Monday, June 10, 2013

Nursing Home Failed to Report the Negligence of It's Employees


A nursing home in Wood River, Illinois was accused of failing to act on the part of its employees, resulting in the death of a patient. The estate of this former resident has filed suit against the nursing home following the former resident’s death.

The suit claims: the nursing home failed to make sure that its residents were safe, failed to report the negligence of its employees, along with a number of other assertions related to the wrongdoing and misconduct of the nursing home and its employees. The defendants include the nursing home owners, a doctor, a nurse practitioner, and three affiliated corporations. The deceased was admitted to the nursing home after receiving treatment for a surgery. Blood results were sent to the nursing home, yet there is no record of the results being received or delivered. A day after the results were sent, the nursing home resident was transferred to a local hospital where doctors diagnosed the patient with increased swelling and shortness of breath. When the patient was transferred back to the nursing home two days later, the patient was immediately remitted to the hospital where doctors diagnosed the patient with generalized edema, respiratory distress, and congestive heart failure. 

An independent doctor hired to review the records noted in a signed statement that he believes there is a case against the defendants. He stated that the practicing doctor made note of patients swelling in the legs, but failed to mention it in an assessment and plan section of a report. In addition, he stated that the doctor and nurse practitioner failed to order a work-up – thorough medical diagnostic study – to investigate the cause of the increasing swelling. The reviewing doctor also noted that the patient was not referred to a specialist, and that no further progress notes were made. An interesting part of the suit is the failure of the nursing home employees to acknowledge blood work results that were sent to the home; these results indicated low serum sodium levels. Low serum sodium levels are associated with what is known as hyponatremia, an electrolyte disturbance in which the sodium ion concentration in the serum is lower than normal.[1] The doctor’s at the hospital diagnosed the patient with generalized edema, respiratory distress, congestive heart failure, and signs of liver failure. Many medical illnesses, such as congestive heart failure and cirrhosis of the liver, are associated with hyponatremia.[2] There may be an underlying correlation between the patient’s medical illnesses, the death, and the nursing home employee’s failure to look into the patient’s blood results. According to the Illinois Department of Public Health, the nursing home in question has had prior nursing home violations. In 2007, the nursing home was sent a notice of Type “A” Violation.[3] Under the Illinois Nursing Home Care Act, a Type “A” violation is a violation thereunder which creates a condition or occurrence relating to the operation and maintenance of a facility that (i) creates a substantial probability that the risk of death or serious mental or physical harm to a resident will result therefrom or (ii) has resulted in actual physical or mental harm to a resident. Then in 2011, the nursing home was sent a notice of Type “Repeat B & B” Violations.[4] A Type “B” violation as defined under the Illinois Nursing Home Care Act means a violation which creates a condition or occurrence relating to the operation and maintenance of a facility that is more likely than not to cause more than minimal physical or mental harm to a resident. [5] These two violations could further add to the credibility of these claims. Nursing home violations are public information that can be accessed through the Illinois Department of Health’s website: http://www.idph.state.il.us/about/nursing_home_violations/quarterlyreports.htm.
The article that this post review came from The Telegraph. The original article was written by Sandford J. Schmidt on Monday, June 10, 2013. It can be found at http://www.thetelegraph.com/news/local/article_7e1e8168-d16e-11e2-b1da-001a4bcf6878.html

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[1] Hyponatremia. MayoClinic.com. Retrieved 2013-06-10.
[2] Mange K, Matsuura D, Cizman B, et al. (November 1997). “Language Guiding Therapy: The Case of Dehydration Versus Volume Depletion”. Ann. Intern. Med. 127 )9) 848-53. PMID 9382413.

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