Michigan Attorney General Charges Two Nursing Home Employees for Injuring Patient
Two nursing home employees have each been charged with one count of Fourth Degree Vulnerable Adult Abuse. The charges are related to an incident involving a resident in the nursing home who was totally dependent on caregivers to move her about within the facility.
The resident has severe osteoporosis, is disabled, and medically fragile. Her plan of care required the use of a mechanical lift device to transfer her from her bed to her wheelchair. The resident was injured and received multiple fractures when the two caregivers recklessly ignored her plan of care and did not use the mechanical lift to transfer her. After the transfer, the resident complained of pain and was diagnosed with multiple fractures.
The co-defendants were recently arraigned in a district court, and each posted a $5,000 personal recognizance bond. A pretrial conference is scheduled for May 22. The Fourth Degree Vulnerable Adult Abuse charge carries a maximum sentence of one year in jail and/or a $1,000 fine.
Compliance Perspective
Failure by caregivers to follow residents’ care plans requiring the use of mechanical lifts for transfers may be considered abuse and provision of substandard quality of care, which can result in both criminal charges and violation of State and Federal regulations.
Discussion Points:
- Review policies and procedures regarding developing and implementing comprehensive care plans.
- Train staff on following residents’ care plans, the use of mechanical lifts for transfers, and preventing abuse and neglect.
- Periodically audit to determine if staff are following care plans specifying the use of mechanical lifts for transfers by interviewing residents and observing care.
