A Shiloh, Illinois, nursing home has been named in a wrongful death lawsuit alleging negligence contributed to the death of a resident. The plaintiff, acting as administrator for the estate of the resident, filed the lawsuit against the facility and two of the staff, an RN and an LPN.
According to the lawsuit, at the time of his admission, the resident was assessed as having severe medical conditions including dementia, hypothyroidism, coronary artery disease, a previous coronary artery bypass graft, and he required assistance for daily living. The lawsuit states that staff were responsible for providing the resident with appropriate care and assisting him with daily living activities, and they should have known that he was at high risk for falls.
Several months after admission, the resident allegedly fell and was found in his bedroom. He was transferred to the hospital, where he was diagnosed with fractures to his right eye, back, and hip. He was transferred to another hospital for surgery. He died two months later.
The lawsuit states that the resident died as a result of the defendants’ negligence and carelessness. The plaintiff is seeking damages in excess of $50,000.
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 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.
- Establish a stop, look, listen care plan for residents at risk of falls. This means that any staff person passing the room should look into the room, listen for problems as they pass, even if it is not someone on their assignment that day and the resident has not called for assistance. Train all appropriate staff on resident safety policies and procedures, documentation, and reporting requirements. Access falls-related training information here. Document that the trainings occurred, and file the signed documents in each employee’s education file.
- Conduct a falls risk analysis for each resident at the time of admission, quarterly with the care plan cycle, and as needed, and implement individualized interventions starting on the day of admission. 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 the responsible party and physician were notified of events appropriately, 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.*
