Family members of a former resident at a Texas nursing home have filed a medical negligence lawsuit alleging “inexcusable neglect” of their family member. The former resident was receiving hospice services at the Texas nursing home.
The former resident was admitted to the Texas nursing home with a medical history of aneurysms, dementia, and stomach and circulation issues. She was immobile and had contractures of both legs, which would not allow her to extend her legs comfortably. She was dependent on staff to get her in and out of her bed.
On September 24, 2019, two nurse aides dropped the resident on the floor while trying to her out of bed. The fall resulted in the former resident breaking her left leg and bruising her left hand. She was transferred to a local hospital where doctors confirmed the broken left femur but did not proceed with surgery due to her age and the presence of dehydration. A cast was applied to her left leg, and she was sent back to the nursing home.
Three days later, the resident complained of pain in her right leg, and an X-ray revealed she also had a fractured right femur, likely due to the fall that occurred on September 24, 2019. She died at the nursing home on October 4, 2019.
The lawsuit alleges that the Texas nursing home failed to provide quality care and to keep the former resident safe. Additionally, the lawsuit alleges medical negligence, corporate negligence, and injury to an elderly person. The family is seeking unspecified damages.
Issue:
Patient safety is always the number one priority when providing care to residents. If a fall does occur, the resident must be assessed thoroughly, and the plan of care revised to reduce the likelihood of future falls. Failure to prevent falls can be considered provision of substandard quality of care, and may result in an immediate jeopardy citation, fines, and lawsuits.
Discussion Points:
- Review your policies and procedures for patient safety, including fall prevention protocols, to ensure that they provide evidence-based interventions to reduce injuries and falls.
- Train all appropriate staff on your patient safety policies and procedures annually and periodically if issues arise. Document that the trainings occurred and file the signed documents in each employee’s education file.
- Periodically audit residents’ care plans to ensure that they are appropriate and contain evidence-based interventions to keep residents free from serious injury.
