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':

  • Nursing Home Laws
  • Medical Malpractice Laws
  • State Resources
  • Applicable State Code

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.

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?

Why Would Anyone Want To Work In A Nursing Home?

There is a general assumption that the more you work you put into your career, the more opportunities you will have for advancement.  That is, unless you are certified nursing assistant (CNA) at a nursing home.  A new study published in The Gerontologist paints a relatively bleak work future for CNA's working in nursing homes today.

The National Nursing Assistant Survey sampled 3,017 CNA's working in nursing homes.  CNA's were surveyed in: recruitment, education, training and licensure, job history, family life, management and supervision, client relations, organizational commitment, job satisfaction, workplace environment and work related injuries.  

The survey outcomes leave me wondering-- 'why would anyone want to be a CNA in a nursing home?' Among the survey results:

  • One in three CNA's receives some form of public assistance
  • Over 50% of the CNA's suffered at least one work-place injury over the course of the last year
  • Work-related injuries required 25% of the nursing to take time off from work
  • 42% of the CNA's not participating in their employers sponsored insurance plan due to the fact they could not afford to participate
  • Experience means nothing--- well almost-- in terms of pay, CNA's with 10 year or more job experience earn just $2.00 more per hour than their counterparts with just began working in the industry

My guess is that the inherent 'problems' with the job force urgently needed CNA's into more lucrative areas.  More experienced CNA's will undoubtedly leave their current positions until the industry chooses to put a premium on improving working conditions for this under-paid, and injury-prone group. Consequently, too few highly-skilled CNA's will remain to care for the growing nursing home population.

At the end of the day, who can blame them?

Nursing Homes Abuse Blog Entries On Staffing

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

High Staff Turnover Rates Plague Most Nursing Homes

Nursing Shortage Is A Crisis

Resource

The National Nursing Assistant Survey: Improving the Evidence Bast for Policy Initiatives to Strengthen The Certified Nursing Assistant Workforce, The Gerontologist, Vol. 49 No. 2, 185-197

Tennessee Legislature Attempts To Limit The Rights Of Injured Nursing Home Residents

Lawmakers in Tennessee are attempting to limit the rights of those injured due to nursing home abuse & neglect.  Under a bill proposed by State Senators Jim Tracy (R-Shelbyville) and Randy Rinks (D- Savannah), nursing home residents injured or killed due to a facilities poor treatment would be limited to a recovery of $300,000 in non-economic damages.  The bill would also place a cap on punitive damages against nursing homes of $600,000.

This protectionist legislation would provide little incentive for poorly equipped nursing homes to 'clean up their act.'  Taking the decision making process away from a jury of one's peers sets a dangerous precedent in an industry riddled with problems related to patient safety.  Read more about this potentially dangerous development impacting Tennessee Nursing Homes here.

New Rehab Facility In Belvidere, Illinois

A husband and wife team are transforming a Belvidere, Illinois nursing home into a post acute facility. Jim and Marilyn Palazzo are renovating the 30-year-old Biltmore nursing home building into a post-surgical, post-acute care facility for patients after they have been treated at a hospital for procedures such as hip or knee joint replacements.

The Palazzos are pumping about $3.5 million into renovating the building. That money will pay for bigger, more modern rooms with flat-screen TVs and new beds, a restaurant that will serve gourmet meals, new bathrooms with Kohler fixtures and earth-tone decor, a new therapy wing and a spa that will offer massages, manicures and pedicures.  The facility will be known as the Homebridge Center, a nod to the efforts of getting people back to the comfort of their homes after treatment.

The facility will serve residents of Boone and Winnebago counties.  Rehabilitation facilities are becoming more common as the population ages and joint replacements and other orthopedic surgeries have become more common.  The other reason for the increase in rehabilitation facilities is that many nursing home owners have quickly learned that short-term rehabilitation is far more lucrative than long-term stays.

Other rehabilitation facilities in in the works.  Van Matre HealthSouth Rehabilitation Hospital is spending $4.8 million on a 9,471-square-foot upgrade that will add 10 beds, boosting the hospital’s number of licensed beds to 50. That project is expected to be completed by early 2009.

There will always be a need for nursing homes acknowledged the new owners of Homebridge.  According to the owners they will dedicate a part of their facility to long-term nursing care.  Boone County has three nursing homes, according to the Illinois Department of Public Health Web site, and there are 29 nursing home facilities in Winnebago County.  Read more about the transformation of this Belvidere, Illinois nursing home here.

How Feasible Is Home Based Nursing Care?

We've heard how home based nursing home care may be a great alternative to nursing homes. How realistic is it for the disabled and elderly to rely on home-based nursing care in their own homes? Can we really afford to provide an in-home-nurse for each person who requests one?