Nursing assistants identified common negligence in U.S. nursing homes.

South Carolina – February 13, 2023

In early 2000s certified nurse aides who participated in focus groups identified clear and specific ideas about what constituted neglect in nursing homes. They mentioned examples such as:

no oral/dental care.
not doing range of motion exercises.
not changing residents each time they are wet after an episode of incontinence.
ignoring residents who are bedfast, particularly not offering activities to them.
not doing prescribed wound care.
not giving residents regular baths.
doing a one-person transfer when the resident requires a two-person transfer.
not providing cuing or task segmentation to residents who need that kind of assistance to maximize their independence;
not doing scheduled toileting or helping residents when they ask.
not keeping residents hydrated; and
turning off a call light and taking no action on the president’s request.

Many of these identified deviations in care continue in nursing facilities across the United States today. Nursing aides are responsible for patient care through vicarious liability of the facility since in many cases they do not have licensure that can be negatively affected.

Nurse’s higher duty of care.

Nurses are expected to act with great regard for patient safety and well-being and promote favorable outcomes for the patient, healthcare team, and organizations for whom they work. When they do not, there can be legal repercussions that affect a facility or their state licensure. Common examples of negligence in nursing are like those that nurse aides identified. Negligence can occur when a competent nurse does something or fails to do something that a reasonably competent and prudent nurse would or would not do in the same situation. Negligence in nursing includes the elements of causation of injury and damages. Examples may include the failure to:

respond to a patient/resident in a timely manner.
administer or administering the wrong medication.
report patient status changes.
report abuse or negligence.
monitor a patient.
record patient information.
adhere to patient safety measures.
monitor the use and effects of restraints.
verify patient allergies.
get informed consent for procedures or changes to resident care.
complete follow up assessments.
function as a patient advocate.
replace equipment that may put patient in danger.
pay attention to safety regarding patient falls.

Resident rights.

Residents in South Carolina nursing homes have rights under The Nursing Home Reform Act under Title IV of the Omnibus Budget Reconciliation Act of 1987 and under the South Carolina Omnibus Adult Protection Act, and families and loved ones need to make certain those rights are not being violated through acts of negligence or abuse at residential living facilities. Staff, administration, and consultants who are associated with a nursing home facility can be held liable for any personal injury or neglect that causes harm, exacerbates health conditions, or results in bodily injury or a premature death of a resident. Legal action may be taken against a nursing home with the assistance of an experienced nursing home abuse lawyer based on acts of negligence that cause, or exacerbate existing health conditions, or place residents in danger.

Types of abuse.

Verbal abuse – oral, written, or improper gestures that include critical, offensive, and belittling terms.
Sexual abuse – sexual harassment, sexual coercion, or sexual assault.
Physical abuse – control by threat of corporal punishment, or hitting, pushing and painful restraint.
Mental abuse – humiliation, harassment, punishment, or deprivation, and gas lighting.
Involuntary seclusion – Separating a resident from other residents, their personal space, or confinement to their room against the resident’s will.
Unintentional abuse.

Call an attorney.

South Carolina Nursing Home Laws (S.C. Code Section 44-7-260), outline standards of care that must be upheld to maintain the well-being of nursing home residents. When sub-standard care results in harm, or death to a nursing home resident, call an experienced attorney at the McDougall Law Offices, to discuss a potential case for recoverable damage compensation.

McDougall Law Firm, LLC

115 Lady’s Island Commons
Beaufort, SC 29907

Phone: 843.379.7000

Sources.