Race and Nursing Home Abuse & Neglect

The well-chronicled racial divide in America extends to the possibility of nursing home abuse and neglect, according to a recent Bericht.

The study found that 15.9 percent of black residents used feeding tubes, a sharp increase compared to 5.7 percent for white residents. 

The COVID-19 pandemic highlighted the poor infection control measures and cleanliness standards, particularly at nursing homes serving minority groups, which put minority residents at even greater risk of infection.

In another NIH report, minority nursing home residents showed less social engagement than white residents. This study found that nonwhite residents were up to 40 percent less likely to be socially engaged, possibly increasing their risk of nursing home neglect.

Additionally, older African American residents with cancer are 63 percent more likely to be left untreated for pain, according to the study.

Feeding Tubes

Because of the high rate of feeding tube use, nonwhite nursing home residents are more likely to suffer from severe complications like aspiration, infection, and refeeding syndrome.

Enteral feedings, which deliver nourishment through a tube directly into the GI tract, help patients who can’t ingest enough nutrition orally to meet their needs. The feeding tube may stay in place as briefly as a few days or permanently, until the patient’s death.

Gastrostomy (G) tube feedings can cause pulmonary aspiration. Multiple factors contribute to aspiration, including recent hemorrhagic stroke, high gastric residual volume (GRV), high bolus feeding volumes, and supine positioning.

As for infections, during initial placement, the feeding tube may be positioned improperly. To prevent this problem, the tube should be placed by experienced personnel and its position confirmed radiographically. After initial placement, the tube may become fully or partially dislodged, causing such serious problems as bleeding, tracheal or parenchymal perforation, and GI tract perforation.

Patients with sustained malnutrition are at risk for refeeding syndrome, which is an adverse reaction to digestion after depleted electrolytes shift from the serum to the intracellular space. This syndrome may trigger life-threatening arrhythmias and multisystemic dysfunction. It occurs when a depleted metabolic system with little to no mineral reserve (for instance, from vitamin B deficiency) becomes exhausted by the body’s increased demands to process proteins and produce glycogen. 

Because of these risks, a feeding tube is basically a last resort. If the nursing home medical staff doesn’t exhaust all other options, or the medical staff places or monitors the tube improperly, the nursing home is liable for damages.

Infectious Disease

Older people are extremely vulnerable to infectious diseases, and the fatality rate among people over 65 is frightening. 

Nursing home owners usually have a threefold duty of care when an outbreak occurs. First, they must seal off the area. No visitors and no exceptions. Next, they must thoroughly sanitize the area. Coronavirus and other germs usually live on surfaces for at least twenty-four hours. Third, they must comply with all federal state, and/or local regulations. 

Once again, failure to follow all three steps is negligence, or a lack of care. Damages in a negligence matter usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. A Nursing Home Abuse Lawyer can also obtain additional punitive damages, in some extreme cases. Usually, a third party, such as an out-of-state conglomerate that legally owns the nursing home, is financially responsible for damages.

Social Interaction

Isolation is the watchword if an infectious disease breaks out, but normally, social interaction is the watchword in nursing homes. Most long-term care residents need emotional care as much as they need physical care.

All too often, nursing home workers deny necessary social interaction to residents. Frequently, the staff isolates residents in their rooms, either as punishment or because insufficient staff is on hand to watch them.

The social interaction duty of care isn’t as well-defined as the medical duty of care. However, at a minimum, nursing home residents must be able to get outside their rooms, go outdoors, and see visitors, at least in most cases.

Pain Management

Staff must give residents adequate medication to control their pain while ensuring these residents don’t get addicted to this medication.. Nursing home staff cannot give residents the most powerful painkillers available, to keep them sedated and compliant. Instead, they must administer the proper drugs & dosages and monitor residents closely.

The nursing home owner is financially responsible for damages if an employee was negligent during the course and scope of employment.

Nursing home residents need and deserve special protection. For a free consultation with an experienced Nursing Home attorney, wenden Sie sich an Napoli Shkolnik.