For Nursing Home Patients Who Require Assistance, A Trip To The Toilet Requires Company

handicapped-bathroom-300x225Skilled nursing facilities must conduct an assessment of every patient when they enter the facility to determine—amongst other things, how much (if any) assistance is required for particular activities. For patients with physical limitations, there is almost universally some level of assistance necessary from staff in order for the patient to function safely. While not always a primary consideration, facilities must consider the level of assistance required when patients are in the bathroom.  For patients who require the assistance of one or two staff members, the supervisory protocols must be adhered to even in situations where patients normally request privacy.

Goodbye Privacy, Hello Safe Practices

Unfortunately, there really is no such thing as privacy for a patient who requires the assistance of staff members.  Even if a patient requests to be left alone, staff must adhere to the prescribed regimen. I was reminded about this tricky situation of keeping patients safe—even when they request privacy–. When I began reviewing the records on a new nursing home negligence case. The circumstances of the case are relatively common: a 90-year-old woman who was admitted to a nursing home for rehabilitation following a stroke that left her with essentially no mobility of her right side. On admission, the staff at the facility (correctly) determined that this patient required the ‘full’ assistance of two staff members for virtually all activities.

Following the Care Plan, Not The Request Of The Patient

Prior to the incident, my client (a feisty woman) requested that the two CNA’s who were assigned to care for her, take her to the toilet (even though she was incontinent and used undergarments).  Contrary to the woman’s care plan, the CAN’s obliged the request and took her to the toilet where they allowed her to sit on the toilet in privacy as they left the bathroom—closing the door behind them. Not surprisingly, a short time later the CNA’s re-entered the bathroom area when they heard cries for help coming from the woman as she lay on the floor.  The obvious had occurred and my elderly client lost her balance on the toilet and fell striking her shoulder and head on a nearby sink.

Needless Incidents

In the process of this unsupervised fall from the toilet, my client suffered a horrific displace fracture of her clavicle, a fractured skull and subdural hematoma. Within seconds any prospect of any type of a meaningful recovery was gone. In this case, the blame game points directly at the CNA are who were responsible for caring for this woman.  However, as I anticipate that this case will require some litigation, my guess is that this facility never instructed their staff on the complete meaning of ‘full assist’— bathroom and all. Having worked on a number of cases involving incidents in the bathroom where patients have been significantly injured or killed when they fell or were dropped by staff— I think it’s important for the facility to advise patients and their families about the necessary level of assistance—how it will be implemented by staff.  When patients are at least advised of what the protocol is with respect to assistance from staff during daily activities that are generally deemed private, there is much more a chance that patients comply with the assistance necessary to keep them safe.

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Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. Eric
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