The duty of nursing homes is to exercise that degree of care, skill and diligence used by nursing homes in the community. A nursing home does not have to apply the same standard care as a hospital. "Consequently," what is considered negligence in a hospital does not necessary mean it apply to a nursing home. The duty of a nursing homes depend upon the patient's condition. The patient's physical and mental ability is determined by the court (Alcoy v Valley Nursing Homes, Inc., 272 S E 2d 301 (Sup. Ct., Va. 2006). Although treatment of a patient is the physician responsibility, a nursing home can be held liability for transferring a patient that require special precautions to a hospital without informing the hospital of the special supervision. …show more content…
In "Deerings West Nursing Center v. Scott," a nursing home was found liable for an assault performed by a unlicensed aide with a criminal background on a elderly visitor. Under the doctrine of negligent, the only negligence was the employer fail to do a criminal background, and thereby, causing harm to others (Mangolis, 1995).
When a nursing home resident is not capable of providing care for themselves, the nursing home is obligated to supervise care and protect the patients from physical dangerous that may either cause harm to self or others (Mangolis, 1995).
The administrator also stated the nursing home was failed to protect the resident from assault. In assault cases, the court looked to see if the nursing documented anything pertaining to the patient's assailant. The nursing home had no knowledge of the" assailant's violent propensities," so the court look to see if the nursing home might have thought the patient's safety was in jeopardized. If evidence show that the nursing home was aware, then the court look to see did the nursing home exercise care to protect the patient (Mangolis,
Nursing care is a dynamic field of practice. The way it looks today is far out greater intense and very structured. It advances itself by the use of nursing theories and evidence based practice. Policies and procedures constantly change with the advancement of technology and science. While caring for the patient in the given case studies, a nurse involved utilizes practical knowledge, a culture care model and transpersonal caring relationship to attain a caring environment (Smith & Parker, 2015).
The plaintiff in Ard v. East Jefferson General Hospital, stated on 20 May, she had rang the nurses station to inform the nursing staff that her husband was experiencing symptoms of nausea, pain, and shortness of breathe. After ringing the call button for several times her spouse received his medication. Mrs. Ard noticed that her husband continued to have difficulty breathing and ringing from side to side, the patient spouse rang the nursing station for approximately an hour and twenty-five minutes until the defendant (Ms. Florscheim) enter the room and initiated a code blue, which Mr. Ard didn’t recover. The expert witness testified that the defendant failed to provide the standard of care concerning the decease and should have read the physician’s progress notes stating patient is high risk upon assessment and observation. The defendant testified she checked on the patient but no documentation was noted. The defendant expert witness disagrees with breech of duty, which upon cross-examination the expert witness agrees with the breech of duty. The district judge, upon judgment, the defendant failed to provide the standard of care (Pozgar, 2012, p. 215-216) and award the plaintiff for damages from $50,000 to $150,000 (Pozgar, 2012, p. 242).
This report reviews the case R v Dean and discusses some key elements. The offender, a Mr Roger Dean, a registered nurse working in Quakers Hill Nursing Home was charged and convicted of a crime with three charges; larceny, murder and grievous bodily harm. The offender admits to primarily stealing painkillers at the nursing home and in order to distract management of the ongoing investigation, he lit fire in the nursing home on the 18/11/2011 causing eleven counted deaths and eight people injured due to burns or smoke inhalation.
If the defendant would have adhered to the numerous safeguards for nurses, it could have prevented the alleged wrongdoing. According to the American Nurses Association’s Code of Ethics for Nurses, nurses must advocate for proper assistance for coworkers when indicated. This supports nurses in early recovery when they return to work (O’Neil, 2015). If the coworkers of the defendant would have recognized her issue and spoken up prior to December 9th. 2015, than this hearing could have been prevented. It is the nurse’s ethical responsibility to safeguard the patient, the public, and the profession from prospective harm when a nurse appears to be impaired. This can be
After the incident, Jones inquired for medical care multiple times. Here, admittedly, the Prosecution was right about one thing. Nurse Robin Rodgers did not meet the standard of care. But, they were wrong about another. Nurse Robin Rodgers was not reckless, but rather, she was negligent. Contrary to being reckless, negligence is acting without the knowledge of the consequences and risks.
Court cases like Martha Bull’s who reads “Greenbrier Nursing and Rehabilitation Center had been negligent in treatment of Martha Bull, 76, who died at the nursing home April 7, 2008 after staff failed to act on a doctor 's orders to get her transferred to a hospital emergency room for treatment of severe abdominal pain,” are one of the many that support this disturbing stigma. Something as simple as a competent health provider, that was willing to see a task out into its completion could have been the saving grace for this women. For almost an entire twenty-four hours’ staff heard her cries of agony yet never made sure the proper paperwork was completed once it was filed. (Brantley, 1) In the case of Holder Vs. Beverly Enterprises Texas, Inc. an 83-year-old, bedridden woman by the name of Ruth Waites was hospitalized for dehydration as a result of an understaffed nursing home. Once admitted back to the nursing home she had developed pressures sores from being left unattended. The pressure sores soon became so severe that they caused a serious infection and led to Ms. Waites’ death. This entire case is a story of neglect, what the nursing home states as understaffing, and fraud. The fact that the nursing home was understaffed should have never been hidden from the families of the patients. These are facts that should have been announced to the community so that the appropriate qualified personnel could have attempted to solve the issue. (Nursing, 1) Another case follows with
The Patrick Haynes case involves the violation of reasonable care, after being assaulted by three correction officers that caused intentional trauma and injuries to his rectum area. The details of the case are that inmate Patrick Haynes assaulted a correction officer after being written up for misconduct. Inmate Patrick Haynes assaulted the correction officer by throwing feces and urine in the unsuspecting officer’s face. Later that night after lights out, the three correction officers went to his cell, restrained him and forcibly inserted a broom stick into his rectum. The next morning he was found by day shift officers and transported to the infirmary. Patrick Haynes after receiving medical care sued with judgement being found in his favor.
Humanity is living longer these days creating the need for long-term care facilities. Today’s families need to work outside the home forcing their loved ones to enter the dependency of the extended care and long-term care facilities. More and more of the retirees are seeking better facilities for themselves because there are more options. There are more than meets the eyes in the nursing and long-term care that involves families and personnel in the decision making for their loved ones.
Howard Terry Newman is 67 year old retired printer who suffered from Parkinson’s disease as well as arthritis, voice impairment, hiatal hernia, and heart trouble. Mr. Newman, the appellee, is contesting his stay between September 19, 1968 and November 11, 1968 at the appellant’s facility, Big Town Nursing Home. The plaintiff was admitted voluntarily by his nephew to the facility with the ability to leave as he pleased. However, on September 22nd, when Mr. Newman attempted to leave the facility, he was told that he could not use the phone or entertain visitors without the administrator’s permission. He proceeded to walk out; he was brought back and restrained on Wing 3 with “senile patients, drug addicts, alcoholics, mentally disturbed, incorrigibles and uncontrollables” according to the administrator testimony.
The role of providers is to deliver patient care using the latest technology, tests, treatments, and provide preventive care. Their role of direct care places them front and center for identifying and implementing changes to patient care practices. The patient’s role is to expect the best evidence based care delivered in a safe and compassionate manner. Patients and their families are encouraged to report on the quality of the care received. Positive change is in their input is extremely important for driving and implementing necessary changes. The payer’s role such as CMC, require providers to perform their work using evidence based practice and diagnostic planning to reach an accurate treatment plan. Payers want to lower costs by minimizing visits and tests. They also incent providers to maximize safety initiatives such as fall prevention by not paying for injuries resulting from incidence of in-hospital falls. Their role is to ensure requirements and standards are communicated and enforced with the nursing home setting. The Nursing home administrator role is to take the financial reins maintaining or lowering costs. The Administrator is also responsible for presenting improvements to the board to obtain funding for the project. In addition, the administrator is responsible for staff training for implementation
Mason Pointe is a senior living community of Lutheran Senior Services, LSS is an organization that provides a network of communities and programs for older adults. Mason Pointe is a nursing facility that has a combined acute-skilled short stay rehab, assistant living, and long-term care assistance. The prospects of study, are those residents that are residing in the facility long-term. Long-term is dissimilar from acute healthcare. It encompasses services related to maintaining quality of life, preserving individual dignity, and satisfying preferences in lifestyle for someone with a disability severe enough to require the assistance of others in everyday activities (Tabloski 2006). The residents in the long-term care facility rely on the nursing
There comes a time when the hands that supported you when you stumbled, shiver. The ones who taught you right from wrong depend on you to make the correct choice for them, a choice that can alter their entire being. One bad judgment call and your loved ones could end up as being victims of nursing home abuse. Thus, when you’re deciding a health-care facility for them, don’t settle for anything but the best because many lose their loved ones every year as a result of the abuse.
This is true whether the home is being charged with medication errors, a failure to maintain a safe environment or abuse of the physical, verbal, emotional or sexual variety. A failure to provide proper medical attention or nutrition may also lead to a lawsuit being filed by the nursing home resident and/or his or her loved ones, and these are only a few examples of the many types of lawsuits that may be relevant in this situation. In the event the nursing home resident cannot speak for him or herself, family members may have the suit filed on their behalf Contact nursing home lawyers for more information on the signs of abuse and when a suit should be
Documented in Oregon, one individual (Kate Cheney) was sent to a nursing home because her family was tired of caring for her. Kate had spent one unhappy week in the nursing home and her quality of life degraded so tremendously that she was motivated to take her own life. There is no requirement under the Oregon law that “sufficient home and community-based long-term care services be provided to relieve the demands on family members and ease the individual’s feelings of being a burden” (Golden 20). It is extremely upsetting that the daughter or son of an individual could devalue life to such an extent, especially the life of a parent. This lack of caring by family members can cause the patient to request PAS or take their own life.
Many aging Americans often struggle to pay for home care, assisted living and other forms of long term care. When choosing the right type of care much consideration and research should be given. In determining whether one must self-fund their care can be a process which can leave the door open for many unanswered questions. Questions like, what is the expected cost, will Medicare help to cover any cost, or can one use their property to pay the cost for long term care. Since elder care and senior care can be in a variety of forms, the biggest concern is who takes on the brunt of payments. According to Benjamin (2015), “99% of our services are a private pay product with some assistance for veterans; long-term care insurance does account for part of the remaining 1%, along with some waivers provided by Medicare. “Private Pay can be funded by savings and investments, long term care insurance or annuities, social security or other retirement benefits, Veterans’ benefits, and through the conversion of a life insurance policy into a Life Care Benefit Plan or Long Term Care Benefit Plan” (Orestis, 2013, para 1). Most anyone can pay or arrange their care cost, however cost is usually determined by ones need and where they live.