Nursing Home Litigation for Neglect and Abuse: What Lawyers Need to Know About Nursing Home Records

Our current population is aging and the nursing home resident population is going to skyrocket. Today there are 40 million people over age 65 and this number will grow exponentially because of the baby boom between 1945 and 1955.  Therefore, the number of victims of neglect and abuse, which already exceeds 300,000 per year will grow accordingly.

The Nature of Nursing Homes

The customers have resident status.but require medical, rehabilitation and nursing services for:

  • chronic illness
  • permanent disability
  • cognitive deficit

Government records show that there are ten common mishaps occurring due to negligence to 25% of all nursing home residents across America:

  • Falls
  • Physical abuse
  • Sexual abuse
  • Wandering
  • Skin breakdown
  • Infection
  • Malnutrition
  • Dehydration
  • Over-filling of stomach and aspiration
  • Blood clots in the leg.

The common injuries from those mishaps are:

  • Head trauma with brain hemorrhage
  • Fractures of the hips, spine, limbs and ribs
  • Large multiple pressure ulcers with exposure of muscle and bone; with infection and gangrene
  • Aspiration pneumonia
  • Pulmonary emboli
  • Death

Eight-Hour Seminar/webinar Workshop

Our Nursing Home Litigation Workshop will help you to

  • Screen cases effectively
  • Present evidence for early settlement
  • Evaluate the quality of care
  • Interpret government statistics
  • Ask the right questions at deposition and trial

The Chickens Came Home to Roost and Michelle Bachmann Cries, “Fowl!”

In the News:

Congress Woman Michelle Bachmann had some very interesting things to say to the media at a recent press conference which was describing NjmcDirect.

Washington, Mar 4 – “This is a case of legislative fraud of the highest order. We now know that the ObamaCare bill contained advanced appropriations for use in implementing this massive government takeover of health care. This year alone, the provisions are already in place to spend $5 billion on ObamaCare, and another $100 billion will be spent over the next eight years, even without any appropriating actions by Congress.“

More and more we are seeing what Nancy Pelosi meant when she said the bill would have to be passed in order for the American people to find out what was in it. The Obama Administration has already added about 6,000 pages of regulations to ObamaCare, and this funding shows a clear intent to circumvent the appropriations process and make it much more difficult for future Congresses to repeal ObamaCare. When it was passed, Democrats knew they would lose the gavel. But this funding ensures they will not lose their prized government takeover of health care because it’s already well-funded.“

With this information, I am vowing to vote ‘no’ on future Continuing Resolutions to fund the government unless there is specific language included to defund ObamaCare and rescind the funding that has already been appropriated. Defunding ObamaCare, along with defunding Planned Parenthood, must be non-negotiable planks in our budget negotiations.“I also want to offer a public word of gratitude to former Representative Ernest Istook of Oklahoma, who worked hard to uncover this startling new information about how ObamaCare’s sponsors included several years’ worth of current and future appropriations for the health care takeover.”

As evidence becomes clear that the authors of ObamaCare buried mandatory funding within the law to ensure its implementation, Congresswoman Michele Bachmann (MN-06) is calling for an apology:

“Those who pushed ObamaCare through Congress knew that a government-takeover of healthcare would be unpopular with the American people. That must be why they tied the hands of future Congresses by inserting billions of dollars in mandatory funding, spread out over nine years.“I am calling on President Obama, Nancy Pelosi, and Harry Reid to apologize for this deceitful cover-up. By burying this funding, they have foisted a new $105 billion levy on American taxpayers.“

“The President and Harry Reid should also agree to immediately rescind that $105 billion, including the $5 billion that was put out in the current fiscal year. After this legislative fraud, and two federal court rulings declaring ObamaCare unconstitutional, the President should also commit to the American people that no further funds will be spent on ObamaCare until after the 2012 elections.”

Commentary: This is indeed a scathing indictment; however, it begs the question, “Why did it take the Republican congresswoman and former Congressman Ernest Istook of Oklahoma two years to uncover and expose the pre-funding of 105 billion dollars?” It seems that the chickens are coming home after all. The Democrats stole Uncle Sam’s car and took it for a joy ride while the Republicans were asleep at the gate. And now Ms. Bachmann cries, “Fowl!”…

Seizure Precautions: The Standards of Nursing Practice

Of course in an in-patient setting this is not always the case and not always possible, so the failure to prevent injury and/or choking is not always the result of negligence.

Therefore, we shall explore the standards of care regarding seizure precautions, which require a risk assessment, care plan and nursing intervention. First of all, the assessment of risk that the patient will have a seizure during the hospitalization requires a history and observation of certain risk factors:

Following are the factors

1. New diagnosis of seizure disorder;

2. Frequent seizure activity;

3. Any seizure activity during the past year;

4. History of head trauma including surgery within the past three years;

5. Treatment with medications that lower the seizure threshold (antidepressants and anti-psychotics);

6. Withdrawal of anti-epileptic medication for evaluation of a seizure disorder and re-adjustment of medication regimen;

7. Any seizure activity within the past 12 months.Second, there must be a care plan to set up the environment to prevent injury, maintain continuous observation to know when a seizure is starting and be able to get to the patient within a few seconds of onset.

Thus, when seizure precautions are warranted by any of the above risk factors the care plan must include the following:

1. Make certain that the patient has the following equipment: a. Nasal cannula and tubing; b. Oxygen flow meter; c. Suction gauge; d. Suction canister; e. Suction tubing to connect to canister;

2. Assign patient to room in close proximity to the nurses station;

3. Maintain continuous observation via video monitor;

4. Maintain assembled suction equipment in room;5. Maintain assembled oxygen equipment at bedside;

6. Pad side rails of bed;

7. Keep bed in low position with all side rails up at all times;

8. Keep unnecessary equipment out of patients room;

9. Instruct patient not to get out of bed without assistance;

10. Assure that call bell is always within patients reach. Make sure that the family knows where it is and how to use it;

11. Avoid use of restraints;

12. Obtain one-to-one sitter if patient is unable to follow instructions to maintain safety;

13. Check vital signs every fifteen minutes and maintain airway patency during the post ichtal phase (period of time immediately following the seizure, during which the patient remains comatose or stuperous).

Finally, it is imperative that the nurses focus on observation and response.…