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Are your loved ones in danger?


Many would agree that the decision to place your loved one is very difficult and surrounded with a myriad of concerns, questions, and fears. People know the risks that can be involved with nursing home care. Below is an article regarding the danger of an understaffed nursing home.

If a factory, a nursing home, or any other business does not have enough employees to do a job, that job cannot be done properly. In health care, the consequence of understaffing can be catastrophic. Understaffing is often the reason nursing home patients do not receive appropriate care-it may be the root cause of neglect and abuse. Despite an employee's best intentions, if he or she does not have time to provide the necessary care, patients will be harmed.

In a nursing home, staff time is directly related to the ability to provide care. Evidence shows that higher staff levels and lower nurse turnover are linked to fewer pressure ulcers, catheterized patients, and urinary tract infections; less antibiotic use; increased probability of discharge; reduced likelihood of death; and improved patient outcomes. Understaffing is associated with high urinary catheter use, poor skin care, poor feeding, malnutrition, dehydration, and low participation in activities.

Inadequate food intake is a major reason frail elderly people die in nursing homes. Feeding patients who need assistance with eating, encouraging patients to remain independent as possible in feeding themselves, and supervising patients at mealtime require substantial staff time. Without it, residents can suffer inadequate nutritional intake, leading to malnutrition, dehydration, and starvation.

Similarly, overworked nursing staff may no have time to keep patients from sitting or lying in one place too long. Patients at risk for skin breakdown require frequent and regular turning and repositioning, often at least every two hours. If the nursing home is understaffed, these patients may not receive the preventive services they need, making their condition more likely to decline.

Government regulators have recognized the danger of understaffing in nursing homes. All nursing homes participating in Medicare must meet certain requirements specified in the Federal Nursing Home Reform Act, which is part of the Omnibus Budget Reconciliation Act of 1987. Those regulations require a facility to have "sufficient nursing home staff to provide nursing and related services to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident."

Nursing homes must have enough staff to provide all necessary care to all patients on a 24-hour basis. Nursing staff includes not only registered nurses but also licensed practical nurses, trained medication assistants, and nursing aides. State statutes and regulations also may specify nursing home staffing standards.

Although the defense will often argue that the regulations do not constitute the standard of care, facilities that participate in Medicare and Medicaid must comply with applicable federal and state regulations-at a minimum. Often, the standard of care requires facilities to exceed that minimum. The Tennessee Supreme Court has held that "proof of violations of federal and state nursing home regulations is relevant in determining whether a defendant nursing home has breached the standard of care."

If you or someone you know has suffered at the hands of a poorly staffed nursing home. Please contact your local Nursing Home Litigation lawyer Attorney Michael S. Weisberg.




Michael S. Weisberg, P.C.
112 College Place
Norfolk, VA 23510
Phone: (757) 622-7740
Fax: (757) 533-9223
Toll Free: (800) 690-0235
Email: info@weislaw.com
www.weislaw.com