A wrongful death lawsuit alleges an Illinois nursing home resident fell six times under the facility’s care which eventually caused his death. The plaintiff, acting as independent administrator of the estate of the resident, filed the wrongful death lawsuit, citing negligence and recklessness.
According to the lawsuit, the resident was known to be at high risk of falls and needed supervision for his daily living. Despite this, the lawsuit states that between Feb. 13, 2021, and Sept. 19, 2021, the resident suffered falls on six separate occasions.
On Sept. 19, 2021, the resident fell and was transported to a nearby hospital where he was diagnosed with a hip fracture and had to undergo surgery. The lawsuit alleges that his injuries and his surgery contributed to his poor health which caused his eventual death on Jan. 22, 2022. According to the lawsuit, the resident experienced a deterioration of physical and mental health, a loss of dignity, poor quality of life, unnecessary pain and suffering, and ultimately died as a result of the nursing home’s negligence and carelessness.
The plaintiff is seeking damages in excess of $50,000, plus attorney fees, court costs, and any other relief the court deems proper.
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. If a fall occurs, the resident must be assessed thoroughly, and the plan of care updated to reduce the likelihood of future falls. The physician should be notified promptly of all falls, and if a change in condition occurs, the physician must be notified immediately. Failure to prevent falls can be considered provision of substandard quality care, and may result in an immediate jeopardy citation, 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 meet 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, person-centered, 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.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
