Possible Litigation Conditions for Nursing Home Residents

• A Nursing Home resident develops pressure sores or bed sores (Decubitus Ulcers).

• A Nursing Home resident sustains an injury resulting in the need for emergency room treatment or hospitalization.

• A Nursing Home resident requires emergency room treatment or hospitalization and does not receive it or does not receive it in a timely manner.

• Any occurrence of a broken bone, especially a fractured hip.

• Any injury or death sustained during, or shortly after, an episode of wandering (i.e., a confused or disoriented resident "wanders" away from the Nursing Home facility, and the staff is not aware that the resident is missing for some period of time).

• If there are frequent episodes of a resident "wandering" away from a Nursing Home facility even though no injury is sustained and/or if the staff does not quickly and promptly report all episodes of wandering to the resident's family and physician. This is then staff inattention and qualifies as neglect.

• Any injury resulting from restraining (tying down) a confused or disoriented resident.

• Heavy use of medications to sedate a restless, confused, or disoriented resident without frequent supervision and recording of the resident’s condition by nursing staff.

• Heavy medication and sedation is used in place of adequate nursing care, nursing staff, and supervision.

• Failure of the medical staff to regularly review and re-evaluate the usage of heavy medication by licensed nursing staff, pharmacists, physicians, and psychiatrists and to inform the resident's family of the situation.

• Failure of the medical staff to follow accepted safeguards when using heavy sedation, i.e. maintaining a safe environment for the sedated resident, frequent laboratory screening to assure that toxic levels of medication do not exist and physical monitoring of the resident for medication side effects (loss of appetite, difficulty in urination, constipation, etc.).

• Resident sustaining an injury while sedated.

• The wrong medication was given to a resident or the resident fails to receive a prescribed medication.

• Rapid weight loss or weight gain by a resident without physician and family notification and a change in treatment being provided.

• Unexplained or unexpected death of a resident.

• Nursing Home equipment usage results in an injury to a resident.

• One Nursing Home resident injures another resident.

• A Nursing Home resident is injured by or verbally/psychologically abused by a staff member or another resident.

• A Nursing Home resident is sexually assaulted by another resident or a staff member.

• A Nursing Home resident is frequently ill, and the illnesses are not promptly reported to the physician and the resident’s family.

 

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