Video Diagram Of A Hip Replacement Surgery

Hip fractures are one of the most common problems affecting nursing home residents.  As we age our bones thin and become more brittle increasing the likelihood of a sustaining a hip fracture due to a fall or being dropped by nursing home staff. Most hip fractures require surgical repair when the hip joint is actually replaced with hardware. Here is a useful step-by-step explanation of how a hip replacement surgery is done.

Prevention of falls should be a priority in all nursing homes.  To minimize the risk of falls the following fall prevention measures should be taken.

  • Remove clutter from floor
  • Remove improperly fitting slippers and other clothing
  • Keep bed rails up when patients are sleeping
  • Provide adequate staff and equipment when transferring into and out of bed
  • Install handrails in areas where patients need stability
  • Keep call lights within reach of residents in bed at all times.  Residents can request assistance easily.
  • Lock wheels on wheelchairs and beds when transferring patients
  • Monitor patients with low blood pressure

If a loved one sustained a fractured hip or femur during a stay at a nursing home, it may be due to the negligence of the facility.  Our office can work with you and determine if you have a viable cause of action.  Speak to an experienced nursing home attorney anytime. (888) 424-5757

Past Nursing Home Abuse Blog Articles on falls:

Never Event #1: Hospital falls & Trauma

Improper Transfer Leads To Fall & Untimely Death of Rehab Patient

Study Links Medication Use With Falls

$50,000 Penalty Sought Against Nursing Home Where Resident Fell To Her Death

The North Carolina Nursing Home, where an Alzheimer's patient recently fell to her death after she literally wheeled herself through multiple sets of unlocked doors will likely face a fine of $50,000 -- the maximum penalty.  As we recently discussed, on December 18th,  87-year-old Annie Bell Scarboro went unnoticed by staff at the Five Oaks Manor in Concord, and wandered through several doors and kitchen area and onto an unlit and unguarded loading dock where she fell four feet to her death.  The North Carolina Department of Health and Human Services suggests the nursing home be fined $10,000 per day for the five days between Scarboro's fall and when repairs to the facilities door alarms and fencing around the dock area where she fell were completed.  A final determination on the amount of the fine the facility will face will be determined by Centers for Medicare and Medicaid Services.

Here is the full report regarding this North Carolina Nursing Home.

Falls Amongst The Elderly Can't Be Ignored

John Leland of The New York Times, wrote a great piece addressing falls amongst the elderly.  Once thought to be an inevitable part of growing old, falls are frequently the result of underlying medical problems.  Equally important, is the fact that post-fall care must be given priority to avoid medical and psycological problems.  After reading this aticle, you will come to realize that there really is no such thing as a 'minor fall' amongst the elderly population.

Once considered an inevitable part of aging, falls are now recognized as complex, often preventable events with multiple causes and consequences, calling for a wide range of interventions, both psychological and physiological, that many patients never receive.

Even falls that cause only minor injury “need to be taken as seriously as diabetes,” said Dr. R. Sean Morrison, a professor of geriatrics and adult development at Mount Sinai School of Medicine in New York, because “they can be a real warning sign that something serious is wrong.”

Dr. Mary E. Tinetti, a falls expert at Yale University medical school, compared falls to strokes in their harmfulness, adding that people do not always report them or seek help, for fear their families will try to put them in nursing homes. For some people, Dr. Tinetti said, admitting that they fall is tantamount to admitting that they are no longer competent to take care of themselves.

Each year, 1.8 million Americans over age 65 are injured in falls, according to the Centers for Disease Control and Prevention. Some rebound as if the injury never happened. But for some, the fall sets off a downward spiral of physical and emotional problems — including pneumonia, depression, social isolation, infection and muscle loss — that become too much for their bodies to withstand.

In 2005, the last year for which statistics are available, 433,000 people over 65 were admitted to hospitals after falling, and 15,800 died as a direct result of the fall. Less visible are the many who survive the fall but not the indirect consequences.

When first interviewed in mid-July, Ms. Aliminosa and Ms. Arnold felt vulnerable and constrained, their world diminished. Both had led accomplished professional lives — Ms. Arnold as a school psychologist, Ms. Aliminosa as a medical researcher — and had been active in the community’s independent living apartments. But neither could be confident about what the future held.

Ms. Aliminosa said she was depressed, and able to walk only in very small stretches. A small woman with a soft voice and grainy New York accent, she barely filled her chair. She seemed defeated. “Emotionally I have not been well,” she said. “It’s made me very aware of my age, and that’s hard to accept.”

Ms. Arnold, by contrast, was full of emotional energy, so angry about her broken hip that she kicked out for emphasis as she talked, turning conversation into a full-contact sport. Before her fall, she had been preparing for a vacation with her daughter at a family beach house on Long Island — the same house where she had spread her husband’s ashes. Now that plan was gone.

“It kills me, it just kills me,” she said. “This was going to be the frosting on the cake, and somebody ate it.”

Of the two women, Ms. Arnold was up against the longer odds. One in five hip-fracture patients over age 65 die within a year after surgery, according to the C.D.C.; one in four have to spend a year or more in a nursing home. When younger people fall, they tend to break their wrists catching themselves, but in older people, who have slower reactions and less upper-body strength, the weight more often falls on their hips or heads. Any underlying conditions, like heart disease or respiratory problems, increase the chances of a downward health spiral.

Ms. Arnold had a history of pulmonary disease, and had been a heavy smoker, starting after high school. “She had a boyfriend in college,” her daughter, Margery Creek, said, “and it was the lesser of evils — sex, drinking or smoking.”

But her lung problems did not keep her down. In 2006, she took a 10-day trip to Sweden. Even after she fell and fractured a hip that autumn, she lived independently and was able to drive, returning to the beach house. That day in mid-July, even as she talked about depression, she took jubilant delight in photographs of her grandchildren and great-grandchildren. “Now if that isn’t the picture of a baby,” she said. “Isn’t she a sweetie?”

If Ms. Arnold were a machine, it would be simple to draw a straight line between her lung disease, her hip surgery and her chances of recovery. Older bodies typically have several weakened systems that are dependent on one another, and rely on drugs that may or may not work well together. “If you take 70-year-olds, on average they’re taking five medications,” Dr. Tinetti said. “When you get to 10 medications” — as a patient might after a fall — “the likelihood of adverse effects is close to 100 percent.”

But psychological factors can be as devastating as the physical trauma, Dr. Tinetti said. “It’s the fear of falling, the lost confidence. Good walkers stop walking, stop going to church. They become socially isolated and depressed.”

After Ms. Arnold’s first broken hip, she had reduced feeling in one foot, which added to the likelihood that she would fall again.

On July 6 this year, it happened: Ms. Arnold turned her body without moving her foot, pulling the closet door down with her when she fell and fracturing her hip bone.

“I’m outraged,” she said a week after the fall, raising her voice and then becoming fatigued. Her breathing was interrupted by coughing spasms. She said she was determined not to end up using an electric cart. “Disappointment,” she said, accenting each syllable. “I had a very good life.”

“But your life isn’t over,” said Deanna Gray-Miceli, an adjunct assistant professor of nursing at the University of Pennsylvania and an expert in geriatric falls who was looking in on Ms. Arnold in the nursing unit.

“Well, it bloody well is,” Ms. Arnold said. “I have no strength. Let’s talk about depression.”

The period of immobility after a fall is particularly dangerous, said Dr. Gray-Miceli, whose research includes studying a group of patients after falls. “Being immobile, you’re not taking deep breaths, you’re more prone to orthostatic pneumonia, or older people can develop urinary incontinence. And that can have a whole cascade of emotional consequences as well as the physical consequences, such as skin breakdown, pressure sores, bladder infection, lung infection.

“We also see temporary confusion from infection,” she added, “And that can lead to someone’s demise.”

Dr. Gray-Miceli’s work focuses on identifying the causes of falls, which might include treatable factors like changes in gait, low blood pressure, declining vision or heart arrhythmias, as well as conditions in the home. In a study by Dr. Tinetti, simple preventive suggestions from doctors, like physical therapy and changes in medication, reduced falls by 11 percent. (The C.D.C. offers tips to reduce falls at home, like removing loose rugs and making sure stairway handrails go all the way to the bottom, at cdc.gov/ncipc/duip/preventadultfalls.htm.)

For Ms. Arnold, it was too late. Shortly after surgery she grew depressed and fatalistic, her daughter said. “One morning when my brother was here, she woke up and said, ‘I’m weary, I’m just absolutely weary,’ ” Mrs. Creek said. “And she had no muscle that came back. Her arms had really gotten down to skin and bones. You hear that term — it certainly seemed that way, no muscle.”

In August, Ms. Arnold developed pneumonia and spent three nights in the hospital. Though she responded well to the medications, Mrs. Creek said: “It was just one more nail. She said she was ready to be with Dad.”

The last time Mrs. Creek called her, in early September, Ms. Arnold could recognize her voice but not respond, Mrs. Creek said. “I think she just said, ‘I’ve had it, I’m checking out.’ ”

Down the hall, Ms. Aliminosa’s response after her leg fracture was just as unpredictable.

On April 4, she was enjoying a visit from two favorite nieces — Ms. Aliminosa never married — when she found herself on the floor of her apartment, she said. She had no memory of how she fell.

Ms. Aliminosa has osteoporosis and a history of falling, so she told her relatives not to touch her until the nurses came. She needed a metal rod in her leg and began a slow process of physical rehabilitation. She said the falls were the first thing that made her feel old. “I’d love to be able to have dinner and take a short walk, and I can’t do that,” she said.

Because she was in a full-spectrum medical facility, her care was well coordinated, said Dr. Albert Siu, a professor and chairman of geriatrics and adult development at Mount Sinai.

“For example, osteoporosis is often at root of this,” Dr. Siu said. “But in a three-day hospital stay, addressing osteoporosis is not at the top of everyone’s mind. There it’s dealing with the pain, the complications and the repair of the fractured hip.” Medications for blood pressure or pain might increase dizziness or chance of falls. In mid-July, while Ms. Arnold was angry but relatively mobile, Ms. Aliminosa seemed resigned to a loss of mobility and independence. The prospect weighed heavily on her. When asked if she had considered counseling for depression, she said she did not think she could bear talking about it. “I think as we get older it’s hard to control our emotions,” she said.

 

 

 

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Illinois Nursing Home Settles Lawsuit Involving Multiple Falls Of Resident

Winchester House, a Lake County, Illinois nursing home, has chosen to settle a pending nursing home negligence lawsuit involving a resident who fell multiple times in the facility and ultimately died.  Under the terms reached during mediation, the family of Helen Menneke will receive $1 million for the loss of their 83-year-old relative.

Helen Menneke was admitted to Winchester House in 2004 for treatment and care of dementia. Ms. Menneke fell several times over the course of her admission, suffering a traumatic brain injury and fractured bones.  

Although nurses implemented an alarm system for Ms. Menneke's bed and wheelchair, they were unsuccessful in preventing additional falls.  The nursing home has reportedly made changes in the manner nursing home employees check on nursing home residents following this lawsuit.

How many falls must occur before a nursing home can be held responsible for a resident's fall-related injuries?  The answer is dependent upon the needs of the resident.  If the individual required full assistance for transfers and care needs, the nursing home owes a duty to provide staffing assistance at all times.  If however, the resident is more independent the duty of a facility becomes somewhat clouded.

Regardless of the resident's fall-risk potential, the nursing home must take notice after a resident falls.  After the nursing home has notice of a resident fall, the facility must re-evaluate their preventative measures to prevent additional falls from occurring.  The use a restraints, alarms and most importantly staff supervision are key to assuring nursing home residents remain safe.  If your loved one has sustained a injury from a fall, do not assume the fall was not preventable.  An experienced nursing home attorney will be able to evaluate the matter and determine if the nursing home may be responsible for the injury.

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:

  • Medication that may effect balance or coordination
  • Does the person normally use an assistive device like a walker or cane?  If so, one should be provided by the facility at all times.
  • Age.  Older residents have a far greater risk of falling than their younger counterparts
  • Is the person able to use the bathroom themselves?  If not, regular assistance should be provided by the staff.

In a recent study by researchers at Washington University in St. Louis, patients were injured in 42% of falls occurring in the hospital.  Hospital patients were seriously injured in 8% of the falls with head trauma or fractures.  The study also determined that the people most likely to sustain a serious fall-related injury were those on their way to or in the bathroom.  

In addition to determining patients who are at high risk for falling, hospitals should take precautions to minimize the likelihood of falls due to sloppiness or inadequate staffing.  In order to assure resident falls are minimized hospitals should make sure the following in done:

  • Remove clutter from floor.  
  • Remove improperly fitting slippers and other clothing.
  • Keep bed rails up when patients are sleeping.
  • Provide adequate staff and equipment when transferring into and out of bed.
  • Install handrails in areas where patients need stability.
  • Keep call lights within reach of residents in bed at all times.  Residents can request assistance easily.
  • Lock wheels on wheelchairs and beds when transferring patients.

If a fall occurred during a hospitalization, do not assume that the fall resulted from an unforeseeable condition.  There is a good likelihood that the hospital should of identified the patients likelihood of falling and taken precautions. 

Improper Transfer Leads To Fall & Ultimately Death Of Rehab Patient

Even the best facilities occasionally provide bad treatment to their residents.  A wrongful death lawsuit has been recently filed against Schwab Rehabilitation Hospital, a nationally recognized rehab center in Chicago on behalf of the family of a deceased resident.  The family carefully selected Schwab as a rehabilitation center for their loved one's physical therapy and rehab training following the amputation of a leg. 

Unfortunately, even this well respected facility, failed to provide basic care for an elderly man's needs.  When the man was admitted to Schwab, the physicians ordered that the man be transferred in and out of his wheelchair with the use of a mechanical lift and two staff members.  The day after his admission a CNA ignored the physicians' orders and attempted to transfer the man into his wheelchair herself.  In the process the man fell and fractured his hip and femur

Like many physically fragile elderly, the injury lead to a spiral of deteriorating medical problems.  Following surgery at nearby Mt. Sinai Hospital, on his hip and femur fractures, the man became immobilized and developed a pressure ulcer on his sacrum.  Additionally, the man was diagnosed with sepsis, pneumonia, and respiratory failure.  Within three months of the fall, the man died.

The man's family filed a lawsuit against Schwab for negligent rehabilitation treatment.  The lawsuit was filed in Cook county Circuit Court.  Read more about this poor treatment at this well known Chicago rehabilitation hospital here.

This case demonstrates that a facilities reputation does not guarantee quality medical treatment.  Incidents at well-regarded medical facilities may occur with less frequency, but are just as devastating as incidents occurring at facilities with lesser reputations.  This case also highlights the importance of staff following physician orders.  If the CNA had simply followed the instructions set forth by the treating physicians this sad incident could have been avoided.

In this case, an investigation conducted by the Illinois Department of Public Health confirmed the care this elderly man received was improper.

Assisted Living Fall Leads To Wrongful Death Lawsuit

The family of an assisted living resident has filed a wrongful death lawsuit against the facility. 83-year-old, Luveda Fern Kessler, fell and cut her leg as she got out of bed at her Laguna Hills assisted living apartment. Ms Kessler did as she had been told to do: Press a personal emergency response call button, according to a recent lawsuit filed by her family.

The assisted living employee waited 24 minutes before calling 911.  During the 24 minutes Ms. Kessler lay bleeding and unassisted with any staff.  By the time the paramedics arrived, Ms. Kessler lay on her stomach, non-responsive. She was later pronounced dead at a local hospital.

Villa Valencia did not report the Aug. 23, 2007, incident to the state.  The incident led to a wrongful death lawsuit filed in Orange County Superior Court last month against Villa Valencia and its owner, Sunrise Senior Living Inc.  "They let my mom bleed to death,'' said Kessler's daughter, Joanne. "I thought that was the best place for her. … Her death was completely preventable."

Assisted living facilities are not intended to provide the same level of care as nursing homes.  Nonetheless, assisted living facilities are required to conduct assessments as to residents medical needs and provide assistance to residents who require it.  In this case, not only was there not a nurse to provide help, there was no staff to provide basic life saving assistance.  Read more about this incident involving assisted living under-staffing here.

Here is a transcript of 911 call regarding Kessler's injury, which was made at 1:57 a.m. Thursday Aug. 23, 2007.  The family should use this as evidence of the assisted living facilties neglect in court.

911:Fire emergency.

Caller:Yes, I have a resident in Villa Valencia and she fell off the floor - - she is bleeding on the floor.

911:Okay what is the address, please?

Caller:It's 25, sorry hold on - - - get that address for me quick - - just a moment - - are you there?

911:Uh-huh.

Caller:Hello?

911:Yes.

Caller:Oh, it's - - can you hear me?

911:I can, go ahead.

Caller:24552 Paseo de Valencia.

911:OK, which room number?

Caller:Sunrise, it's 226 A building.

911:Room number 226 in Building A.

Caller:Yes, 226.

911:OK, and the telephone number you are calling me from, please?

Caller: Pardon me?

911: The telephone number, please.

Caller:The phone number for here?

911: Yes, the one you are calling me from.

Caller:949-581-67 - -

911:No, the number you are calling me from, ma'am.

Caller:OK, I'll have to get her number.

911:Is there a nurse with the patient?

Caller:No, there's not a nurse here right now.

911:Who's with the patient?

Caller:I'm with the patient right now, and I don't know her direct number, I'm using the number for the - -

911:OK, I have help on the way for you. How old is she?

Caller: I don't know her age right now - -

911:- - give me your best guess.

Caller: Can you - -

911:- - give me your best guess.

Caller:Around 81.

911:81. Is she conscious?

Caller: She's conscious.

911:Is she breathing OK?

Caller: She's breathing. Get her …for me quick.

911: OK. And what is she - - she fell off the bed?

Caller:Yes, she fell off the bed.

911:And she's bleeding from where?

Caller: Her foot. She always has problems with her foot.

911:OK, are you able to control the bleeding (2:15) with some pressure.

Caller:I'm trying to find it right now.

911:You're trying to find what right now?

Caller: The bleeding, where it's coming from.

911:OK.

Caller: I just walked into the room not too long.

911:OK.

Dispatch:This is 18 we don't need to go, right

911: No.

Dispatch: All right, I'm going to disconnect.

911:All right. Thanks.

911:What you need to do is find several clean, dry cloths, apply direct continuous pressure to her foot

Caller: Yeah, OK.

911: - - to control the bleeding. Are you able to do that for me?

Caller:Yes, yes.

911: OK. All right, we should be there in a few minutes if anything changes (2:45) call us right back.

Caller: OK.

911:Thank you.

Caller:Bye-bye.

Sun Rise Senior Living is a publicly traded company that runs 445 senior centers internationally including 23 in Illinois.

Colorado Jury Sides With Family Of Nursing Home Resident In Fall Lawsuit

A Colorado jury has awarded $375,000 the the family of a deceased nursing home resident.  The family of Doris Wolf brought a lawsuit against Spring Healthcare Center and Sava Senior Care, the parent company for injuries she sustained in a fall while a resident at the facility.

According to the Colorado Department of Public Health, Ms. Wolf was admitted to Spring Healthcare Center for rehabilitation following surgery on her back.  The day Ms. Wolf was to go home, she fell in the bathroom.  Apparently, Ms. Wolf used her call button to ask the nursing home staff for assistance in using the toilet.  After not receiving any response, Ms. Wolf used the bathroom unassisted and fell.  When Wolfe thought an "extended amount of time passed" and no one answered her request, she opted to try to walk toward her walker on her own and broke her ankle. 

The health department investigation also indicated that Spring Creek X-rayed Wolfe's ankle and found no fracture, but a family physician looked at the X-ray results and determined it was fractured in two places.  Similar incidents has occurred in the past.  According to the Colorado Health Department, another resident at Spring Creek Health Center was denied help going to the bathroom in February.

"The resident put on her call light and when staff responded, asked for assistance with toileting," the report reads. "The staff member told her s/he didn't have time to assist her and she would have to wet the bed. Another staff member assisted the resident."

The staff at Spring Creek are doing their job.  The nursing home staff must timely respond to calls for help and provide assistance to those who require it.  Under-staffing probably also plays a large role in these incidents.  If a resident needs to use the toilet should they be forced to suffer the indignity of soiling themselves because the there is inadequate staff or they are not attending to their needs?

Sava Senior Care owns approximately 185 nursing homes across the country, including Spring Creek and Fort Collins Health Care Center.  Sava operates the following facilities in Illinois:

Montebello HealthCare Center
1599 Keokuk Street
Hamilton, IL 62341

Nature Trail Health Care Center
1001 South 34Th Street
Mount Vernon, IL 62864


Odin HealthCare Center
300 Green Street
Odin, IL 62870

Westchester Health and Rehabilitation Center
2901 S Wolf Road
Westchester, IL 60154

Read more about this case of nursing home neglect here.

Nursing Home Sued Following Death Of Resident In Fall

The family of a woman who died following a fall in a nursing home has filed a lawsuit against the facility alleging the fall caused the woman's death.  According to the lawsuit, Ferris McCarthy, a 79-year-old was a resident at the Sunrise Care and Rehab nursing home fell numerous times while a resident at the facility sustaining multiple injuries including: weight loss, dehydration, malnutrition, constipation, infection, a perforated bowel, and ultimately her death.  The lawsuit seeks compensatory and punitive damages from the nursing home and the nursing home's parent company, Sun Healthcare Group.  <a href="http://technorati.com/claim/zayc4d3hud" rel="me">Technorati Profile</a>

When evaluating whether to bring a nursing home negligence lawsuit, it is important to examine all potentially culpable parties.  Many nursing homes appear to be small, independently owned facilities.  An examination of the corporate books including filings with the Secretary of State, and the state and federal agencies is required to determine if their are multiple owners.  All responsible parties should be named in the lawsuit or you may lose your right to recover from them.  In some states, such as Illinois, you may also name the individual owners of the nursing home in a lawsuit.

Sunrise is a large corporation that operates nursing homes, long-term care facilities and hospice programs throughout the country.  There currently 25 Sunrise facilities operating in Illinois.

Read more about this wrongful death lawsuit here.

Why Bother With Hip Pads?

Following my recent post on the frequency of hip fractures in nursing homes, I received several responses from blog readers who asked me about the effectiveness of hip pads in preventing injury and hip fractures to nursing home residents.  For those that don't know, hip pads are usually similar to underwear with built in plastic and foam pads.  The overwhelming evidence suggests that hip pads do little to prevent hip fractures amongst the elderly.  In fact, a recent study of 1,000 nursing home residents was terminated because the hip pads were so ineffective in preventing fracture.

According to the study's author, Dr. Douglas Kiel, of Harvard Medical School, 'In the United States, nearly 340,000 hip fractures occur per year, more than 90 percet of which are assiciated with falls, and the number of hip fractures may double or triple by the middle of this century.' Further, 'The highest incidence rates of hip fractures have been reported in nursing home residents, where 50 percent of residents fall each year.' 

So the question remains, why do nursing homes and facities use hip pads in the first place?  I really con not think of any reason other than the fact that some nursing homes would rather use a device to take the place of staff involvement and supervision of their residents.  The only effective way to prevent nursing home falls is to identify people who may be prone to falls and to provide adequate assistance to residents throughout their daily living activites.

Read more about hip pads in nursing homes here.

Hip Fractures And Some Unsettling Statistics

Hip fractures are a frequent result of falls in nursing homes.   In fact, an elderly person living in a nursing home is more likely to sustain a hip fracture while at the facility than they would living independently.  Most hip fractures require surgery.  The type of surgery required depends on where the break is and how bad it is. Your doctor may put metal screws, a metal plate, or a rod in your hip to fix the break. Or you may need to have all or part of your hip replaced.

The outcome for nursing home residents who sustain a hip fracture are disappointing:

  • 17% to 33% mortality rate for the year following the fall
  • 25% to 33% of residents are unable to walk following surgery and physical therapy
  • Up to 15% of hip fracture patients suffer from pressure sores

Nursing homes must take the risk of falls and hip fractures seriously.  The best prevention of a hip fracture is for a nursing home to identify residents who may be at risk of falling and to have adequate staff in the facility to provide assistance to residents. 

If you or a loved one has suffered a fall in a nursing home and sustained a hip fracture, the facility is responsible for damages from the initial fall, all subsequent medical care and decay in physical conditions.

2 Residents Fall From Wheelchairs With 2 Days At Nursing Home

One resident died after rupturing a blood vessel in his brain and fracturing his neck following his wheelchair tipped--anti-tipping devices were not in place.  A second resident fell forward in her wheelchair and struck her head on the floor resulting in a concussion and laceration requiring stitches-- a prescribed waist restraint was not in place.  The similar incidents occurred within 48 hours of each other at the same nursing home.

What makes these unnecessary events so disturbing is that they occurred within days of each other--these are not isolated incidents.  The events have prompted inspections by state nursing home inspectors.  Pennsylvania Health Department, director of nursing-care facilities Bill Bodner, sums the situation up well, 'the crux of our concern is the fact that in each case, there was miscommunication between the physician and nursing staff, and no clear plan of how the staff should treat these patients.'

Blame for these incidents falls squarely on the shoulders of nursing home staff.  Nurses and other nursing home workers are trained not only to follow physician orders, but also must provide resident care as new needs arise.  The above incidents are not the result complicated medical orders, rather they result from the most basic failures on the part of nursing home staff--failure to open their eyes.  Read more about the failure of nursing home staff to prevent falls here.

 

Woman Dies From Brain Bleed Following Unsupervised Fall

Everyday nursing home residents fall.  Much like a toddler learning to walk, some falls are unpreventable.  Nursing home residents remain the highest risk for falling and getting injured compared with any other demographic.  The most fall prone must be identified identified by the nursing home staff.  Identification of individuals who are at 'high risk' for falling is only part of the solution.

After reading this newspaper article of a Montana woman who fell four times during a 35 day stay at a nursing home, I was reminded of how important is is for nursing homes to have adequate fall protection in place.  Despite the fact that this resident had a medical history which put her at high-risk for falls, the facility did not take precautions.  Moreover, the facility had three opportunities to put fall prevention measures into effect before the last episode when the resident fell and suffered a cerebral hemorrhage. 

The Montana woman's husband and family have filed a lawsuit against the nursing home, drawing attention to the underlying cause of the woman's death- poor staffing.  The lawsuit claims the facility did not have an adequate number of staff and did not properly train them. 

For high-risk residents, nursing homes must have adequate fall prevention measures in place.  The best fall prevention is to provide adequate number of nursing home staff to supervise residents.  While federal and state laws may specify minimum staffing ratios, the fact remains that may nursing home residents who are at high risk for falling need significantly more attention than the bare-bones staffing requirement.  Nursing home residents with dementia, Alzheimer's and low-blood pressure are particularly susceptible to falls.

According to Charlene Harrington, a University of San Francisco California professor, who has studied nursing home staffing, 'only 5 percent of nursing homes around the U.S. have adequate staffing."  What will happen to the 95% of nursing home residents, who are exposed to chronic under-staffing, poor employee training and high staff turnover?

Safe Transfers

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 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. 

Below are videos demonstrating the proper transfer technique for both the 'manual' method and using a Hoyer lift.

 

 

 

Study Links Medication Use With Falls

How many medications do you take?  If you can't count the number of medications on one hand, studies suggest you should sit down.  Researchers at the University of North Carolina have determined that seniors who take four or more prescription medications have two to three times the risk of falling as seniors who take fewer medications.  Some of those drugs, the researchers say, may actually contribute to the risk of falling.

Some common antidepressants, seizure medications and painkillers have made the list, according to lead study author, Dr. Susan Blalock. These types of drugs all depress the nervous system, leading to slower response times and a lessening of coordination, especially among seniors, according to the report. Study results are published in the latest issue of the American Journal of Geriatric Pharmacotherapy.

Researchers recommend that, should a senior discover they are taking one of the meds mentioned on the list, they continue taking the medication until discussing possible side effects and falls risk with their physician. They also suggest that doctors prescribe alternative medications with less sedating effects and that pharmacists be on the look-out for seniors who are taking four or more medications, and to alert those who are to the risks.

The bottom line is that health care providers need to be aware of the medication their patients are taking.  Each medication should be scrutinized as to its necessity.  Read more about the study from McKnight's here.

Falling Like A Parachutist May Prevent Hip Fractures

Hip fractures are the most common type of fractures amongst people over 65.  Moreover hip fractures amongst the elderly require 320,000 hospitalizations.  How can the injuries associated with these falls be reduced?

Researchers have determined that teaching seniors to fall like a parachutist may reduce their odds of sustaining a hip fracture by 70%.  Computer simulations have demonstrated that falling sideways (like a parachutist), instead of falling backwards, dissipates the force of a fall.  In order for the technique to be fully effective, it is important that the technique is implemented immediately once the person begins to fall.

Read more about the 'parachutist' falling technique here.

Wandering


"Wandering' refers to a cognitively impaired person moving about a nursing home or long-term care facility aimlessly and without appreciation for what he or she is doing.

A nursing home resident's propensity to wander should be identified in an initial care plan.  Residents who are most likely to be wanderers are those who suffer from dementia, Alzheimer's or who may be heavily medicated.  Most frequently a nursing home resident who wanders, falls and gets injured.

It is up to the nursing home staff to provide a safe and secure environment for all residents.  In the case of a nursing home resident who wanders and receives injuries, the nursing home most likely did not:

  • Provide an adequate number of staff to supervise residents
  • Train nursing home staff on how to identify wanders
  • Train the nursing home staff on how to supervise the nursing home residents
  • Did not use bed, wheelchair or door alarms
  • Re-direct the nursing home resident to another activity

Call Lights. How Should Staff Respond?

Nursing homes, hospitals, and long-term care facilities should have 'call lights' for residents to get the attention of the staff.  Most call lights are connected to patient beds.  The call lights should be located within easy reach of the residents and the calls should be responded to promptly by staff.  Most call light systems are connected only to a central nursing desk.  As a result, some 'call light' pages may go unanswered or responses to the call lights may be delayed if the staff is not in close to the desk.

A newer call light system, utilizing pager technology would help staff respond quicker to residents requests.  Yet other call light systems allow residents to carry pagers which prompt nursing home staff to respond to a page regardless of where the residents it.  A mobile pager would be especially helpful for dealing with nursing home falls.

Look at the full Salt Lake City Tribune article here.

Nursing Home Falls

Falls in nursing homes may be the largest heath threat to the elderly.  Older people tend to fall more frequently than their younger counterparts.  However, when an older person falls they are substantially more likely to become injured than a younger person.  Some startling statistics from the Center for Disease Control demonstrate the obvious: falls in nursing homes are widespread and have a devastating impact on the residents.
  • About 1800 people die each year due to falls in nursing homes
  • 10 to 20% of nursing home falls result in serious injury, 2 - 6% of falls result in fractured bones
  • 3 out of 4 people living in a nursing home will fall this year
  • Most people are 'repetitive fallers'- After a first fall, there is a substantial likelihood that you will fall again
  • Most falls go unreported
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. (24% nursing home falls)
  • Hazards in the nursing home- wet floors, poor lighting, improper be heights, improperly maintained wheelchairs, equipment left out of place (16 - 27% nursing home falls)
  • 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
The prevention of falls requires a team approach.  All health care professionals in the nursing home setting must work together to help encourage nursing home safety.  Additionally, nursing homes should do the following:
  • 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.
  • Install safety devices such as grab bars, adjustable height beds and handrails
  • Review all prescribed medications to assess what residents may be a fall risk due to the nature of the medication
  • Install alarms on on beds and chairs for residents who are at a particularly high fall risk.
  • Remove clutter from walkways