Nursing Home's Failure To Implement Fall Precautions Results In Death Of Patient

fall cartoon.jpgRecognizing the significant threat that ‘falls’ pose to patients in nursing homes, federal regulations impose a duty on facilities to assess each patient at the time they are admitted (and similarly reassess on a regular basis) to determine the likelihood of the patient is at risk falling and then create a plan of care for the facility to implement to minimize the frequency and severity of any ensuing injury.

Given the significant risk of serious fall-related injuries--- or even death, fall precautions need to be made a priority at all long term care facilities caring for the elderly.  While some fall precautions may be customized to the patient’s indvidual needs, many experts in geriatric care suggest the following common sense precautions at all facilities: 

  • Removing debris from floors
  • Proving staff to assist patients with transfers
  • Utilizing grab bars and other supportive devices
  • Lower bed heights to reduce the chance of an injury from fall
  • Putting mats aside beds to act as a cushion should a patient fall
  • Using alarms on beds and chairs to notify staff when a patient moves

I was reminded how important fall precautions can be when it comes to safeguarding the well-being of the elderly by recently filed wrongful death lawsuit filed following the death of a patient at a Texas nursing home.  The deceased patient’s family initiated the lawsuit against Regent Care Center (Texas) after their loved one died from a head injury sustained after falling from her bed.

In addition to failing to put the woman’s bed in a “low position” and having cushioning mats next to the sides of her bed, the lawsuit also alleges that the staff at the facility inappropriately responded to the woman’s fall by placing her back into her bed where their was a visible injury and the woman complained of pain.

My take:

As a nursing home lawyer, I see many facilities simply ignoring the most basic precautionary fall prevention measures.  While surely these safeguards are critical to each patients well being, I frequently encounter staff working at these facilities with little or no training on how to successfully implement these measures or concerning the post-fall evaluation of a patient

As in the situation discussed above, nursing home staff have a duty to assess and obtain medical care for any patient involved in an injury at their facility.  Given the rapid progression of head injuries, it is absolutely imperative that staff identifies the problem and get the assistance of a physician immediately.  Tragically, in the case of neurological injuries, delay--- or denial is simply an unacceptable reaction to these situations.

Related Nursing Homes Abuse Blog entries:

Nursing Home Abuse: Facilty Allows Patient To Fall 45 Times!

Nursing Home's Post-Fall Care Of Injured Patient Criticized By State Investigators

Another Example Of Nursing Home Negligence: Disabled Patient Falls Down Unsecured Stairway

Some Medical Conditions Virtually Guarantee Elderly Of Falls In Nursing Homes

California Nursing Home's Failure To Provide Fall-Prevention Safeguards Results In A Substantial Fine

Too little, too late-- best summarizes Pilgrim Haven Health Facility of Los Angeles, reaction to fall-prevention measures suggested by a patient's physician and the facility itself.  The omissions appear to be responsible for the fall-related death of an 85-year-old man and have initiated a substantial fine by the California Department of Health.

In the course of investigating the death of the elderly patient, authorities determined that Pilgrim Health made numerous errors with respect to its medical treatment of a patient with a history of falling. 

After an initial fall in October, 2009, fall precautions were order by the man's physician and by Pilgrim Health itself.  The physician instructed the nursing home to use an electronic fall monitor on the patient and the facility noted that the man should have his walker within reach at all times and should further be supervised while walking.

Just two months later, the man was involved in a second fall at the facility without the knowledge of the facility staff--- and away from his walker.  The facilities initial examination of the man appeared to show little with respect to visible injuries.  However, in the evening following the fall, the man's injuries quickly became apparent. 

During the evening following the fall, the man's condition began to deteriorate becoming pale, motionless and began vomiting.  Even after staff at Pilgrim Haven noted the change in the man's condition, they failed to immediately conduct a full neurological assessment or notify the man's doctor as to his change in condition.

Hours after the extent of the man's injuries began to be apparent, he was transported to a hospital where he died shortly after his arrival.  A CT scan determined that the man's death was due to bleeding in his brain that investigators attribute to his previous fall.

As a result of the fall, Pilgrim Haven was fined $100,000 -- the maximum fine allowable under California law.  Pilgrim Have is part of the American Baptist Homes of the West. Read more about this nursing home fall as reported by the L.A. Times here.

Head Injuries From Falls

As we age, our bodies lose some of the protective fluids that cushion our joints and even our brains putting us at risk for more serious type of injures that are usually not associated with younger people.  For this reason, older people are at a heightened risk for sustaining head injuries in fall.

Even a minor head trauma can put excessive force on the brain that may result in inter-cranial bleed (commonly referred to as a subdural hematoma).  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.  When the pressure builds and goes unrelieved, people can suffer serious injury or even death.

Nursing homes must be tuned in to patients who sustain even minor head-related trauma and be mindful of the symptoms of a subdural hematoma.  When identified early, patients who sustain a head injury are more likely to have better outcome and survival rate.

Related Nursing Homes Abuse Blog Entries:

Even Common Falls Put Elderly At Risk For Developing Subdural Hematomas

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

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

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

Nursing Home Injury Laws

In times of need, locating necessary information regarding the legal rights and resources for nursing home patients can be difficult and imposing.  In this respect, we are proud to introduce a new resource for patients, families and practitioners looking for a concise compilation of information regarding nursing home laws.  Nursing Home Injury Laws, provides every states':

Additionally, we will be posting regular updates regarding important developments relevant to nursing home care within each state.  Here is a link to Nursing Home Injury Laws.

The Cause Of Many Nursing Home Patients' Injuries May Be Related To An Underlying Medical Issue

Most of the time a family contacts my office, it is due to an incident involving abuse or ongoing neglect. Although perhaps less obvious, after we investigate many of the cases, the underlying problem may be a complex medical condition that may ultimately prove important in successfully prosecuting the matter.

Here are some of the medical conditions we have discussed over the past year:

Clostridium Difficile / C. Diff

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

Stevens Johnson Syndrome

Stevens-Johnson Syndrome (“SJS”) is a systemic disorder that affects the skin and mucous membranes, usually caused by a severe drug reaction. SJS often begins with flu-like symptoms (fever, sore throat, cough, burning eyes), then progresses to red or purple rashes and blisters (photos), especially around the mouth, nose, eyes. These symptoms eventually lead to skin sloughing (the shedding of the top layer of skin) because of cell death. Some patients with extreme cases of SJS appear as though they were severely burned due to the extensive skin loss.

Legionnaires Disease

Legionnaires disease is an infectious disease caused by the Legionella bacteria. There are two types of Legionnaires disease: Legion fever (where people generally develop pneumonia) and Pontiac Fever (symptoms similar to the flu).

Legionnaires disease got its name when a group from the American Legion conference all developed pneumonia. When scientists analyzed the group, they noticed that they all had the same bacterium called Legionella.

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.

Hypotension

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.

Sepsis

'Sepsis' is a bacterial infection in the bloodstream or body tissues, frequently found in patients with severe bed sores. In order to make a diagnosis of sepsis, at least two of the following must occur: a heart rate above 90 beats per minute, hyperventilation (more than 20 breaths per minute) and white blood cell count below below 4000 cells/mm.

Frequently, people use the term sepsis to describe 'severe sepsis' and 'septic shock.' Severe sepsis is used to describe people who have organ dysfunction following a diagnosis of sepsis. People diagnosed with septic shock have sepsis with hypo-tension (abnormally low blood pressure).

Amyloidosis

Elderly nursing home residents, especially those suffering from other diseases such as bed sores, have a higher risk of developing amyloidosis, a disease which can damage various tissues and organs. This can cause dangerous complications in residents who are already weak from advanced age or underlying disease.

Amyloidosis is a group of diseases caused by abnormal deposits of amyloid protein (usually produced by cells in bone marrow) in the body’s tissues and organs. The disease frequently affects the heart, kidneys, liver, spleen, nervous system, and gastrointestinal tract. The amyloid protein can deposit in a localized area (localized amyloidosis) or affect tissues throughout the body (systemic amyloidosis). Amyloidosis is diagnosed for testing for the amyloid protein in a biopsy of involved tissue.

Impacted Bowel

An impacted bowel is the condition where feces are trapped in the lower part of the large intestine, causing a waste obstruction. The stool collects in the bowel and becomes hardened. This hard stool can irritate the rectum, resulting in the production of mucus and fluid which can leak, causing fecal incontinence.

One of the most common symptoms is lack of appetite, caused by pressure on the abdomen. Hemorrhoids (a mass of dilated veins in swollen tissue around the anus) are a common sign of impacted bowels because it is more difficult to rid your body of fecal matter. Other symptoms include: a constant feeling of fullness; diarrhea; hardened feces; cramping and pain; vomiting; constipation; bad breathe; and bloating. If left untreated, the waste obstruction can cause a rectal infection that can lead to sepsis or death.

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 hematoas'. 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

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

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?

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 nursing home 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 Iowa 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

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

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?

About Jonathan Rosenfeld

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

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