Nursing Home Malpractice A Horrifying Reality To Many
Nursing home malpractice is a horrifying form of abuse that is far more widespread than the number of reported cases indicates. Negligence is often found in cases of untreated pain, starvation, and the appearance of bedsores, all of which are signs of poor care. While federal laws are in place that establish the minimum standards of care, approximately 30% of nursing homes across the United States remain guilty of patient abuse.
Nursing home malpractice is commonly the result of under staffing and poor supervision of the facility staff, although there are cases that result from inexperienced or uncaring staff members. The negligence that results from any of these is considered a form of abuse, as poor care is not only physically and emotionally harmful, it can be fatal if it is allowed to continue. For this reason, it is important to recognize the signs that can be indicative of inadequate care.
Bedsores are one of the most commonly seen incidents of malpractice, which are the lesions that form when patients are unable to move or turn to relieve the pressure on certain parts of the body. While beginning as little more than skin sores, they can lead to deadly infections if left untreated. These infections include life-threatening ailments such as sepsis, gangrene, and anemia. The particularly sad part of bedsores is that they are preventable, with the general practice procedures requiring that immobile patients be turned every two hours to prevent bedsores from forming.
Starvation and dehydration are also forms of malpractice that are found in nursing homes, even to the point that the withholding of food and liquid may used to control for residents that have been deemed difficult. Cases of forced isolation have also been noted, which can be mentally and emotionally detrimental to overall health. Allowing pain to go untreated most commonly results from negligence on the part of the staff, as do the injuries that occur from falls or improper restraints. Financial injuries are also considered abuse, and are seen primarily in the form of intentionally requiring illegal compensation from residents or their estate.
Federal laws are in place to establish minimum requirements in terms of the care and quality of life that must be provided by nursing homes. These are federally funded through Medicare and Medicaid, and the Federal Nursing Home Reform Act of 1987 set the minimum standards of care that must be provided in order for facilities to maintain their funding. This includes the Patient Bill of Rights, which states clearly under the Freedom From Abuse and Restraint subsection that residents must remain free from all forms of physical and mental abuse imposed for discipline or convenience. Abuse through negligence can be more difficult to ascertain, although there are a number of resources available when negligence is an issue.
The Federal Health Care Financing Administration is responsible for enforcing nursing home regulations, and it requires administrators to investigate claims of nursing home malpractice. The Licensing and Certification division of each state is also required to investigate every malpractice complaint filed, and they have the power to require that corrective action be taken. As a further measure, each state also has a survey agency that takes yearly surveys from home residents or their family members to determine the quality of the care provided, and the results can often serve as early warning regarding the facilities in which corrective action is needed. Long Term Care Ombudsmen are also available in each state to serve as representatives for home residents to other government agencies, and they can be crucial to improving the care provided. Contact information can be obtained from nursing home administrators, as well as from a number of online resources.
It’s horrifying reality in many nursing home facilities, and it is often found the form of untreated pain, starvation, and bedsores. While there are federal laws in place that set the minimum standards for nursing home care, approximately 30% of nursing homes nationwide remain guilty of abuse. Long Term Care Ombudsman can be an initial contact in cases of suspected abuse, with the Licensing and Certification division of each state providing a second alternative. This division is required to investigate each claim, and has the power to require corrective action. The Nursing Home Reform Act of 1987 was implemented with a focus on quality of life in addition to quality of care, and has become a major stepping-stone in the elimination of malpractice.
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