Lawsuit Against Pennsylvania Nursing Home Blames Insufficient Staff Levels for Resident’s Death
The family of a former resident in a Pennsylvania rehabilitation and nursing center recently filed a wrongful death lawsuit alleging insufficient staffing levels as a contributing factor in the death of the resident on December 15, 2018.
The incident occurred when the resident entered the room of another resident on December 8, and that resident slammed the door on her as she was leaving, causing her to fall and fracture her left wrist and left hip. There were no witnesses to the fall, and it was initially believed to have been an accident.
The coroner ruled that the resident’s death was a homicide after an investigation revealed the altercation between the two residents. The resident’s death was caused by complications related to the injuries she sustained in the fall, along with her heart disease.
The lawsuit alleges that the facility did not have enough staffing to provide the care needed for the plaintiff and the other residents. In October 2018, an investigation by the Pennsylvania Department of Health found that the nursing home fell below the minimum 2.7 hours of care per resident per day and put the home on notice in October and again in November.
Although the nursing home submitted plans for correction both times they were given notices from the state regarding the staffing problem, the lawsuit made this allegation: “In their efforts to maximize revenues/profits, defendants negligently, intentionally, and/or recklessly reduced staffing levels below the level necessary to provide adequate care to residents, which demonstrated a failure to comply with the applicable regulations and standards for nursing home facilities.”
The police invested the incident, but no criminal charges were filed. The County District Attorney’s Office labeled it as a “terrible tragedy” with “no ascertainable criminal act.”
Compliance Perspective
Failure to provide mandated minimal staffing levels designed to help keep residents free from accident hazards related to insufficient supervision may be considered provision of sub-standard quality of care in violation of state and federal regulations.
Discussion Points:
- Review policies and procedures regarding patient acuity levels and the staffing needed to provide the level of care for the residents admitted into the facility, whether they are equal to or higher than minimums required by state and/or federal regulations.
- Train staff regarding necessary monitoring of residents who wander into the rooms of other residents to prevent altercations and accidents.
- Periodically audit to determine if the resident acuity levels are re-evaluated routinely to ensure that the staff levels are sufficient to provide the care residents require.
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