Posted On: March 5, 2009

Nursing Home Negligence and Abuse: Just Who’s Minding the Store?

In our previous blogs on nursing home neglect and/or abuse, we emphasized the ailment most frequently associated with nursing home neglect, namely decubitus ulcers, commonly known as bedsores.

Though bedsores get the most publicity, there are many other serious medical outcomes resulting from nursing home neglect. This blog will focus on two (2) such outcomes: 1) injuries from falls; and 2) injuries resulting from failure to monitor eating limitations of elderly residents.

I. Falls in Nursing Homes. Of the approximately three million people who spend some time in nursing homes each year, most are elderly and may have actually ended up in a nursing home in the first place because of complications resulting from a fall at home. In addition, individuals who reside in nursing homes are generally more frail because of their generally advanced age, have poor eyesight and/or hearing, and suffer from chronic conditions such as diabetes. Many nursing home residents also suffer from senility, dementia, or Alzheimer’s.

Statistics compiled from clinical studies confirm the fact that nursing homes falls are not a rare event. For example, studies conducted by LZ Rubenstein and his colleagues demonstrate that as many as 3 out of 4 nursing home residents fall each year, or put another way, about two times as many nursing home residents fall each year as compared to adults living in the community. Other studies have shown that while 5% of adults 65 and older live in nursing homes, nursing home residents account for about 20% of deaths from falls in this age group. See Ref. 1.

Of course, as with any statistical results, the results must be viewed against the backdrop of the fact that individuals who reside in nursing homes are generally more frail because of their generally advanced age, have poor eyesight and/or hearing, and suffer to a greater extent from chronic conditions such as diabetes relative to their non-nursing home counterparts. Those residents who are not totally confined to a wheel chair will generally have difficulty walking and bending and have gait problems. Just being confined to beds and wheel chairs may in and of itself result in muscle atrophy and weakness, thereby making the elderly resident more susceptible to falling, for example, when moving from a bed to a chair. Moreover, the many nursing home residents who suffer from senility, dementia, or Alzheimer’s are often medications which affect the central nervous system, thereby making them further susceptible to falls. See Ref. 2. In other words, the typical nursing home resident is not living at the facility for fun and games but because of genuine old-age related health issues.

Most nursing homes are for-profit institutions. As with any for-profit institution, the management makes decisions concerning the funds they will spend on operating their institution. One would hope that the decision-making process would be based on the safety and health requirements of the very people they are licensed to serve, namely elderly adults no longer able to take care of themselves because they are suffering from a variety of limitations and ailments, both physical and mental.

Since falls frequently occur in nursing homes as a consequence of these limitations and ailments, the ideal nursing home facility will be pro-active in taking steps to try and prevent falls to its residents. The Centers for Disease Control states that “[f]all prevention takes a combination of medical treatment, rehabilitation, and environmental changes.” One of best ways to prevent falls would be to ensure that the staff members are formally trained on and educated about fall risk factors and prevention strategies on a scheduled basis. See Ref. 3. It is the day-to-day staff that has the most interaction with the facility’s patients, not high level managers ensconced in some suite of offices often off-site. Such staff members should of course also be trained and monitored in the detection and prevention of bedsores. And of course, the nursing home institution should hire a sufficient number of staff members to meet the needs of their elderly residents.

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