How Staffing Impacts Nursing Home Injury Cases
Nursing Home Abuse and Whistleblower Lawyer Brian Mahany looks at how understaffing and other staffing and training errors impact the likelihood of injuries in nursing homes and long term care facilities. As one of America’s leading whistleblower and elder law attorneys, he shares his insights into how staffing failures can affect legal claims for neglect.
Thank you for watching this short 4 minute video on Nursing Home Staffing and How Staffing Impacts on Nursing Home Injury Cases
There is a direct correlation between nursing home abuse and poor training and staffing.
Show us a serious bedsore case or fractured hip resulting from a fall and we can usually prove that improper training, inadequate staffing or both are responsible. Skilled nursing facilities and Alzheimer memory homes will tell you that falls and bedsores can’t be prevented. That’s almost always a lie.
Let’s talk about state and federal law and how they impact on staffing.
State law generally regulates the training that people working in medical facilities must receive. Each state licenses nurses, CNAs, home care workers, medical technicians and therapists.
Both federal and state law dictate the staffing levels that facilities must have on hand. Because most nursing homes receive Medicare or Medicaid funds, the federal government shares jurisdiction over these facilities.
The Centers for Medicare and Medicaid Services require skilled nursing facilities to maintain ample nursing staff to provide nursing and related services to attain the highest physical, mental, and emotional well-being of each patient, as determined by individual care plans.
- They have an obligation to ensure that each patient’s medical care is supervised by a physician;
- They have an obligation to ensure that there is a physician on duty or on call 24 hours per day to respond to emergencies; And
- They are required to use their resources effectively to attain the highest physical, mental, and emotional well-being of each patient.
Skilled nursing facilities must also maintain proper medical records.
As a patient or family member of a patient, you have rights under federal law and in most states to confront nursing home administration about inadequate staffing or training. Facilities cannot discharge a patient or retaliate against the patient for exercising these rights.
In a nursing home abuse case, we usually begin our investigation by reviewing the training records, staff member background checks, staffing levels as determined by payroll records and patient charting. Each of these can be crucial in proving a case for elder abuse.
For example, if a facility is adequately checking on patients and charting, there is no way that a stage one bedsore can develop into an open wound. If a patient’s needs assessment says they need one-on-one care, there is no excuse for a patient that falls unattended in a shower stall.
If a facility is adequately staffed, there is no excuse for call buttons that go repeatedly unanswered.
If you or a loved one is hurt in a nursing home or suffers from serious bedsore or medication errors, call us. Nursing homes can be held responsible for their negligence and that of their staff. Our contact information is on the screen. There is no obligation or fee when you call.
If we take your case, our services are provided on a contingent fee basis meaning you do not owe us anything unless you win. State bar rules may vary depending on where you live, that means the terms of our fee for services may vary slightly.
Thank you for watching.