Minnesota
Department of Health (DOH) Finds Nursing Home
Negligent in Resident’s Death
Failure to appropriately maintain a mechanical lift, and allowing personnel who have not been trained to operate the lift and choose the sling size for a resident being moved, may be considered negligence and substandard quality of care, resulting in the submission of a false claims.
Compliance Perspective – Mechanical Lifts
Policies/Procedures: The Compliance and Ethics Officer with the Administrator and Director of Nursing will review policies and procedures designating the training needed to operate mechanical lifts and select appropriate sling size, as well as any other equipment used in the care of the residents.
Training: The Compliance and Ethics Officer and the Director of Nursing will ensure that staff are trained to respond in a timely manner to concerns about the use of all mechanical lifts and equipment used in the care of the residents.
Audit: The Compliance and Ethics Officer with the Director of Nursing should personally conduct an audit to test the competency of staff in the operation of mechanical lifts. Additionally, the Compliance and Ethics Officer with the Director of Maintenance should check the maintenance records to ensure that all equipment is being maintained according to the manufacturer’s instructions.
A resident in a Minnesota nursing home was being moved with a mechanical lift from her wheelchair to her bed. She slipped out of the lift’s sling and suffered an injury to the right side of her head that ultimately was fatal. Although the resident was hospitalized, she died two days later.
A report from the State DOH determined the nursing home was negligent in the death. The report accuses the nursing home of maltreatment, and indicates that the facility was non-compliant due to not providing competent staff and for failing to report an “incident of neglect.”
The report further indicates that the two staff members who were moving the resident were not licensed or trained. In fact, proper training on how to operate the lift was provided after the resident’s death and to only one of the two staff members.
Additionally, investigators found that prior to the incident, the lift had not been properly maintained, and there was no system in place to ensure that the correctly sized sling was being used to move residents.
The nursing home, based on the report, is accused of failing to adequately train staff to use the mechanical lift, to determine the appropriate sling size, and to maintain the mechanical lift according to the manufacturer’s instructions. Any penalties or consequences the nursing home will face have not been determined.
