Wheelchair Crash Results in Lawsuit

The Times-Tribune reported a lawsuit filed on behalf of former Jewish Home resident Elizabeth LaCoste against the Scranton nursing home, claiming aides were negligent when they left Mrs. LaCoste unattended in her wheelchair, which rolled away and crashed, throwing her onto the street. Mrs. LaCoste suffered a broken collarbone, a head injury, bruises and abrasions.

The preventable incident occurred after Mrs. LaCoste and several other residents had been driven from the nursing home to center city Scranton to watch a musical performance. Sometime between 1 and 1:30 p.m., Mrs. LaCoste was left alone and unsupervised in her wheelchair on a sidewalk that pitched toward Spruce Street. The wheelchair rolled toward the street and jumped the curb, heaving her out of the wheelchair and onto the street.  She suffered significant injuries and died months later.

 

Fall Prevention and Restraints

Chicago Tribune had an article about the Joint Commission's new campaign to help prevent falls in health care settings and in nursing homes. Millions of Americans are injured in falls each year, and many of them are preventable with proper supervision and safety devices.  The Joint Commission's new campaign includes brochures on prevention tips. These are things like exercise to improve balance; turning on lights when entering dark rooms; and getting help before trying to get out of a bed.

The commission's president, Dr. Mark Chassin, points out that falls can cause life-threatening injuries and can even be fatal. And he says following these simple precautions can really help.

Restraints are not typically used in nursing homes.  However, in some situations restraints are necessary to prevent a fall incident.  The percentage of nursing home patients with restraints fell to 5% in 2007, down more than half from 1999, according to a recent report from the Agency for Healthcare Research and Quality.

Roughly 11% of all nursing home patients had restraints at the end of the last decade, according to the 2009 National Healthcare Disparities Report from AHRQ. Restraint use was at 6% in 2006.

Nursing home residents who are physically restrained for long periods are prone to pressure sores and other problems, such as chronic constipation or incontinence as well as emotional problems, according to AHRQ.

 

 

 

Smart Room Technology

Amarillo Globe News had an interesting article about new technologies at Texas long term care facilities to help care for Alzheimer's patients and give them more freedom.  The article mentions The Garden at Childers Place and its "plush accommodations".  The 20-bed "neighborhood," preferred over the term "unit," was built in 2007 and recently became a state-certified facility for Alzheimer's patients.

Childers Place is now one of four Amarillo facilities that are state-approved for Alzheimer's patients. The other three are: Ussery-Roan Texas State Veterans Home, Ware Memorial Care Center and Windflower Nursing, a part of Craig Methodist Retirement Community. All four combined have capacity for 155 patients.

Alzheimer's disease is a progressive and fatal brain disorder affecting 5.3 million Americans, the majority of which are 65 or older. The disease also is the most common cause of dementia, a mental disorder characterized by loss of memory and other intellectual abilities, according to the Alzheimer's Association. More than 80 percent of dementia cases are attributed to Alzheimer's.

Childers Place is operated by the Bivins Foundation. Residents living in one of the neighborhoods can move into The Garden if their condition deteriorates or they need more assistance. The layouts of the three communities are the same, allowing for as smooth a transition as possible.

The facility can only be entered by key-card access, required by the state. The wing is divided into two sections, with 10 rooms down each hallway. Each room has its own bathroom and shower, and residents are encouraged to outfit it with their own furniture.  Each section has its own communal living room, immaculately set with furniture and a fireplace. A communal kitchen also is available and equipped with staff-operated safety features to avoid any harm to residents.

The use of technology is likely the facility's greatest asset. Motion sensors in the room alert the nurses' station and pagers can notify staff members if a resident leaves a room. A resident who needs to use the restroom at night need only get out of bed, and a weight sensor placed in the bed gradually turns on lights in the room and bathroom. The lights turn off whenever the patient returns to bed. Residents who need help getting to the restroom are a fall risk, and staff members are quickly alerted so they can come to help.

"The smart-room technology keeps staff from hovering over a patient, and it gives them more freedom," Hendley said. "It really cuts down on (patient) anxiety."

 

 


 

New Definitions of Infection

Standard definitions of infections for use in long-term care facilities would be helpful, both as guidelines for surveillance and as outcome measures for studies of infections and infection control in these facilities.  A new set of definitions was developed at a consensus conference held in January 1989 and subsequently revised by a modified Delphi technique involving consensus conference participants.

Discussion at the conference was based on definitions developed at Yale University (Checko P, et al., unpublished manuscript) and revised by the Co-operative Infection Control Committee1 and on detailed reviews of these definitions written by a sample of 62 infectious disease physicians,
geriatricians, infection control practitioners from long-term care facilities, and authors of published
research in the field. They are intended specifically for use in facilities that provide homes for elderly residents who require 24-hour personal care under professional nursing supervision.

Settlement in fall/pressure ulcer case

Levin & Perconti reported on their blog that they helped the family of a victim of nursing home abuse in their settlement against the Mercy Health Care Rehabilitation Center, securing a $690,000 settlement for the 87-year-old victim's family.

The victim was initially admitted to the nursing home after suffering a stroke that caused her some left-sided weakness. When she entered the nursing home she required supervision and needed assistance with activities. She was known to be a fall risk. However, despite the nursing home’s knowledge of her fall risk, they allowed her to fall. She suffered a right femur fracture which was treated with a brace. While still in the nursing home’s care, she suffered a skin breakdown from the brace rubbing against her leg. This breakdown still went untreated by the nursing home staff and the victim developed Osteomyelitis. The combination of the fracture and the infection contributed to the victim’s death seven months later, according to the settlement report.

The nursing home negligence complaint alleged that the defendant nursing home failed to appropriately develop, implement or revise a care plan to address the decedent’s fall risk and failed to ensure that the decedent received proper supervision to prevent falls. It also stated that after her fall, the nursing home failed to provide preventative measures to avoid the development of skin breakdown, and failed to provide the necessary treatment and services to promote the healing of the decedent’s skin breakdown.

Broken femur leads to lawsuit

The Madison-St. Clair Record had an article about a lawsuit filed on behalf of Wealthie Lee Lockett against The Lincoln Home and Weiss Management Group for acts of negligence resulting in a broken thigh bone.  The lawsuit contends that employees continuously violated Lockett's rights from Jan. 18, 2008, through her death on Dec. 18, 2008.

During her stay at the nursing home, Lockett sustained a comminuted left femur fracture, among other injuries, causing her to suffer severe and repeated pain, mental anguish and emotional distress and to become further debilitated and disabled. Employees at The Lincoln Home failed to evaluate Lockett to ensure she received adequate supervision, failed to provide her with adequate care, failed to provide her with immediate treatment by trained personnel, failed to notify her physician of significant changes in her physical condition, failed to ensure that they established a nursing care plan based on her needs, failed to provide necessary services to maintain Lockett's highest state of well-being and failed to appropriately update her plan following her fracture.

Weiss Management, which owned The Lincoln Home, also allegedly performed a number of negligent acts, including its failure to operate the home in such a way that provided Lockett with adequate supervision, its failure to operate the home in such a way as to protect Lockett from neglect, its failure to properly monitor its employees and staff, its failure to screen and evaluate the references of nursing staff, its failure to terminate employees at the home who were known to be careless and incompetent, its failure to provide nursing personnel duties consistent with their education, its failure to prevent and correct problems at the nursing home and its failure to discharge its legal obligations, the suit states.

 

Fatal Fall

The Orange County Register had an article about the lawsuit filed on behalf of Oliver J. Shrock who was neglected at Kindred Healthcare Center of Orange.  The nursing home was fined $85,000 for their neglect and maltreatment.

Oliver J. Shrock's death on July 18, 2009 – four days after he suffered a fall and fatal head injuries  was labeled by the state as an "AA" citation – the worst violation that the state can issue against a skilled nursing facility.  The state concluded that the center disregarded Shrock's safety by not listening to the family's warnings, and not implementing safety measures, such as the use of a bed alarm.

Shrock's daughters, Kathleen S. Sakoguchi and Deborah Anne Whitman, sued the center and its former owner, Kentucky-based Kindred Healthcare Operating Inc.. Shrock's family told the center that Shrock – who was dependent on staff for most needs – was at high risk for falls, according to the lawsuit.

He fell soon after arriving at the center, but wasn't injured significantly. The center installed a bed alarm to help prevent future falls and placed mats on the floor to limit possible injuries.  But these measures weren't always in place when Sakoguchi visited her father, and she repeatedly had to tell staff to attach the bed alarm. The fall that caused his death happened on July 14, when Shrock was preparing to go home.

"A nurse assistant discovered Shrock on the floor bleeding from his head and she did not know how long he had been lying on the floor,'' according to the suit.  Shrock was taken to a hospital, and died four days later.

 

Lawsuit involving fall

ChicoER.com had an article about a lawsuit  filed against Windsor Chico Care Center by  Virginia White, a resident who claims the staff's negligence led to a fall that caused significant injuries.  
White was living with her grandson, Donald White, because she needed so much help with activities of daily living. In August 2009, Donald White needed to go to San Francisco for medical tests, and he arranged for Windsor Chico Care Center to take care of her in his absence.

Donald White carefully explained to nursing-home administrators how his grandmother needed help when moving from place to place or going to the bathroom.  When moving about with her walker, she needed two people to assist her, one in front and one in back, to guard against falls.

On Aug. 14, less than a week after she was admitted to Windsor Chico, Virginia White fell and was hurt.  She had called for help to go to the bathroom, and one certified nursing assistant came to her aid and helped her get to the bathroom.  Contrary to Virginia White's care plan and the doctor's orders, the assistant left her standing in the bathroom. White fell forward, hitting her neighbor's bathroom door and falling into her neighbor's room, face first on the floor.

She sustained "a multitude of facial fractures."   Virginia White was admitted to an acute-care hospital where she spent four days. Then she was transferred to an acute-care rehabilitation facility to recuperate. Finally, she was transferred to another nursing home for long-term care.

The suit alleges that Windsor Chico Care Center was at fault by, among other things, failing to carry out all written orders and failing to employ enough nursing staff to meet the minimum daily requirement of the law.

 

 

Failure to investigate, notify, or recognize fractures

The Daytona Beach News-Journal had a tragic story about a 76-year-old resident at a DeLand nursing home who went for 12 hours without treatment after she broke her shoulder and both her legs in a preventable fall.  The incident under investigation started when a patient fell out of bed at 5 a.m. Friday as her bedding was being changed.  The patient, whose identity was withheld by police, was put back into bed after the fall. But it wasn't until after the next shift came on -- at 4:42 p.m. -- that emergency workers were summoned to attend to her injuries. She was taken to Halifax Health Medical Center in Daytona Beach where she was admitted.

The incident is under review by the Agency for Health Care Administration, which is charged with overseeing 31 nursing homes. Records with the state agency show that at its last inspection in October, nine deficiencies were cited at the facility that is owned by Graystone Healthcare Management, which operates 28 nursing homes in Florida, Indiana and Ohio. Among the citations: accident hazards and food storage.

 

12 Most Common Medical Errors (And How to Prevent Them)

Ashley M Jones wrote on the Pharmacy Technician Certification blog the following article on the 12 most common medical errors and how to prevent them.  Many of these errors occur in nursing homes every day.

According to the National Academy of Sciences, medical errors injure millions of people each year and cost billions of dollars annually in increased health costs. And this does not take into account lost wages or productivity costs. If that isn’t frightening enough, the Institute for Healthcare Improvement estimates that more than 238,000 hospital deaths among Medicare patients between 2004 and 2006 were due to medical errors that could have been prevented.

With healthcare reform front and center in political discussions, but little coming from it, patients are left to rely on their overworked physicians and other caregivers for reliable services. To best avoid becoming part of the statistics, become part of the solutions by knowing the 12 most common medical errors and how to prevent them.

1. Medication Errors : The most common of medical errors, luckily it can be one of the most preventable. Errors include assigning a medication due to improper information such as allergies, other medications taken, previous diagnosis, and others. A medication error can also include lack of up to date warning or miscommunication due to poor handwriting. There is also confusion among drugs with similar names or dosage, and this effects all drugs including prescription, over the counter, vaccines, etc. The best way to avoid this medical error is to know what you’re taking, how much, and what you can’t take. If unable to remember, bring all of your medications to the doctor or hospital with you.

2. Bad Communication :  Have you been going to the same doctor for years? That doesn’t mean that he or she knows or will remember everything about you. The second most common medical error results from poor doctor/patient communication. With loads of tests and labs, doctors will not always remember every test you have, so it is up to you. The Agency for Healthcare Research and Quality lists the ten questions every patient should ask their doctor, along with many other useful tips. You can even go there to build your own personalized question list.

3. Infection : They may seem clean, but hospitals are one of the most likely places to receive an infection. Given the high incidence of people with infections, workers who can become contaminated, and the fact that many patients enter the hospital with weakened immune systems, infection can be a serious problem. If staying at a hospital, be sure to avoid a doctor’s tie, ask him or her if they have washed their hands since visiting the last patient, and be sure to wash your own often. This article reports on the incidence of high IV infection rates. If you receive one, be sure to monitor for signs of infection and ask for a new one if suspicious.

4. Falls : Because on so many new drugs, patients cannot predict how they will react to them, causing a fall, which is another leading common medical error. In fact, ten percent of falls for the elderly occur in hospitals. Patients who have other mobility issues like a broken leg, walker, or cane, can also find the clean hospital floors more slippery than those at home. If you think you need assistance standing and walking, contact the nursing staff. Be sure and allow 10-20 minutes for a response, as they may be busy assisting others stand and walk.

5. Surgical Errors : Because surgery is scary enough when everything goes right, it is vital to prevent errors before, during, and after. These can include wrong site, wrong procedure, and even wrong patient surgeries. Although there are new procedures in place to reduce these common medical errors, you can still do your part. Speak to your surgeon about the procedure you are having, why you are having it, and what the surgeon will be doing during the surgery. Also know the rules in place to avoid surgical errors: 1. The surgeon must sign the incision site with the patient awake. 2. Use only a signature and not a confusing “X.” 3. The entire surgery team must stop and perform a checklist before beginning the procedure.

6. Pharmacy Errors : You don’t have to be in a hospital to be a victim of a common medical errors. With dozens of patients each day, pharmacies can also make errors on your medication. In fact, according to this article from CNN, 30 million Americans are the victim of outpatient medication errors each year. Although some are minor and can be caught easily by most patients, others are not. To best prevent medical errors of this sort, know what your doctor prescribed and how much when going to the pharmacy. Also, be sure to be honest with the pharmacist about other medications and drugs you are taking to ensure that there is no harmful interaction.

7. Lab Errors : Another facility with many patients and tests in one spot, common medical errors can occur here as well. These can also be truly devastating by leading to wrong diagnosis and wrong treatment, while the initial disease continues. Types of common errors can include MRI or CT taken incorrectly, samples taken incorrectly, or results misinterpreted. If you feel your lab results are misleading, you are within your rights to ask for another lab test to confirm.

8. Treatment Errors : If you feel your diagnosis was reached correctly, a common medical error can still happen during treatment. Because many doctors have been practicing for decades, it is not unusual for them to be using outdated procedures. Be sure to ask why you are having the treatment, how long the doctor has been doing them, and if there are any alternatives. This website is full of guidelines for treating many common illnesses.

9. Follow Up Care : When discharged from the hospital or clinic, be sure and know what your follow up care is and what to expect from it. If you are given a specific amount of medication and told to take it all, take it all. Just because you feel better halfway through, doesn’t mean you are better. Ask the facility who to contact if you have follow up questions on your at home care. This link also has more on what to do.

10. Birth Injuries : It may be the most joyous time in your life, but birthing a child can also lead to medical errors. The most common can result in serious injuries such as cerebral palsy and paralysis. Women who are most at risk include those with large babies, prematurity, prolonged labor, and more. To best avoid these injuries, do research on the place you would like to have your baby in. Check several hospitals in and outside of your area. See the incidence of birth injury and, if possible, read reviews by other mothers who gave birth there.

11. Bring Family : This is vital to avoiding common medical errors. If you are too ill to answer or too tired to protest, an informed family member is your best bet to sidestepping a common medical error. They can answer questions about medications, do reviews of your current and future care, and lift spirits. Make sure they also read these 12 most common medical errors and how to prevent them. Click on this link to get more rules for family members visiting at a hospital.

12. Don’t Wait Until It’s Too Late : With healthcare costs on the rise, many patients believe they can save money by putting off the doctor’s visit. However, this can actually have the opposite effect as the worse a disease gets, the harder and more expensive it is to treat. This decision can also be deadly with the wrong disease going undiagnosed or treated. If you have no insurance, find a Take Care Clinic. Visits start at $65, which is far cheaper than many primary care visits out of pocket. They are also doing free blood glucose testing for the month of February.

If you have any questions regarding the above 12 most common medical errors and how to prevent them, ask your physician. The best way to not become lost in a system like so many million before you is to be your own best advocate. Know your rights both as a patient and an insurance holder. If you don’t have insurance, there are still many resources for you, along with many useful tips for those who do have it.
 

Poliakoff & Associates, P.A., is one of South Carolina’s most respected and distinguished law firms. The Poliakoff firm began nearly 60 years ago by three attorney brothers: Matthew, J. Manning, and Bernard. With a history of believing the justice system...More...