An Iowa nursing home is being sued for wrongful death because a resident was allegedly not strapped into a whirlpool tub chair as recommended by the equipment’s manufacturer. The lawsuit, filed earlier this month, alleges that the resident died due to staff negligence.
On the morning of Feb. 20, 2021, the resident fell from a whirlpool tub chair as a certified nurse aide (CNA) finished bathing him. According to the lawsuit, he slipped off the chair because the CNA had not secured him with a safety belt that was recommended by the tub’s manufacturer.
The resident suffered multiple cervical fractures and a fractured nasal bone and died at a nearby hospital approximately 12 hours after the accident occurred.
The CNA said she had worked at the facility for four years and was never trained on using a belt for the whirlpool chair. She said she had never seen her coworkers use a belt when she assisted with transfers. Another CNA said she was only trained on using belts with the whirlpool tub after the fall incident.
The lawsuit seeks an unspecified amount of damages from the facility.
Compliance Perspective
Issue
F689 states that the resident environment must remain as free of accident hazards as possible, and each resident should receive adequate supervision and assistance devices to prevent accidents. The requirement includes identifying and evaluating hazards and risks, implementing interventions to reduce hazards and risks, monitoring for effectiveness, and modifying interventions when necessary. High quality and safe resident care should be the top priority when providing nursing home services. All staff should be well trained and knowledgeable in the policies and procedures that ensure implementation of high quality, safe care. Failure to prevent falls can be considered provision of substandard quality care, and may result in an immediate jeopardy citations, fines, and lawsuits.
Discussion Points
- Review policies and procedures for resident safety, including fall prevention protocols, to ensure that they provide evidence-based interventions to reduce injuries and falls. Also review your policies and procedures for reporting and documenting incidents/accidents to ensure they include current requirements.
- Train all appropriate staff on resident safety policies and procedures, documentation, and reporting requirements. Document that the trainings occurred, and file the signed documents in each employee’s education file.
- Periodically audit care plans to ensure that they are appropriate and contain evidence-based interventions to keep residents free from injury, that interventions are revised as needed, and that staff are informed of changes. Audit your incident/accident reports to ensure that all issues where reporting is required were managed timely with appropriate follow-up, and that documentation is complete. Conduct annual competency evaluations of all staff on their appropriate use of resident equipment.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
