Nursing Home Neglect

Bed sores, also known as decubitus ulcers, are a major problem in nursing homes. Far too often, nursing homes fail to timely and adequately treat bed sores. A bed sore will continue to get worse and additional sores may develop. If you believe your loved one is suffering from bed sores, it is a good idea to take pictures and raise your concerns to the staff so that you can hopefully get your loved one treatment and document the change in condition over time. Nursing homes have been known to “lose” and hide important medical records when litigation arises.

Malnutrition is a lack of nutrition caused by not eating enough, not eating enough of the right food, or not being able to use the food that is eaten. It is the responsibility of the nursing home to make sure your loved one is eating appropriately. Pursuant to 42 CFR § 483.60, a nursing home “must provide each resident with a nourishing, palatable, well-balanced diet that meets his or her daily nutritional and special dietary needs, taking into consideration the preferences of each resident.” The nursing home must do this using a qualified dietician or other clinically qualified nutrition professional. Nutrition is extremely important, as malnutrition can lead to other serious medical issues and conditions.

Fractures in nursing homes can be a clear indication of physical abuse by nursing home staff or other residents. The most likely cause of a fracture in a nursing home is trauma. The most likely cause of trauma is often evidence of physical abuse or a fall. While falls may not result from physical abuse, they can ultimately result from a failure on the part of the nursing home to implement adequate safeguards and oversight. While it may seem that as our loved ones get older, they are more likely to suffer falls, this does not negate the responsibility of the nursing home to implement adequate safeguards to prevent falls. These safeguards can include removing trip hazards, securing rugs and floors, removing clutter, using nightlights, using non-slip mats, using railings and grab bars, and implementing the use of walkers and wheelchairs.

Medication errors in nursing homes are extremely common and come in many forms. 7,000 to 9,000 people die each year from medication errors. According to the National Coordinating Council for Medication Error Reporting and Prevention, a medication error is defined as “any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the healthcare professional, patient, or consumer.” In 2022 and 2023, the Tulsa, Oklahoma nursing home lawyers at Toon Law Firm successfully handled a wrongful death lawsuit that involved a nursing home resident receiving another resident’s medication.

Medication errors occur when a patient receives the wrong medication, the wrong dose, or medication at the wrong time. A medication error can occur because the doctor prescribed the wrong medication or dose, the nursing home ordered the wrong medication or dose, the pharmacy filled the wrong medication or dose or the provider administered the wrong medication or dose. Nursing homes are required to have numerous safeguards in place to prevent medication errors. However, some nursing homes are poorly run and either do not have these safeguards in place, or staff ignores them because the nursing home does not allow the necessary amount of time to follow the safety rules.