No Training Will Prevent Situations Involving Stupidity From Occurring At Some Nursing Homes

Recognizing that staff may lack training in certain areas essential to patient care, many nursing homes have begun to implement training programs at their facilities to help teach proper protocols-- and hopefully improve patient care.  While the training can be quite effective in terms of improving the satisfaction of patients and prevention of medical errors, no amount of training will suffice in order to prevent situations involving harm to patients stemming from a basic lack of common sense or carelessness.

I began thinking about how many common errors involving injuries to patients in nursing homes derive not from improper medical care-- but from an even more alarming situation--- when staff fail to utilize some of their basic sensible skills that they (hopefully) have accumulated over the course of their lives.  

After seeing a news blurb about the death of a patient at a California nursing home--- I truly wonder how some people not just obtained advanced degrees--- but made it past the fourth grade!

While I'm certain there are many, many, deaths at nursing homes every day, I strongly doubt that there many deaths as senseless as one involving the passing of an 81-year-old patient at Seton Medical Center who died from suffocation when a nurse tending to her left the cap on breathing tube that was placed into the woman's trachea.  

Following an investigation into the incident by the California Department of Public Health, the agency determined that at the time of the incident, the nursing home did not have a policy in effect for properly inserting the breathing tube--- commonly known as a 't-piece'. 

Policies are great when it comes to complex issues or discretionary acts, but remembering to remove the cap on a patient's breathing tube? Come on, if the staff member involved in this incident can't remember to remove the cap to a breathing tube, do we really want to given him / her another shot caring for disabled patients after they have had an opportunity to review a policy?

Related Nursing Homes Abuse Blog Entries:

What Good Is Medical Technology When It Is Not Used Properly?

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

Failure To Clean Trach Tube Leads To Lawsuit

Nursing Home With History Of Problems Now Faces Wrongful Death Lawsuit Related To Poor Care of Patient With Tracheostomy Tube

Nursing Home With History Of Problems Now Faces Wrongful Death Lawsuit Related To Poor Care of Patient With Tracheostomy Tube

tracheostomyWe've spent a fair amount of time talking about nursing homes on Medicare's Special Focus Facility (SFF) list, which can be simply referred to as a compilation of the country's worst nursing homes.  

As the name implies, nursing homes appointed to the SFF list faced heightened scrutiny with more frequent inspections due to a pattern of improper care and patient neglect.

Assuming facilities improve the care they provide to their patients, they can graduate from the list.  For facilities not inclined to make the necessary changes, an uncertain future faces them as continued problems could result in cuts in funding from Medicare--- the lifeblood of most nursing homes operational budget.

As a lawyer who has worked on matters involved inadequate care at a special focus facilities, I can readily attest to how many of these facilities SFF designation is well deserved by ongoing episodes of inadequate care involving horribly neglected patients.  

In case you assume that nursing homes designated as SFF's are facilities being singled out for a mere episode of poor care, I suggest you take a look at some of the care documented in the Detroit Free Press's article, "Borgess Gardens nursing home in Kalamazoo faces lawsuit over death."  

The thrust of the article concentrates on a disturbing incident involving a 51-year-old patient who died after her tracheostomy tube became entangled in a bed rail as she was receiving care from a staff member.  However, what makes the incident even more disturbing is the fact that the patient required hospitalization seven times over the year preceding her death for poor care of her trach tube.

Reviewing state inspection reports, the Free Press article chronicles how inexcusable problems plague Borgess Gardens (a Michigan nursing home)--- even after the facility was cited for the above incident.  Several months after the patients trach tube became entangled, staff at the facility seemingly solidified Borgess Garden's place on the SFF list when several staff members pried a patient's severely contracted legs apart in order to insert a catheter--- causing severe damage to the muscles and ligaments in the legs.

While Borgess Gardens has apparently re-dedicated itself to providing better patient care by hiring a new administrator and creating a special lab for staff to work on skills with training mannequins--- I can only think of how these improvements are seemingly too little, too late for the patients who have suffered because of this facilities.

Related Nursing Homes Abuse Blog entries:

Special Focus Facilities: The Worst Nursing Homes Of All

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

Tracheostomy Care: Suctioning

Failure To Clean Trach Tube Leads To Lawsuit

What Good Is Medical Technology When It Is Not Used Properly?

ventilatorWith all of the great strides we have seen in the field of medicine, one can only hope that patients in medical facilities are better off today than their peers were in the past.  However, as will all types of patient care, technologies have little use when not in the hands of properly trained and skilled workers.

A reminder of just how crucial staff training is to the patient care experience comes from the headlines in California when staff at Community Hospital of San Bernardino elected to disconnect an alarm on a ventilator needed by a patient with breathing difficulties.

According to a report from the California Department of Public Health, the California Nursing Home made multiple errors related to the death of the who requiring breathing assistance.  The investigation revealed that:

  • An alarm on the ventilator machine used to detect abnormal readings was intentionally turned down by staff members, making the alarm inaudible
  • The facility failed to train staff on how to care for ventilator patients
  • Staff failed to check on the patient every four hours as required under the facilities protocols
  • Even after staff noted a change in the patient's respiration rate, they failed to monitor any changes

The errors with respect to the care of this ventilator patient resulted in a AA citation and an $80,000 fine.  Read more about this incident at a California Nursing Home here.

Related Nursing Homes Abuse Blog Entries:

Nurse Facing Criminal Charges After Intentionally Neglecting Ventilator Patient

Elderly Patients Are At Higher Risk For Developing Aspiration Pneumonia When Facilities Fail To Account For Patient Needs

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

Nursing Home Spotlight: Galesburg Terrace

The August 12, 2010 survey completed by Illinois Department of Health personnel paints a disturbing picture of the care provided to patients at Galesburg Terrace nursing home in Galesburg, IL.  In particular, major safety problems were found with patients who require tracheostomy and/or ventilator care. 

Observation of patients and individual charts revealed a facility teetering on the edge of disaster with vulnerable patients continually not receiving the skilled nursing care set forth in their care plans and as prescribed by their doctors.

Amongst the surveys disturbing findings:

  • Patients' oxygen levels going unmonitored resulting in dangerously low oxygen levels
  • Staff failing to monitor patients on ventilators
  • Delayed suctioning of patients with fluid build-up in their lungs
  • Dislodged tracheostomy tubes
  • 'High risk' patients placed in 'intermediate care' settings at the facility
  • Medical complications never communicated to patients physicians

After reading through the survey of Galesburg Terrace, it is apparent that staff at the facility are both inadequately trained to treat patients who require specialized care and there are simply too few of them in the first place.

On several occasions surveyors requested confirmation of certain staff members credentials with respect to specialized care-- yet the licensure and certifications were never provided.

An interview conducted with an employee at the facility confirmed that some nights only one nurse was available to care for an entire wing of patients at the facility.  In particular, during the earlier morning hours staffing levels were so thin that it was physically impossible for him to provide the necessary care to all of his assigned patients. 

By the nurses own admission the staffing levels were 'unsafe' as many of the patients he was caring for could 'crash' at anytime and there would be no additional nurses available to assist.  

As a result of the findings in the August 12, 2010 survey, the Illinois Department of Health issued a 'Type A' violation and a $25,000 against Galesburg Terrace.

Related Nursing Homes Abuse Blog Entries:

Failure To Clean Trach Tube Leads To Lawsuit

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

Nursing Home Fined For Negligent Care Of Resident On Ventilator

Sputum Color As Indicator Of The Quality Of Nursing Care

Galesburg Terrace, August 12, 2010 Survey (PDF)

Nurse Facing Criminal Charges After Intentionally Neglecting Ventilator Patient

Perhaps Abiodun Oke should be shoveling asphalt or a similar occupation where a person's compassionate side is not necessarily crucial to the job?

On the other hand, as a licensed practical nurse (such as Mr. Oke)--- or really any profession responsible for caring for the elderly-- I would suggest have substantial dose of compassion as they are the ones who are responsible for providing the daily care necessary for some of the most fragile members of society.

The reason I suggest that Mr. Oke look for a more physical type of work is that he faces criminal charges relating to the neglect of an 81-year-old Pennsylvania nursing home patient.  In addition to suffering from dementia and pneumonia, the patient was also ventilator dependent.

Specifically, it is alleged that on August 13, 2009, Mr. Oke intentionally walked out of the room of a ventilator patient he was responsible for caring for and refused to re-attatched her ventilator tube.

The incident was reported to authorities and nursing home management by a respiratory therapist at the facility who witnessed the incident and stepped in to reattach the patient to the respirator.  When confronted by the respiratory therapist, Oke said, "I connected her twice, now I want to see her suffer" as the patient began to turn blue from the lack of oxygen.

In addition to the testimony from the respiratory therapist, prosecutors also have a video showing Mr. Oke in the hall of the facility.

Surely, criminal issues aside, the world would be better off without people like Mr. Oke responsible for providing hands-on care to such a vulnerable group.

Related:

Nursing Home Fined For Negligent Care Of Resident On Ventilator

Elderly Patients Are At Higher Risk For Developing Aspiration Pneumonia When Facilities Fail To Account For Patient Needs

PA Nursing Home Lawsuit Claims Facility Failed To Supervise & Implement Wheelchair Precautions

Nurse charged with neglect, By Keith Phucas Times Herald, January 24, 2011

Nursing Home Injury Laws: Pennsylvania

Illinois Nursing Home Lawsuit: Delay In Care Resulted In Leg Amputation & Eventual Death Of Patient

A nursing home negligence lawsuit was filed by the husband of a patient at Maple Ridge Care Center, following the alleged poor care she received at the facility in 2009.  The lawsuit alleges that 63-year-old Carol Harrison was admitted to Maple Ridge for rehabilitation and ventilator care following surgical complications at local hospital.

Staff at Maple Ridge Care Center allegedly failed to monitor the fact that Mrs. Harrison developed deep vein thrombosis in her leg which eventually required amputation and hastened her death. 

The Illinois nursing home lawsuit is currently pending in Macon County Circuit Court.

Deep Vein Thrombisis (DVT)

Deep vein thrombosis is a potentially fatal medical complication that staff in nursing homes and hospitals should be on the lookout for.  People with limited mobility may be at heightened risk for developing DVT due to their compromised circulation.

Some patients at risk for DVT may be prescribed blood thinners such as Warfarin to reduce the chance of blood clots.  Common indicators of DVT in a leg is swelling and discoloration of the limb.  When these conditions are discovered, it is imperative that nurses notify the patients physician so medical treatment can be timely implemented to avoid further medical complications.

Related News and Nursing Homes Abuse Blog Entries:

Never Event #5: Deep Vein Thrombosis / Pulmonary Embolism Following Surgery

A Graphic Example Of Nursing Home Negligence: Amputation Of A Leg Due To Untreated Bed Sores

Lincoln nursing home sued over care of resident by Dean Olsen, The State Journal Register, January 13, 2011

DVT: Web MD

Deep vein thrombosis extremity amputation (PDF) By Richard A. Yeager, MD, Gregory L. Moneta, MD, James M. Edwards, MD, Lloyd M. Taylor, Jr., MD, Donald B. McConnell, MD, and John M. Porter, MD, Portland, Ore.

Illinois Department of Health: Maple Ridge Care Center

Elderly Patients Are At Higher Risk For Developing Aspiration Pneumonia When Facilities Fail To Account For Patient Needs

I'm not sure if it's matter of inadequate staff training or simply a manifestation of inadequate staffing levels to meet patients needs, but the number if cases involving aspiration pneumonia is on the rise.

Aspiration pneumonia occurs when you aspirate foreign matter (usually food or vomit) into your lungs. Elderly adults are particularly susceptible to aspiration pneumonia because they are more likely to suffer from predisposing factors (including illness or disease that compromises the ability to swallow) or they might be too weak to cough, which can let foreign material enter the windpipe, allowing bacteria to enter the lungs. This can result in severe lung infections, which can require hospitalization, especially in older adults who are already weak because of age, illness, or disease.

Aspiration pneumonia can be caused by:

  • stomach content entering your lungs after you throw up;
  • a brain injury or other condition that affects your normal gag reflex;
  • diseases such as ALS (amyotrophic lateral sclerosis), Parkinson’s disease or strokes, which can make swallowing difficult; or
  • throwing up when passed out due to over-medication 

There are two types of aspiration pneumonia syndromes:

  • Chemical pneumonia (CP) – aspiration of gastric acid
  • Bacterial pneumonia (BP) – aspiration of bacteria from the mouth and throat
  • Aspiration of gastric acid can cause acid burns when the stomach acid passes down the windpipe, which can leave lung tissue vulnerable to infection. 

Bacterial pneumonia occurs when a person suffers from an illness or condition that compromises their ability to cough or swallow (see causes above) and aspirates foreign material allowing bacteria to enter the lungs, resulting in infection. 

Chemical pneumonia usually has an acute onset, with symptoms occurring within a few minutes to two hours of the aspiration event. Symptoms include: respiratory distress, rapid breathing, wheezing, fever, and cough with pink or frothy sputum. Bacterial pneumonia, on the other hand, has a sub-acute onset, with symptoms occurring after a couple days to weeks after the aspiration event. Symptoms include: bad breath, putrid odor of sputum, fever, and weight loss. 

Aspiration pneumonia is a serious concern in the elderly. This is because swallowing is a complex activity, requiring coordinated opening and closing of the mouth and lips, chewing while inhaling and exhaling, mixing saliva with food, moving food to the back of the tongue, and having the swallow reflex send food down the esophagus. If any of these steps does not occur properly, you can be at risk of chocking, aspirating, or suffocating. 

The number of hospitalizations for aspiration pneumonia has been increasing, with the largest increase in the very old. From 1991 to 1996, the number of hospital discharges of Medicare patients, whose reason for admission was reported to be aspiration pneumonia, increased by 76% (while the number of elderly persons covered by Medicare grew by less than 7%). 

Nursing home staff must take care to closely monitor the food given to residents who have difficulty swallowing. Usually, thicker, colder liquids are easier to swallow. Thin liquids, including water, can be dangerous because they are difficult to control within the mouth. Straws can help a person swallow by limiting the amount of liquid that can be taken at a time and directing the liquid to the back of the mouth. 

Nursing home facilities can also craft special menus for people with difficulty swallowing so that the food resembles normal food, but still has a soft pureed consistency (for example, chicken cooked and pureed with thickening agent and molded into a chicken leg shape, meatloaf, and casseroles). However, this would require the facility to design different meals for some residents, which would require additional time and efforts, which not all facilities are willing to undertake. 

Nursing home staff should consult the doctor if a resident has difficulty swallowing. The physician might recommend that the resident be placed on a liquid or pureed diet or even use a feeding tube in severe situations. Many residents would probably prefer a diet of solid foods because it is more pleasurable to eat and does not insult their pride by basically having them eat baby food. 

Staff can also have residents who have difficulty swallowing do a “dry swallow” (swallow without any food or liquid in their mouth) after taking a bite of food. However, this requires expensive supervision, which isn’t always possible at crowded nursing homes, where several residents might need monitoring during mealtimes. 

Aspiration pneumonia can result in serious lung infections in elderly nursing home residents. Many of these residents already suffer from underlying illness or disease, which makes it more difficult for them to fight infection. Infections can be dangerous and often require hospitalization. Therefore, nursing home staff should take extra precautions to prevent aspiration pneumonia in order to maintain the best possible health of residents. 

Sources:

Huntington Disease: Swallowing, Coughing, Choking, & Aspiration Pneumonia

Respiratory Reviews: Is Aspiration Pneumonia Epidemic in Elderly Americans?

eMedicine: Pneumonia, Aspiration

Health Resources: Guidelines Aspiration Pneumonia

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

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

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

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

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

 

Related:

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

Nursing Home Fined For Negligent Care Of Resident On Ventilator

Sputum Color As Indicator Of The Quality Of Nursing Care

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

In nursing homes, residents who have trouble breathing on their own (from illness or weakness) might require a breathing tube.  A breathing tube, or endotracheal tubes can be used for multiple situations where a patient needs assistance breathing, most nursing home patients who require a breathing tube also require the use of a ventilator.  In these patients, a breathing tube and ventilator allows staff to remove mucus from the patient’s lungs and keeps the person alive.

A breathing tube is a plastic tube that is used during artificial respiration to provide a patient with oxygen.  The tube, which is attached to a breathing machine (ventilator) or breathing bag (manual resuscitator), is placed into the trachea (windpipe) through the mouth or nose and is held in place by tape or soft straps.  A breathing tube is usually used only for short periods of time; if a patient requires a breathing tube for more than a couple days, the doctor might recommend a tracheostomy tube (see below). 

A patient with a endotracheal tube,  is usually unable to speak because the tube passes directly through the vocal cords.  This can be very frustrating for residents because it is harder for them to communicate with nursing home staff.  In addition, a patient on a breathing tube cannot eat or drink because it could cause choking.  Instead, the patient has to receive fluid and nutrition through an intravenous (IV) tube or feeding tube.  This makes the patient much more dependent on nursing home staff for everyday activities.

The nursing home staff must take precautions to ensure that the endotracheal tube does not become clogged.  The tube must be suctioned from time to time to remove mucus from the patient’s lungs.  Other complications can occur, including the breathing tube actually becoming displaced and requiring reinsertion.  To prevent the patient from removing the tube, a patient’s hands are often restrained and a mild sedative might be used. 

tracheostomy tube can also be placed into a patient’s throat to help a resident breathe.  With a tracheotomy, a surgeon creates a hole in the front of the neck that goes into the trachea.  A tracheostomy might be required because of an emergency situation where the airway is suddenly blocked or impaired, the resident suffered an injury to the face or neck, or when a resident requires a ventilator for long-term breathing assistance.  

Most tracheotomy procedures are planned procedures performed in a hospital setting, which reduces the risk for complications.  The benefits of using a tracheostomy is that the patient can still talk and it is often more comfortable than an endotracheal tube that is inserted in the mouth and down the throat.

Many nursing home patients require either breathing tubes or tracheostomy tubes due to difficulty breathing and can be a short-term or a long-term solution for a resident.  The nursing home staff must be properly trained to ensure that the tubes remain clean and free of mucus.  Serious complications can occur if the staff allows the residents to become agitated and displace their breathing tubes or if the facility fails to provide regular maintenance to assure a clear airway.

If your family member is a victim of complications involving breathing tubes, I would honor the opportunity to discuss your situation.  As always, our legal services are completely free if there is no recovery for you.  Speak to our experienced nursing home lawyers today.  (888) 424-5757.

Sources:

Endotracheal Tube (http://www.suru.com/endo1.htm)

ICU-USA – Breathing Tube (http://www.icu-usa.com/tour/equipment/ETT.htm)

Mayo Clinic – Tracheostomy (http://www.mayoclinic.com/health/tracheostomy/MY00261

Related Nursing Homes Abuse Blog Entries:

Sputum Color As Indicator Of The Quality Of Nursing Care

Tracheotomy Care: Suctioning

Nursing Home Fined For Negligent Care Of Resident On Ventilator

The California Department of Pubic Health has imposed the maximum fine permitted under the law against Casa Bonita Convalescent Hospital in connection with the death of a ventilator dependent resident.  State regulators issued three citations against the facility for the 2007 death of the 90-year-old resident.  An investigation in the incident by state authorities determined poor care led to the woman's death when staff at the facility intentionally disconnected the woman from a ventilator and shut-off a remote alarm to notify staff of problems with the machine.  Read more abut this California nursing home here.

Sputum Color As Indicator Of The Quality Of Nursing Care

 Who really likes to think about sputum or mucus?  Well, Thomas Sharon, R.N. at legalnurseconsultanttom.com points out that sputum color is an important factor to look at when evaluating the quality of breathing tube care.  Breathing tubes such as tracheostomies and ventilators are a common medical medical conditions for nurisng home and long-term care residents.  

Obviously, these medical condions require ongoing nursing care which is beyond the common knowledge of many nursing home residents and their families.  As nurse Tom discusses in his recent post, nurses must reposition and clean the breathing tube in order to prevent infection and medical complications.  There are many preventable medical complications in respiratory patients that may be easily identified by a family member or friend with common sense.  

Nurse Tom points out that the color and consistency of the sputum is frequently indicative of the quality of nursing care and may be used to identify potiential medical complications such as infection or suffocation.  Futher, the breathing noises are important to pay attention to as well, as congested raspy breathing noises usually demand immediate nursing attention.  

Below is the chart from Nurse Tom's site, demonstrating how to identify respiratory problems from the color and consistency of secretions.

 

Color Consistency Odor Comment
Clear Thin None Within normal limits
Clear Thick None Within normal limits
White Thin None Within normal limits
White Thick None First sign of problem-might be due to dehydration
Yellow Thick None to slight Upper respiratory infection-get the nurse and find out what the treatment plan is
Yellow to green Thick Slight Infection is getting worse-the treatment plan is not working. Find out what they are doing about it
Cream colored Thick Moderate This is purulence (pus) coming from the lungs. Ask the doctor if there is an infectious disease consultant on the case. If not, make a demand for one
Coffee colored Thick and chunky Foul This is likely a dangerous deep lung infection with possible gangrene. Insist on a detailed explanation of the interventions

 

 

 

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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