Blog Topic

Understaffing in Nursing Homes
Posted by: Craig A. Knapp
February 03, 2012

What if some of nursing home’s most reoccurring problems all could be solved by one simple solution? You’ll found several blogs stating nursing home negligence and abuse caused choking, malnutrition, bed sores, dehydration, drowning, suffocating, medication errors, injury, and death. We aspire to provide tips on how to avoid these things from happening. However, a recent article written by Trial Magazine suggests all of these could be avoided by simply staffing your nursing home properly. It’s not a revolutionary concept, but it’s surprisingly not followed as often as it should be.

Trial Magazine found that understaffing is “often the reason nursing home patients do not receive proper care” and that “if he or she does not have time to provide the necessary care, patients will be harmed.” Because of this, understaffing is often directly correlated with high urinary catheter use, poor skin care and feeding, malnutrition, dehydration, low participation in activities, more pressure ulcers, and an increased likelihood of death.

These same risks are seen with overworked nursing staffs. Not only do the right amounts of nurses need to be working, they need to be in the right state of mind and condition to be taking care of others, as well, and the government agrees with the importance of these two problems. According to the Federal Nursing Home Reform Act (FNHRA), all nursing home facilities participating in Medicare must have “sufficient nursing staff to provide nursing and related services to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident.”

Before committing your loved one to a home, do some research and find the best fit for you. Once you’ve narrowed down your options, don’t be afraid to ask questions. You are more than justified in asking hard hitting questions regarding their staffing and if the nursing home seems uncomfortable in answering those questions, it’s probably a sign to move on.

If you or your loved one has been affected by neglect or abuse in a nursing home, give Knapp & Roberts a call. We are experts in handling nursing home neglect and abuse. We believe in your rights and want to help you tell your story to prevent it from happening to someone else. You deserve to feel safe in your home. Let us help.

Source: Trial Magazine, August 2011, \"The Danger of Understaffing"

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Nursing Home Abuse Case Sees Victory
Posted by: Craig A. Knapp
January 31, 2012

A recent court victory in West Virginia shows the importance of Nursing Home safety and the price that is paid for negligence. In September 2009, an 87-year-old woman lost her life due to improper care in a nursing home. Two years later, her family finally gets some justice and closure after a two-week trial awarding them with $91.5 million in damages after finding that Heartland of Charleston nursing home workers indirectly caused the woman's death.

Heartland of Charleston is owned by ManorCare, a for-profit company operating nursing home facilities across the U.S. including one in Arizona. Eighty-seven year old Dorothy Douglas was staying at Heartland temporarily until another facility opened up. Dorothy suffered from Alzheimer's, Parkinson's, and dementia. Upon entering the nursing home, Dorothy could walk, talk, and recognize family members, but after a three week stay, she lost 15 pounds, was unresponsive, and dehydrated, forcing her to be hospitalized. She died the next day.

In court, former Heartland employees admitted that Heartland was heavily understaffed, making work conditions impossible. Not only that, but further review found that the employee turnover rate was 112% in one year and their health and safety violations were at 28, which was twice the state average.

This unfortunate case once again proves the importance of proper care in nursing homes. Before admitting a loved one into a nursing home, be sure to follow a few easy steps:

1.) Do some research. A simple internet search could tell you a lot about the company and how it runs, whether it's a news article or reviews by others online.

2.) Take a tour. You'd expect everyone to be on their best behavior during a tour, but there are some subtle things to watch out for like cleanliness, interaction with residents, resident satisfaction, friendliness of staff, etc... A tour is the best way to find out the culture and ambiance of a nursing home.

3.) Ask questions. Don't be afraid to ask any and all questions you can think of, regardless of how small they may seem. You have a right to know how a nursing home runs and if you feel any hesitation in responding to your questions, it's probably best you look into that. If you or your loved one has been a victim of abuse in a nursing home, don't waste one more day allowing abuse and neglect to take place. Give the experienced lawyers at Knapp & Roberts a call. We will help you avoid future residents from enduring the same neglect you experienced. You have rights, we care.

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How Do I Know If My Loved One Was Neglected or Abused Under Arizona Law?
Posted by: Craig Knapp
February 20, 2010

Neglect, abuse, serious injury, and even death are all too common in long-term care facilities.  In Arizona, we have special laws that protect most individuals that reside in nursing homes, group homes and assisted living facilities.  The purpose for our law is to help those who cannot stand up or speak for themselves.  If your loved one was "vulnerable" (18 years of age or older and unable to protect themselves from abuse or neglect by others due to a physical or mental impairment), and suffered an injury due to a caregiver's negligence that's abuse. 

"Abuse" is defined as any of the following:

• intentional infliction of physical harm;
• injury caused by negligent acts or omissions;
• sexual abuse or sexual assault; or
• unreasonable confinement

"Neglect" is defined as a pattern of conduct without the person's informed consent resulting in deprivation of food, water, medication, medical services, shelter, cooling, heating or other services necessary to maintain minimum physical or mental health. 

My firm has successfully represented the edlerly and those with special needs in cases involving drownings, sexual assault, medication errors, wandering off, fires, choking, falls, and many other situations when someone was seriously injured or killed by the negligence of a caregiver.  Your loved one has rights.  If you think someone close to you has been abused or neglected by a caregiver or facility, you can take action to make sure this doesn't happen to someone else.

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