Signs Of Nursing Home Abuse
Signs of abuse. There are a number of different warning signs of nursing home concerns that a resident is not receiving adequate health care. In many cases, these warning signs will go unnoticed until it is too late. In other cases, these warning signs are simply brushed off by family members and friends. And, in even more cases, these warning signs are hidden behind closed doors. Whatever the case, it is important to be on the lookout for any signs of nursing home abuse or neglect. Nursing homes are supposed to be a place of support and security; however, this is not always the case. If you notice any warning signs that a nursing home is not up to standard, then it is important to contact an elderly abuse attorney immediately.
Physical Signs of Nursing Home Abuse
Physical signs can often be a great indicator of abuse. If your loved one is showing any of these symptoms, it could be a sign of neglect or abuse:
• Bed sores/ pressure sores
• Torn clothing or personal items
• Constant falls and traumas
• Excessive weight loss or weight gain
• Fecal/urine smells
• Pale complexion
• Lack of personal hygiene
• Presence of dirt, lice, fleas, etc.
• A change in personality
Signs of Nursing Home Abuse, Neglect or Inadequate Care
There are a number of cases where the neglect or abuse is not as easy to recognize as the physical signs. One of the best ways to understand if a nursing home is providing adequate care is to understand the Minnesota Nursing Home Resident Bill of Rights. Some of the signs that neglect or abuse is taking place may include:
• Lack of staff members and lack of service provided
• Rudeness of staff members
• Lack of entertainment facilities
• Lack of patient morale
• Lack of proper diet, nutrition and lifestyle facilities
• Lack of proper heating or cooling
• Lack of proper hygienic cleaning
Signs of nursing home neglect are not always obvious. If possible, attend the resident’s care plan meetings and assure that the treatment ordered by the physician in the resident’s care plan is up to date and performed on a timely and professional basis. If concerned file a complaint with the Minnesota Department of Health concerning alleged abuse, neglect or financial exploitation.
Realizing that your loved one may be in danger and may not be receiving the utmost quality of care can make you feel anger, helpless and confused. You most likely will not know what to do or who to turn to for help with this injustice. This is why it is so important to contact a qualified elder home abuse lawyer to help assess the situation and work on the case.
Contact and Experienced Attorney
If you or a loved one has suffered an injury from neglect or abuse in a nursing home or other care facility that serves the elderly in Minnesota, please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact Attorney Kenneth L. LaBore, directly please send an email to KLabore@mnnursinghomeneglect.com or call Ken at 612-743-9048.
Disclaimer
Answer: According to CMS Medicare/Medicaid:
“Neglect,” is defined at §483.5 as “the failure of the facility, its employees or service providers to provide goods and services to a resident that are necessary to avoid physical harm, pain, mental anguish or emotional distress.” Neglect occurs when the facility is aware of, or should have been aware of, goods or services that a resident(s) requires but the facility fails to provide them to the resident(s), that has resulted in or may result in physical harm, pain, mental anguish, or emotional distress. Neglect includes cases where the facility’s indifference or disregard for resident care, comfort or safety, resulted in or could have resulted in, physical harm, pain, mental anguish, or emotional distress. Neglect may be the result of a pattern of failures or may be the result of one or more failures involving one resident and one staff person.
Answer: According to CMS Medicare/Medicaid:
- A facility’s assessment to determine what resources are necessary to care for its residents competently;
- The provision of sufficient numbers of qualified, trained staff based upon the facility’s assessment and as needed to meet resident needs;
- An effective orientation, training, and evaluation program, which includes, but is not limited to, nursing home resident care policies specific to resident’s identified care needs, resident care requirements based upon assignments and duties including types of services and treatments required for each resident, and other interventions necessary to meet a resident(s) needs;
- Oversight and monitoring of staff performance including conducting performance evaluations for direct care staff (nurse aides), and how weaknesses or training needs are addressed;
- Oversight and monitoring of contracted services or services provided under arrangement;
Resident care policies and procedures to ensure that the facility provides care and services in accordance with current standards of practice, that address resident’s diagnosis, and that provide clinical and technical direction to meet the needs of each resident admitted; - Sufficient amounts of food to meet dietary needs;
- Availability of medications and supplies necessary to provide care;
- Implementation of an infection control and prevention program that includes staff procedures for care including hand hygiene, standard and transmission based precautions, including use of PPE;
- A safe and sanitary environment;
- Provision of sufficient clean linens;
- Adequate and appropriate equipment and devices and other available technology, including procedures for how to use, clean, maintain and store equipment; and
- If admitted, the provision of specialized services for residents who require rehabilitation services, dialysis, respiratory therapy (mechanical ventilation or oxygen therapy), IV therapy, and hospice.
Answer: According to CMS Medicare/Medicaid:
• Failure to provide sufficient, qualified, competent staff, to meet resident’s needs;
• Failure to provide orientation and/or training to staff;
• Failure to provide training on new equipment or new procedures or medications required for the care of a specified resident or required due to changes in acceptable standards of practice;
• Failure to oversee the implementation of resident care policies;
• Failure to provide supervision and/or monitoring of the delivery and implementation of care;
• Failure of staff to implement resident interventions, even when residents are assessed and interventions are identified in the care plan;
• Failure to identify, assess, and/or contact a physician and/or prescriber for an acute change in condition, and/or a change in condition that requires the plan of care to be revised to meet the resident’s needs in a timely manner;
• Failure to ensure staff respond correctly to medical or psychiatric emergencies;
• Failure to implement an effective communication system across all shifts for communicating necessary care and information between staff, practitioners, and resident representatives;
• Failure to monitor and/or provide adequate supervision to assure that
environmental hazards are not present including but not limited to:
o Access to hot water of sufficient temperature to cause tissue injury;
o Non-functioning call system without a compensatory action;
o Improper handling/disposal of hazardous materials, chemicals and waste;
o Infestation by insects/rodents;
• Failure to provide adequate monitoring and supervision, if smoking is allowed;
• Failure to meet financial obligations for the delivery of care and the maintenance of the facility (e.g. payment for staff, utilities, contractors);
• Failure of the Quality Assurance and Assessment committee to develop and implement appropriation action plans to correct identified quality deficiencies;
• Failure of administration to effectively and efficiently use its resources to attain or maintain the highest practicable physical, mental, and psychosocial well-being; and
• Failure to provide oversight of medical services that are provided in the facility.