Nursing Home Malpractice

As the baby boomers reach into the senior citizen categories, more and more nursing homes will be called upon to give them appropriate care. Unfortunately an over worked and or under qualified staff can abuse their positions and act in negligent ways to cause injury to residents. The statistics indicate that one million senior citizens are abused in some manner every year in the United States. The law protects nursing home residents because they have specific patient rights. These rights must be given to new residents by the home in printed form. They include but are not limited to:

• Respect: You have the right to be treated with dignity and respect.
• Services and Fees: You must be informed in writing about services and fees before you enter the nursing home.
• Money: You have the right to manage your own money or to choose someone else you trust to do this for you.
• Privacy: You have the right to privacy, and to keep and use your personal belongings and property as long as it doesn't interfere with the rights, health, or safety of others.
• Medical Care: You have the right to be informed about your medical condition, medications, and to see you own doctor. You also have the right to refuse medications and treatments.

Even with these enumerated and prescribed rights, negligence and physical or mental abuse abounds in the industry. Only you as a loved one can keep an eye on your family member closely. You must watch out for the most common telltale injuries that are suffered most frequently as a result of neglect. These include:

• Falls and fractures
• Physical or chemical restraints
• Malnutrition or dehydration
• Improper, wrong or over-medication
• Bed sores
• Lack of supervision (allowing residents to wander away from the facility)
• Physical abuse or unexplained injury
• Weight gain or loss
• Septic shock
• Gangrene
• Theft of money and personal property
• Unexpected or wrongful death
• Unsanitary conditions
• Untrained or insufficient staff
• Over-sedation
• Abandonment
• Substandard medical care
• Poor personal hygiene
• Defective equipment
• Sexual assault

Federal law clearly states how nursing homes are ultimately responsible for the health, medical care and well being of their residents. A federal bureau, known as the Health Care Financing Administration, oversees and enforces compliance by nursing homes. They can either comply and continue certification and receive funding by Medicare and Medicaid or they can be found negligent and lose these benefits.

It is important that before any litigation is brought, that a thorough investigation must be done. This includes reviewing all medical records and any witnesses , family members or others, to potential negligence. Records of prior investigations by authorities are important to any research into trends of negligence.

Factors which may affect financial damages that may be recovered include: the seriousness of the neglect or abuse by the nursing home and its staff; whether it is part of a larger pattern of neglect and if the damages to the patient both physical and mental can be distinguished from the resident's existing disease process.

Nursing Home Checklist
There are many ways to insure that the quality of care your loved one receives from a nursing home is of the highest caliber possible. The following guidelines for questions and concerns can help you qualify the facilities you are considering.
What to Look for in a Nursing Home
1. Is this a skilled nursing facility?
2. Does the facility offer different levels of care for different levels of need?
3. Is the facility Medicare certified?
4. Is it Medicaid Certified?
5. Do they do background checks on staff?
6. Do they offer abuse prevention training?
7. Do they offer in room video web security?
8. Are travel arrangements and transportation available?

Skilled Nursing Care:
This is generally available and or needed for a short period of time after hospitalization.

Custodial Care
Long periods of care.

Be sure to check the requirements and fees for each and the credentials of the care-takers at each level.

Medicaid Facilities
May offer longer term but less intensive levels of care. Nursing Homes that don't accept Medicaid payment may make a resident move when Medicare or the resident’s own money runs out.

How to Check Up on the Nursing Home
1. Ask about the medications given and their various effects and side effects
2. Visit unannounced, especially at meal times
3. Ask for the names of caretakers and make sure everyone knows you have     them.
4. Check up on all personal belongings regularly to be sure they are not stolen.
5. Examine their insurance policies to learn what is covered.
6. Find out how many care-givers they have. How many per shift.
7. Ask about the training offered to care-givers

At Goldstein, Buckley, Cechman, Rice, & Purtz we are a large family of professionals, many of whom have been with the company for decades. We are committed to preventing abuse of the elderly by anyone, especially those who profess to be care-givers. We believe that any party injured due to negligence or abuse is due appropriate compensation for themselves or their family. If you feel that you or a loved one has been victimized by medical malpractice while in the care of a senior citizen facility, call Goldstein, Buckley, Cechman, Rice and Purtz, 334-1146, or fill out a simple case form by clicking here.