Nursing Home Understaffing Laws

Harm Within the Nursing Home

Your parents have been a source of comfort and support throughout your life. You always thought that you could support them as they aged, providing them with assistance in their daily routine while also managing your own household. However, as your parents got older, you all realized that they needed more help than you could provide. Although it was a difficult decision to make, you eventually determined that a nursing home was the best option. In order to ensure that your parents moved into a place with the best possible care, you researched all of the options carefully before selecting the right nursing home for your mother and father. Unfortunately, all of your efforts were not sufficient to prevent the harm that befell your parent.

When your loved one was harmed while living at the nursing home, you were devastated. You had believed that your parents were safe in the facility, but did not realize that the nursing home was understaffed, creating a hazardous situation that had terrible consequences for your parent. Although understaffing is a chronic problem in many nursing homes, it does not make it any less troubling. Stern Law, PLLC wants to help you discover all of the elements that led to the suffering experienced by your parent. We will work with you to find the answers that you need and get the compensation necessary to care for your parents.

Understaffing a Well-Known Problem

The fact that nursing homes frequently do not have sufficient staff to meet all of the needs of their residents is a recognized problem. In 2009, the United States Department of Health and Human Services (DHHS) released a report that understaffing was an endemic problem and that this situation was a threat to the health and welfare of nursing home patients. A lack of sufficient staff leads to an increase in the number of residents who suffer from severe pressure sores, malnutrition, dehydration, and unusual weight loss. In addition, patients are at increased risk of serious infections, which could have been avoided if the facility had employed the right number of staff people. The DHHS report determined that 54% of nursing homes fall below recommended standards of care, which includes a provision where residents would receive at least two hours of dedicated care from a nursing home staff person. These proposed federal standards have not yet been enacted into law, so nursing home residents are left to suffer. This does not mean that there are no options for a loved one who has suffered because of the negligence of the nursing home.

The ratio of staff people to nursing home residents is critical to proper care because of the heightened needs of elderly patients, especially those who have mobility problems. There are residents in nursing homes who require assistance for every task. Some residents can be aided by one staff member only while others need two aids in order to accomplish various needs. Clearly, this is an extremely time-consuming pursuit.

Understaffing and Resident Mobility Problems are a Dangerous Combination

Understaffing has an immediate and terrible consequence for patients who require repositioning because of physical limitations. A patient in a wheelchair requires repositioning every fifteen (15) minutes to half an hour. A resident confined to a bed requires repositioning every two hours. If this is not done, the resident is at risk of severe bed sores. Even someone without broad knowledge of the how the management of a nursing home works understands that there needs to be a small patient to staff ratio.

There are only certain staff members who are legally permitted to assist patients with physical assistance and medical care. Therefore, in addition to needing the appropriate number of staff members, a nursing home must have sufficient staff who is qualified to perform the various tasks required. Further, a nursing home must have a classification system in order to identify those patients who require mobility assistance. Once the classification has been made, the facility must abide by the directives, including whether the resident requires one or two aids during mobility assists. The individuals who most often are assigned the duties of mobility assists are certified nursing assistants (CNAs).

Some of the mobility issues in a nursing home include:

• There are mechanical devices that are used in lifting certain patients with mobility challenges. The devices, including the Vander Lift and Hoyer Lift, require two CNAs, at a minimum, to operate the device. This is the origin of the term “two-person assist.”
• In most nursing homes, a majority of patients will require a one-person assist, which usually means that a patient needs anything from a little stabilizing assistance, or intensive assistance, for anything from getting out of bed to using the restroom.
• In addition to activities like using the restroom, which can be extremely time-consuming, there also are residents who need help with feeding themselves, staying hydrated through intake of sufficient amounts of fluids, showering, and taking care of various hygiene needs.
• Nursing home residents who are partially or completely immobile also require interaction in order to stave off depression, which is a serious problem with nursing home patients.
• When there are only a few CNAs on the clock at any given time, the requirements of those requiring mobility assistance will consume most of their time. Therefore, when a resident presses the call button, it is likely that there will be a long wait before their needs are met. This may prompt a resident to attempt something by themselves rather than waiting for necessary assistance. For example, a resident needing to go to the bathroom may decide to get out of bed on his own rather than risk wetting the bed, leading to a serious fall.

Lack of Sufficient Staff Leads to Increased Risk of Pressure Sores

Understaffing also is one of the key factors leading to pressure sores. When staff is overworked and spending all of their time assisting those patients who require mobility assistance, there are patients who spend time in soiled clothes and linens or who do not receive help with regular bathing. In addition, staff may not be able to keep up with the repositioning needs of the residents who are combined to a wheelchair or bed. Moreover, a staff that is pushed to the limits of its capacity is not going to conduct regular examinations of patients to make sure that there are no new pressure sores developing.

Specifically, the lack of an adequate number of staff members results in the following problems:

• Failing to reposition patients as required;
• Not assisting patients who need to use the bathroom in a timely manner;
• Failing to maintain the facility at the necessary level of cleanliness;
• Failing to ensure patient hygiene, including providing clean clothes and linens as needed;
• Failing to provide necessary assistance with eating and drinking, leading to malnutrition and dehydration;
• Failing to provide adequate emotional support to residents, resulting in a patient who spends more time in bed;
• Failing to complete documents detailing the patient’s condition and potential risks of developing pressure sores; and
• Failing to identify and treat pressure sores in the early stages.

Factors Supporting a Lawsuit

When a nursing home lacks sufficient staff, it is unable to provide the quality of care that is required for each resident. This is negligent conduct that supports litigation, particularly if your loved one has suffered serious harm as a result of this negligence. In addition to the above-listed forms of negligence, not having the necessary number of employees results in staff members who are not trained for a specific task undertaking those duties because there is no one else available to do the work.

Turnover of staff also results from understaffing. The people who work in a nursing home will perform at a much higher level when they have formed bonds with residents, developing respect and sympathy for the patients with whom they work. If the staff does not stay for very long, then resident neglect and abuse is far more likely to occur. This also happens when the staff is so overworked that they suffer from overall low morale.

When a nursing home is understaffed, people who should never be hired because of a background that includes violence or criminal convictions may slip in the door. This happens because of a rush to fill positions. Once these individuals are employed at the nursing home, the risk of harm is far greater when there are not enough employees because the bad acts of this person may not be witnessed.

These are only a few of the many instances of neglect and abuse that result in harm to patients in a nursing home. It is the responsibility of the facility to ensure that these things do not happen. When they do, it is imperative that everyone responsible is held accountable.

Stern Law, PLLC: Our Lawyers Make a Difference

It is a heart-wrenching decision to place one or both parents in a nursing home. Once you were forced to make that decision, you did everything possible to choose a nursing home that would provide emotional, physical, and medical support for your loved ones. You could not know that the facility was operating without the right number of staff members, which led to the severe harm suffered by your parent. It is difficult to know what to do at this point, but Stern Law, PLLC has the resources to help you understand what might have happened and make the decisions that are in the best interest of your parent. Our attorneys are experienced in evaluating the situation that existed in the facility at the time of the injury to your mother or father. Our dedicated investigators know how to uncover the information that the nursing home prefers to keep hidden. The compassionate medical professionals with whom we work can determine how your loved one was harmed and what the best course of treatment will be. Everyone at Stern Law, PLLC is committed to getting you and your parent the assistance that you need to deal with this tragedy.

As an attorney fighting for the rights of those victimized by the negligence of other, I, Ken Stern, was faced with terrible circumstances every day. In working with those harmed, as well as their families, I realized that there were very few resources to answer questions about nursing home abuse and negligence and how to deal with the terrible consequences, as well as other travesties that occur on a daily basis. I formed Stern Law, PLLC to address these injustices, compiling a talented team of compassionate and dedicated attorneys and professionals. I wanted to be sure that victims had access to information, even if they decided not to pursue legal remedies. To that end, I am available to answer any questions at any time. Please call our team at 1-877-469-7273 (1-877-4MYPARENT) to talk about what has happened to your parent.