A nursing home in Iowa, previously cited for inadequate staffing, is now facing a second wrongful-death lawsuit. The family of a 58-year-old resident who died five days after entering the facility in 2022 is suing the nursing home, two staff members, and the corporate parent, seeking damages for wrongful death, medical malpractice, and negligent hiring and supervision.
The family claims the resident died during a temporary admission intended for rehabilitation following a leg amputation. Four days after his admission, he experienced breathing difficulties.
A certified nursing assistant (CNA) noticed the resident gasping for breath and sought help from a registered nurse (RN), who was occupied with medication rounds and directed the CNA to consult a licensed practical nurse (LPN). The LPN, also busy, delayed assessing the resident, during which time he fell from his bed and went into cardiac arrest.
The CNA found him on the floor and called for assistance. The LPN began chest compressions and directed someone to call 911 but then left to search for a crash cart. Meanwhile, the staff struggled to locate the crash cart, and the CNA attempted chest compressions with an ineffective technique, using one hand while holding his phone with the other. A police officer eventually took over, and paramedics arrived more than an hour after the resident first showed signs of distress. He was taken to the hospital, where he died the following day due to delays in care, according to the lawsuit.
State records indicate that the Iowa Department of Inspections, Appeals, and Licensing cited the nursing home for failing to provide appropriate medical care. The lawsuit seeks damages for the resident’s pain and suffering due to the negligent care provided by the nursing home.
Compliance Perspective
Issue
Quality of care is a fundamental principle that applies to all treatment and care provided to facility residents. According to F658 nursing facilities must provide services in line with the comprehensive care plan, meeting professional quality standards. Additionally, facilities must ensure adequate nursing staff with appropriate competencies and skills to deliver necessary services for resident safety and well-being, aligning with resident assessments, individual care plans, and the facility’s resident population characteristics per F838 requirements.
Discussion Points
- Regularly review and update facility policies and procedures to ensure they are designed to result in provision of quality care. Confirm that all services provided meet the requirements of residents’ comprehensive care plans, promoting high-quality care and resident safety.
- Ensure staff receive thorough training on essential skills, including CPR and knowledge of emergency protocols, such as the location of the crash cart. This training is vital for maintaining professional standards and preparing staff to respond effectively during medical emergencies.
- Implement regular audits to verify that staffing levels meet resident acuity needs and that staff are following established protocols for delivering safe, quality care. These audits should also assess staff readiness in emergency situations, ensuring they are equipped to respond appropriately.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*
