Virginia Nursing:Family Member Guide to Nursing Homes

By John Roney


I most often get this question when I tell someone I just met that I am a malpractice attorney and file law-suits, on behalf of residents and families, for nursing home negligence. Well, what exactly is nursing home negligence? To begin, let us discuss the word "negligence." Webster's dictionary states that "negligence" is a noun and is the "failure to act with the prudence that a reasonable person would exercise under the same circumstances. " Webster also defines negligence as "the trait of neglecting responsibilities and lacking concern."

Date / time of visit. Location - where your loved one was upon arrival. Complaints - stained clothes, sheets, food problems, no water? Write the complaints down. Notify staff - make a written and verbal complaint to the charge nurse. Write down her name, and what she said would be done about the problem. Follow up - next time you are there and ask the nurse what has been done. Ask to see the chart where the corrected action should have been documented. Document Your Complaints; If the problem continues take photographs; send a letter to the nursing home administrator requesting a conference. Ask that staff receive further training. Ask to see the facility's policies and procedures (you have this right under the Virginia Administrative Code) and compare what the staff is doing with what is required by the facility's policies and procedures.

Elopement - when residents have left the facility alone, unattended, often times wandering away from the nursing home into dangerous situations, like traffic, into parking lots, etc. Pressure Ulcers - when residents have not received proper skin care, nutrition, hydration, and turning resulting in large bed sores or pressure ulcers begin to form. These ulcers/sores most often develop on heels and the sacrum (bottom) of elderly residents and can allow infection to directly enter blood stream; Resident on Resident Abuse - from physical to sexual assaults, we have seen too many cases where residents have caused harm to other residents;

What to do if a Fall Occurs: if a fall occurs immediately go the facility. Ask for the name of individual who found your loved one. Where was the fall? What was he wearing? Was there medical equipment involved? Write all of this down. Who examined your family member to assess their status after the fall? Who determined that no injury occurred? Did a roommate witness the fall? Follow up with the charge nurse - ask what is being done to prevent another fall. Ask to attend the Fall Committee's next conference when your family member is being discussed. Also, consider the context of the fall - what time of day? Where were they going? Had they asked for help? Do they have the ability to ask for help? Is your family member taking any new medications which may cause dizziness? What if Your Resident Stops Eating: We hear staff say all the time - "we tried to get her to eat, but she refused." Is that true? What is the facility policy? I am certain the policy doesn't say, "if resident refuses to eat discontinue attempts." It likely requires staff to provide an alternative or supplement until the resident gets needed calories. Malnutrition can lead to the development of decubitus ulcers and prevents existing decubitus ulcers from healing. Review the chart. Can your loved one see to eat? Can he or she feed themself? What about the food - will he eat what you bring? If so - tell the Virginia Nursing and ask them to chart it. Patient refusal is a big excuse given by facilities when problems occur.

Discuss supplements, intravenous nutrition, energy bars - there are ways to get needed calories in. Is the physician aware? Make him aware. There are too many possible problems in a nursing home setting to anticipate or touch on here. However, it is important to be a diligent family member who takes notes and knows about the care provided, including who is providing the care. Also, VISIT, VISIT OFTEN - bring other family, ministers, anyone who will go. A supportive family can mean the difference between good care and poor care.




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