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Nursing Homes are Expected to Provide Residents with the Care and Treatment They Need, if They Fail, Their Staff and Administrators can be Held Liable for the Consequences of Their Negligence

Posted by on Apr 26, 2017 in Nursing Homes | 0 comments

Nursing Homes are Expected to Provide Residents with the Care and Treatment They Need, if They Fail, Their Staff and Administrators can be Held Liable for the Consequences of Their Negligence

Around 30 to 50 percent of the more than 1.5 million nursing home residents in the U.S. are underweight and about 85% may be suffering from malnutrition or dehydration, based on a study supported by The Commonwealth Fund. (“The Commonwealth Fund is a private foundation that aims to promote a high performing health care system that achieves better access, improved quality, and greater efficiency, particularly for society’s most vulnerable, including low-income people, the uninsured, minority Americans, young children, and elderly adults. (http://www.commonwealthfund.org/about-us)

Two of the major consequences of neglect suffered by nursing home residents are malnutrition and dehydration. These can be due to certain residents being denied food and water (a form of punishment inflicted by nursing home staff) of failure of a facility to make sure that residents’ nutrition needs are met.

Failure of a facility to make sure that it meets residents’ nutrition needs includes: wrong serving sizes being given to residents, resulting to improper nutritional intake; lack of individualized care; staffing shortages and high nurse aide turnover; and/or inappropriate feeding tubes insertions and improper feeding methods which, according to the Centers for Medicare and Medicaid Services (CMS), hundreds of nursing homes are cited for each year.

With regard to specific situations relating to residents, these include: dental problems, which make it difficult for residents to eat certain kinds of food; loss of appetite; certain illnesses, such as diabetes, Alzheimer’s or other types of dementia; swallowing disorder; depression, which often results to appetite loss or refusal to eat; and/or, medication side-effect, which can result to sleepiness, nausea, vomiting, and loss of appetite.

In the website of the Russo, Russo & Slania, P.C. law firm, it is said, “The impact that nursing home negligence can have on the health and well-being of the elderly can be overwhelming. Because of the already fragile nature of many elderly individuals’ health, negligence or mistreatment on the part of nursing home staff can exacerbate medical conditions or lead to the development of serious emotional or physical problems that can take a substantial toll on the well-being of elderly residents.

Nursing homes are expected to provide their residents with the care and treatment they need, so when they fail to do so, nursing home staff and administrators can be held liable for the consequences of their negligence.

Under no circumstances should nursing home negligence be allowed to occur or persist. As such, if your loved one has suffered as the result of any type of nursing home negligence, find out how you can take action against those responsible. A personal injury attorney may be able to help victims of this mistreatment get the justice and compensation they legally deserve.”

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