Standard of care breaches: the case in nursing homes

Standard of care breaches: the case in nursing homes

Feb 17

Every year, thousands of dollars are being spent on litigation involving breach in standard of care. According to the website of Leichter Law Firm PC., a majority of these cases involve nursing homes, wherein nurses are accused of either negligence or lack of informed consent. Negligence happen when a nurse unnecessarily placed the patient in danger due to his/her recklessness or lack of training. For lack of informed consent, a nurse can be accused if s/he fails to inform the patient about the risks associated with the procedure s/he will be performing.

Nursing malpractice is one of the most common nursing home violation the U.S. Centers for Medicare and Medicaid Services (CMS) has constantly been citing for several years now. But apart from negligence and lack of informed consent, some nursing homes have been accused of breaching standard of care by employing nurses or aides that have previously been convicted with abuse. Employing staff guilty of sexual assault, violence, or theft could mean violating the regulations set by the CMS for nursing homes.

A nursing home could also be in violation of the regulation if inspectors found that the owner of the facility has been negligent in eliminating hazards that could trigger injurious, even deadly accidents, or if regulators received reports of accidents caused by unsafe environment. Failure to establish an effective infection control program is also an adequate ground for citation. Also, the facility’s failure to meet professional standards for services could also mean violating standard of care.

Nursing home violations are not only limited to the facility itself, its staff, and its services. During annual inspection or when a complaint against a facility is filed, inspectors probe for other possible violations. For instance, failure to store, prepare, and distribute food in a sanitary way could be a violation, as well as failure to ensure that regimen drugs are free from any unnecessary and dangerous substances.