Lawsuit Filed Against Nursing Home in Mother's Death

An Illinois man has filed a lawsuit against a nursing home in the premature death of his mother. 66-year-old Neida Niles died after a fall in 2007.  The suit claims that the nursing home did not properly assess her risk of a fall and did not treat the bed sores and skin infection that developed because of the fall.

Neida Niles was a resident of the Prairie Village HealthCare Center in Jacksonville, IL when she fell during a routine dialysis treatment in April 2007. The suit alleges that the nursing home did not properly assess her fall risk and take proper precautions to prevent her from falling. 

In addition to her fall, Niles developed bed sores and a skin condition when she was bed ridden following the fall. Bed sores, also known as pressure sores or pressure ulcers, occur when a person lies on one part of their body for a long period of time. Nursing homes are supposed to regularly turn bed ridden residents to prevent them from occurring. The development of bed sores is usually a sign that residents are not being turned properly.

Falls and bed sores are both problems that frequently occur because of inadequate staffing levels and improper training of staff. Prairie Village HealthCare has a history of both problems and the suit claims that this was a contributing factor in Niles' death. According to a Medicare report, which gave the facility the lowest possible rating, an average nursing home resident receives 42 minutes of registered nurse care per day, but residents at Prairie Village only received 14.

For more information on nursing home abuse and neglect, please visit the Nursing Home Advocates.

Topics Discussed in this Post:

Falls in Nursing Homes

Bed Sores/Pressure Ulcers

Improperly Trained Staff in Nursing Homes

Family Wins $19M in Nursing Home Abuse Case

A nursing home in Brooklyn that neglected a 76-year-old man and caused him to get more than 20 bedsores will be required to pay nearly $19 million to the victim’s family. 76-year-old John Danzy lost nearly 100 pounds and suffered from a serious infection as a result of his bedsores after six months of staying at the Brooklyn Queens Nursing Home. It was also discovered that the nursing home had doctored records to cover up their neglect. As a result, the jury awarded $3.5 million for pain and suffering and $15 million in punitive damages for the doctored records.

Bed sores are one of the most common and most serious results of nursing home neglect. They are caused when a patient is forced to lay or sit in the same position for a long period of time. Nursing homes are required to turn or move patients on a regular basis to prevent bed sores from occurring and keep records of these movements to ensure that they are done properly. Bed sores can erode skin and cause holes in the body and lead to serious infections and even death. If you have a loved one in a nursing home, you should check for bed sores and ask to see records to ensure that bed sores are not developing.
 

Pressure Ulcers (Bed Sores) are preventable and are Evidence of Poor Care

Pressure ulcers, also known as bed sores, are an all too common occurrence in nursing homes. Fortunately, however, they are always preventable with good basic nursing care.

What Are They?
Pressure ulcers are caused by unrelieved pressure to the skin which compresses underlying blood vessels causing multiple levels of tissue damage and tissue death.

Patients who are permitted to remain in bed or in a wheelchair for an extended period of time get pressure ulcers. This is because their skin is compressed between the bed mattress or wheelchair cushion and the underlying bone structure.

The most common pressure ulcer locations are the back of the head, the spine, low back (sacrum), buttocks, heels, hips, knees and ankles.

They Go From Bad To Worse
Pressure ulcers are diagnosed as “Stages” based on their severity. They start as red marks and are classified as Stage I.

These are the easiest pressure ulcers to eliminate by merely turning and repositioning the patient at regular intervals in order to relieve the pressure.

If the patient isn’t turned and repositioned, the pressure ulcer moves to a Stage II, where the skin is blistered and broken.

Once again, the nursing staff, by turning and repositioning the patient, can stop the progression of the pressure ulcer and allow the skin and tissue to heal.

Failing to address the pressure at this stage permits the ulcer to progress to Stage III, which means that more tissue underlying the skin will die enabling the wound to deepen until it reaches close to the underlying bony structures.

Continued unrelieved pressure will cause the wound to deteriorate ever further until it reaches Stage IV, which is where healthy tissue is destroyed down to the bone.

Open pressure ulcer wounds are breeding grounds for infection. Many of the infections, in Stage IV pressure ulcer wounds, result in blood poisoning (sepsis) and patient death.

Preventable, Preventable, Preventable
Pressure ulcers are preventable with good basic nursing care, nothing extraordinary, just plain old fashioned basic nursing care.

However, nurses and nurse aides have limits as to the number of patients they can properly care for at any given time. Corporate failure to provide enough nurses and nurse aides (short staffing) accounts for the explosion in the number of pressure ulcers in nursing homes.

The Government Stops Paying Hospitals for Preventable Pressure Ulcers
Beginning October 1, 2008, Medicare stopped paying hospitals for hospital-acquired pressure ulcers. Medicare prohibits hospitals from billing patients for these costs.

Medicare calls these hospital-acquired pressure ulcers “never events” which means these pressure ulcers are preventable and should never occur to hospital patients.

Hopefully, Medicare will impose a similar non-payment regulation on nursing homes where most of the facility-acquired pressure ulcers occur.

Our Next Article
Our next article will discuss the importance of nutrition to the life expectancy of nursing home patients.

The “Guardian Blog” will provide information to help both families and professionals assess and improve the quality of nursing home care in Arizona and the Guardian Blog will encourage dialogue with and among its readers.