Newsletter Issue No. 08

Can Nursing Home Reform Stop Nursing Home Failures?

Are actions being taken against negligent in nursing homes leading to a reform of the industry?

When the public's attention is raised regarding terrible circumstances, the public usually becomes very outraged. Much of the reason for this sentiment is that the public wishes that negative and unfair situations be corrected. Case in point, the public is finally becoming aware of nursing home failures and abuse. This is no minor problem as such abuse has led to severe injuries and even death. Probably the most famous example of this will be the notorious Saint Rita's Nursing Home tragedy in the aftermath of the Katrina hurricane.

Too often, the public will demand that legislators take action in place laws in place to make requirements for proper care mandatory. Also, they will request punishing mechanisms in the forms of criminal charges against those who are negligent when treating those in their care.

In many instances, increasing the penalties for nursing home failures can lead to a number of nursing homes correcting their problems. However, there will always be those entities that simply are resistant to doing the right thing. This is where civil litigation provides the best mechanism for reform.

To put it more bluntly, the massive losses a nursing home could face as a result of civil damages can send a ripple effect through the nursing home management community. After all, nursing homes are designed to turn a profit. If the nursing homes are constantly hit with legal bills and civil damages they would not be able to stay in business. As a result, they will clean up their proverbial shop and reduced instances of nursing home failures and neglect. No, this will not happen in all instances but will have a noticeable effect on the industry as a whole. This is why it is always important to utilize the legal process as a means of implementing reform and correcting wrongs.

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Nursing Homes and Bed Sores

Nursing home abuse takes many forms including the delivered infliction of bed sores due to neglect.

What is the purpose of a nursing home? This may seem like a relatively simple question to answer. After all, the obvious purpose of a nursing home is to look after a resident. But what really is meant by "looking after" a resident? For some, it means that the health and welfare of the resident must be safeguarded. If not, then the potential for nursing home abuse is possible. For others, it may mean simply keeping the resident out of trouble. One such way of keeping a resident out of trouble involves simply leaving the resident in his or her bed for extended periods of time. This is an extremely unhelpful way of looking after a resident. The reason for this is that if the patient is left in the bed for great lengths of time without moving them then the ability to develop bed sores is possible.

Bed sores are hardly a minor problem. Lack of movement can lead to the inability for blood to properly circulate. This can lead to a multitude of problems not the least of which is a major infection. This infection can lead to a number of complications. In some instances, if the infection of the bedsores becomes severe a limb may have to be amputated. As terrible as the sounds, the situation is completely avoidable. Had the nursing home been able to reposition the individual lying in the bed, and then the onset of the terrible calamity he could have been avoided.

Purposely leaving a resident to succumb to the ravages of bed sores is outright nursing home abuse. Therefore, it is not of the question to file a nursing home abuse case against a residential facility that is so obviously indifferent to those in its care. Such nursing homes are often the recipients of legal actions and deservedly so. They are facilities that simply do not place a high regard in the care of their residents.

Fire Safety can be a Form of Nursing Home Failure

Fire safety is critical for nursing home care since it protects the life of the residents.

When we think of nursing home safety we often assume that such safety refers to proper care of those under the charge of the nursing home. This is the correct assumption but many people still possess a very narrow viewpoint of what is proper care. Yes, proper care does refer treating the patient's right as well as feeding them and providing them with their medication. This is all understandable an expected. However, there are other aspects to nursing home care that many people do not think of. One such example would be paying attention to proper fire safety and avoid nursing home failures.

That is, it is important at the nursing home has installed working fire alarms to notify the staff and residents of it any emergency fire situations that occur.

It would also be beneficial that these fire alarms are the types of alarms that will automatically call the fire department when discharged. Also, proper maintenance of these fire alarms must be undertaken on a regular basis. That means the batteries in the fire alarms must always be in proper working order and regular testing of the alarms should take place. When a deficiency is notice in the alarms then the alarms either must be replaced or fixed.

While this may sound very simple (and, actually, it is very simple) there will be those out there that are grossly negligent in this regard. Sometimes, the nursing home may make an oversight. However, there really is no excuse for lacking in safety as far as fire alarms go. This is why any tragedies that result from improperly maintaining fire safety can result in negligence suits.

Tales of nursing home failures abound when it comes to fire safety. This is why it is important being ever diligent in maintaining the safety of the residents of the homes. When the safety is not provided and severe injuries occur civil action should be undertaken.