July 29, 2010

Illinois Nursing Home Reform Bill Signed Into Law

Illinois Governor Pat Quinn signed Senate Bill 326 into law at 2:00 p.m. today. The new legislation is designed to improve the quality of life in nearly 800 nursing homes in Illinois.

Among other things, the new legislation will require nursing home owners to hire more staff members to care for residents, the number of nursing home inspectors will nearly double by 2013, and hospitals would have to initiate criminal background checks prior to transferring patients into nursing homes.

June 11, 2010

Six Common Causes of Bed Sores

In the fifth of our series on 6 common causes of bed sores, Chicago attorney Jonathan Rosenfeld focuses his attention on turning and repositioning. If a nursing home resident or hospital patient is prone to the development of bed sores, that patient must be turned and repositioned regularly. Jonathan addresses that issue in detail today on his nursing home abuse blog. To read his important entry, go here.

June 10, 2010

Contractures and the Development of Bed Sores in Nursing Home Residents and Hospital Patients

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This is part 4 of a series Jonathan Rosenfeld and I are doing regarding 6 common causes of bed sores in nursing home and hospital patients. Today, we are discussing contractures.

What are contractures? People who are physically inactive for long periods of time are at risk for developing contractures. Obviously, many nursing home residents suffer from inactivity due to mental infirmities or physical limitations. As a direct result of physical inactivity and the failure to regularly move a limb or joint through its full range of motion, muscle fibers begin to break down and joints begin to stiffen, which can lead to the affected limb slowly pulling toward the body and becoming rigid. It is not uncommon to see nursing home residents with contracted hands, arms, or legs, oftentimes leaving them in the "fetal position" making it very difficult to give them the care they require.

Are contractures preventable? Contractures are very painful and the process of restoring a person's range of motion can be excruciating. Consequently, prevention is substantially better than restoration. Sadly, many nursing home residents who suffer from contractions do so because some nursing home facilities lack a sufficient number of staff members or the staff members fail to provide the proper preventive measures. To prevent contractures, the nursing staff should properly assess the resident's risk for contractures and implement an individualized care plan. The purpose of the care plan is to make all nurses aware of the methods to use for that particular resident to prevent the resident from developing contractures. Periodically, the resident should be re-assessed and an updated care plan prepared, if needed.

Using the following methods can help prevent or lessen the severity of contractures:

EXERCISE

Range of motion exercises are arguably the most important weapon in preventing contractures. For residents in nursing homes, facility staff need to take the time to properly exercise and stretch the limbs and joints of immobile residents. Passive range of motion exercises (those which involve gently rotating the at-risk body parts clockwise and counterclockwise) should be performed at least twice a day. For example, to prevent hand contractures, each finger should be gently stretched and rotated as far as possible. Properly trained nurses and nurse aides should understand the dangers of contractures, the simple exercises that can be done to prevent them and the short amount of time it takes to perform these exercises. Nurse aides can perform some of these exercises while bathing the individual or while changing their clothes. Physical therapists, obviously, are more aware of the dangers of contractures and the exercises used to prevent them. For those residents at risk of developing contractures, nurses should seek assistance from the physical therapy staff.

POSITIONING

The position of nursing home residents is crucial. If a nursing home resident can sit in a chair, staff should make sure that the resident is properly seated with their feet resting comfortably on a flat surface, such as a foot lift. Dangling feet can lead to "tip-toe" contractures. To prevent leg contractures, the resident should not be allowed to sleep with her legs in a bent or twisted position. Rather, pillows or cushions should be placed between the legs to help prevent contractures.

SPLINTING

Splinting devices can be very useful in helping prevent painful and debilitating contractures. Examples of such devices include special boots and wrist splints can be used to help prevent fingers and toes from drawing up and stiffening. Knee and elbow braces are also an option to help keep those joints from stiffening in place, but will still allow the resident free range of motion.

Contractures can develop quickly and frequently affect the hands, feet, legs, and arms. In the event of a person who has severely contracted, restoration, if possible, can take up to one year and can be an excruciating process of the affected person. Splinting devices can help prevent your loved one from having to go through the pain of trying to reverse contractures.

If you have a loved one who is at risk for contractures or who has contractures, what should the nursing staff do?

According to nurse Suzanne Frederick, "Nurses should follow the nursing process by properly assessing the resident's risk for contractures and implementing an individualized care plan to prevent and/or treat the limited range of motion or contracture. Once a resident is recognized as at risk for contractures through proper assessments, the nursing staff should implement a range of motion exercise program for the resident based on his/her functional ability. The consistent implementation of the range of motion exercise program should be documented in order to evaluate the resident's response to this treatment."

In addition to common sense nursing practices, nursing homes should follow the federal regulations that apply to residents who have or who are at risk for contractures. For example, federal regulation 42 CFR §483.25(e)(2) states:

"Based on the comprehensive assessment of a resident, the facility must ensure
that -- A resident with a limited range of motion receives appropriate treatment and
services to increase range of motion and/or to prevent further decrease in range of
motion."

If you have a loved one who is at risk for contractures or who has contractures, what should you do?

• Insist that your loved one receive stretching exercises twice daily.
• Insist that all necessary preventive devices are used.
• Visit often and make sure that staff members are attentive to the needs of your loved one.
• Be respectful, but firm that your loved one receives the care they deserve.

Unlike some problems and physical limitations that can be easily reversed, contractures are an especially troublesome issue given the difficulty associated with reversing the process. Family members should not hesitate to ensure that their loved ones receive the care they need and are required.


June 9, 2010

Six Common Causes of Bed Sores

In the third installment of our series on 6 Common Causes of Bed Sores, Chicago attorney Jonathan Rosenfeld addresses the important issue of how the lack of cleanliness and incontinence contributes to the development and worsening of bed sores. He also provides 4 important tips to caregivers on how to keep a resident clean and how to reduce the danger to a resident who may be prone to episodes of incontinence.

June 8, 2010

How Does Poor Nutrition Affect the Development of Bed Sores in Nursing Homes?

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This is the second in a six part Series I am doing with Chicago, Illinois attorney Jonathan Rosenfeld on 6 common causes of bed sore development.

Some studies have shows that 35 to 85 percent of nursing home residents are malnourished. The causes vary as to why so many nursing home residents suffer from malnourishment. In most cases, the cause of malnourishment is not that nursing homes don't provide proper diets; in most cases they do. Rather, the root cause appears to be an inadequate level of food intake by the nursing home resident. So, what causes nursing home residents to take in less food than they need? Cognitive and physical impairments can certainly affect a resident's ability to eat. Swallowing disorders (dysphagia), poor oral health, medications, and changes to taste and smell can all contribute to a lack of desire to eat. However, many of these impairments can be overcome with an attentive and active nursing home staff. For example, a 1988 study of nursing home residents determined that 55% had some degree of dysphagia that affected their food intake. Yet, only 22% of those residents had been assessed by the nursing home and referred for evaluation to a speech therapist. In short, nearly 80% of those in the study found to have mild to profound dysphagia were not recognized by the nursing home staff as having any correctable problems with respect to nutrition intake. While the two may seem polar opposites, insufficient staffing within nursing homes can also have a direct effect on nutrition deficiencies of nursing home residents.

In many nursing homes, staff members fall woefully short of standards set forth in the Nursing Home Reform Act of 1987 (also known as the Omnibus Budget Reconciliation Act of 1987 or "OBRA"). While the law requires that the nutritional needs of nursing home residents be met, oftentimes, the results simply do not match the requirements.

It is well known that the lack of adequate nutrition can result in malnourishment which, in turn, can lead to a host of physical and mental problems, including increasing the risk of developing bed sores. (For more general information on bed sores, visit Terry Law Firm, LLC or visit Jonathan Rosenfeld's Nursing Homes Abuse Blog.) In fact, according to nutritionist Janet McKee of Nutritious Lifestyles, Inc., "Involuntary weight loss of 4% or greater is correlated with negative outcomes and the development of pressure ulcers in the geriatric population." When a person becomes malnourished, they tend to lose body fat, which provides a barrier between the skin and bone in our bodies. That barrier allows blood to freely flow throughout the body. When the body fat disappears and pressure is placed on that area of the body, the flow of blood is inhibited. When blood flow is depressed, the skin begins to die, creating the beginnings of a bed sore.

How Can Bed Sores Caused By Nutritional Deficiencies Be Treated?

When nutritional deficiencies are the likely cause of a bed sore, the best way to treat the problem is to fix the problem. Obviously, when a resident has developed a bed sore, the bed sore must be treated by a health care provider proficient in wound care. Nutritionally, there must be a thorough review of the resident nutritional needs, taking into account the nutrients being lost through the wound itself. Janet McKee states that "adequate protein intake is an essential component for skin integrity and pressure wound healing. Accordingly, protein recommendations to promote healing are 1.2 - 1.5 grams protein per kilogram of current body weight." Only the nursing home facilities can arrange for the resident to receive a full nutritional assessment so the bed sore can be properly healed.

One of the big fallacies surrounding bed sores is that once you have one, it is virtually impossible to heal. That is simply not true. With proper nursing care and nutrition, even deep, Stage IV bed sores can be healed.

June 7, 2010

6 Causes of Bed Sores

This week, Chicago Illinois attorney Jonathan Rosenfeld and I are doing a collaborative series on 6 Causes of Bed Sores. Today, on his Nursing Home Abuse Blog, Jonathan addresses Dehydration & The Development of Bed Sores in Nursing Home and Hospital Patients.
June 4, 2010

6 Common Causes of Bed Sores - A Series

Beginning on Monday, June 7, 2010, Jonathon Rosenfeld and I will do a series of blog entries on 6 common factors that result in bed sores. Bed sores are devastating injuries that commonly affect elderly residents in nursing homes and hospitals. In most cases, bed sores can be prevented. However, prevention measures take time, patience, and persistence, all of which require attentive caregivers. All too often, nursing home owners are unwilling to provide the budget necessary to have a sufficient staff that can tend to the needs of nursing home residents, including measures necessary to prevent the development of bed sores.

The six factors that we will address are:

(1) Dehydration
(2) Nutrition
(3) Incontinence/cleanliness
(4) Contractures
(5) Turning and repositioning
(6) Lack of pressure relieving devices

Throughout this blog series, bed sores may be referred to as pressure sores, pressure ulcers, and decubitus ulcers. Keep in mind that each of those terms are usually used interchangeably when discussing bed sores. Bed sores are typically discussed by stages. Stage 1 is the earliest stage of a bed sore and the easiest to correct. Essentially, a Stage 1 bed sore presents as a red spot on the skin, usually over a bony prominence. Stage 2 bed sores usually present as a shallow open wound with a pink bed. If caught quickly, Stage 2 bed sores can easily be healed. A Stage 3 bed sore is an open wound where subcutaneous fat can be visualized. While a Stage 3 wound can have tunneling and undermining, bone and tendons are typically not yet visible. Stage 4 bed sores are the most serious and most difficult to heal. With a Stage 4 bed sore, one can often see the bone in addition to tunneling, eschar and slough. For pictures and more information on bed sores in general, visit the Terry Law Firm website here or Jonathon Rosenfeld's Nursing Home Abuse blog here.

December 19, 2009

Colorado Supreme Court Invalidates Nursing Home Arbitration Agreements

Citing that the power to make medical decision is different from the ability to settle disputes via private system, the Colorado Supreme Court invalidated nursing home arbitration agreements signed by healthcare proxies. The decision was handed down in Lujan v. Life Care Centers of America.

In this case, Estella Lujan was admitted to a Life Care Center in Colorado after her son signed admission paperwork and the arbitration agreement. Three days later, Ms. Lujan died. Her family filed a wrongful death lawsuit against the facility alleging that her death was due to negligence. Life Care Center filed a motion to dismiss stating that the lawsuit should be dismissed due to the signed arbitration agreement.

Since the Colorado Supreme Court ruled against nursing home arbitration agreements signed by healthcare proxies, the Lujan case will continue its procession through the court process and will eventually proceed to trial.

November 13, 2009

Colorado Nursing Home Sued for Elder Abuse

Parkmoore Village Healthcare Center has been sued for allegations of elder abuse.

Paul Johnson cares for his friend, Bill Starkey, and has beeing doing so for at least a year. A few months ago, Mr. Johnson noticed that Mr. Starkey's room smelled like urine, that the call light was on the floor, and Mr. Starkey would not be receiving oxygen as required. When management was confronted about the unsatisfactory conditions, Mr. Johnson was told that they were short-handed and getting a new staff.

On September 14, 2009, Bill Starkey pulled out his catheter and the facility reportedly did not notify Mr. Johnson or a physician. Starkey was sent to the hospital, where he required a blood transfusion to save his life.

Starkey has since been removed from Parkmoor Village and Johnson has filed a lawsuit on behalf of Mr. Starkey alleging elder abuse and insurance fraud.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us with any questions or concerns at (888) 317-2525 or visit us on our website at www.nursinghomejustice.com.

September 20, 2009

Nationwide Crime Ring Targets Nursing Home Residents

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Markinious Ketrell Hartfield


The entire United States nursing home population could be at risk in a new nursing home scam. Colorado has been the most recent target where male thieves dressing as female nurses and entering nursing home and senior living facilities.

The men enter the facilities wearing medical scrubs and then proceed to enter resident rooms and apartments while the residents are eating meals or participating in facility activities. They take the resident's credit cards, which are used at large retail businesses, such as Wal-Mart and Kmart. The thieves have struck at least twenty times since May 2009 and have run up charges on the stolen credit cards estimated betweeen $50,000 to $100,000.

The scam has been seen in Louisiana, Texas, Alabama, Georgia, and Kansas and could possibly be connected to a nationwide crime ring that began operating in April 2009.

The Colorado police have focused on and identified two possible subjects. The first man is Markinious Ketrell Hartfield, who was arrested in Colorado Springs in mid-September and bonded out. Hartfield was convicted in Louisiana in 2006 of crimes similar in nature. The second suspect is a man between 20 and 30 years old of slight build.

August 25, 2009

Colorado Nurse Aide Uses Pillow to Silence Resident

Erinn Hubbard, a nurse's aide at Larchwood Inns nursing home in Grand Junction, Colorado, was arrested on charges of third-degree assault of an at-risk victim and neglect of an at-risk victim. Hubbard allegedly put a pillow over the face of a woman with multiple sclerosis to silence her. Her actions were witnessed by another nurse's aide at the facility.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us with any questions or concerns at (888) 317-2525 or visit us on our website at www.nursinghomejustice.com.

July 30, 2009

"Like Taking the Innocent to Slaughter": Colorado Nursing Home Sued

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Trinidad State Nursing Home, located in Trinidad, Colorado, faces a wrongful death lawsuit arising out of the death of Josephine Sicacca.

Mrs. Sicacca's husband, Frank, and her sons, Jerry and Michael, allege that mistreatment by Trinidad led to her October 24, 2007 death. The lawsuit alleges that as a result of the facility's "knowing and/or intentional actions", Ms. Sciacca suffered and died. More specifically, the lawsuit alleges the following:

- Failure to heal and prevent reopening of a pressure sore;
- Failure to encourage feeding and hydration;
- Failure to treat and prevent stomach pain;
- Failure to maintain and accurately document medical records that were free of tampering and fraudulent documentation.

The Sicacca's attorney, Chip Portales, alleges that the nursing home facility is only interested in receiving their monthly Medicaid reimbursement and has a "you can't touch us attitude". He estimates tha the facility receives approximately $5500 per month per resident.

Wrongful death lawsuits against the State of Colorado are fairly uncommon due to the low cap on potential damages, which is $150,000. The Sicacca's attorney says, "This lawsuit is about accountability and exposing the Trinidad nursing home. Colorado doesn't have a statute that protects the elderly - we should have something. If this occurred in a day care, they'd be locked up."

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us with any questions or concerns at (888) 317-2525 or visit our website at www.nursinghomejustice.com.