I'm an Lpn working in a local nursing home 2 days a week. I watch my son the rest of the time while my spouse works. My mother is a resident in the facility where I work. She went in there about a month after I started working at this place. This was about 18 months ago. At that time, I though it was a pretty good home. It's gradually gotten worse as time went by. My mother is a paraplegic for 35 years. She requires a Hoyer lift to get in and out of bed. She has all her faculties, but her body has just betrayed her. Paralysis and old age are a terrible combination. She's 73 now, but to look at her, you'd swear she was 93. She's told me more than a few times the CNA's have transferred her by pulling her on a towel. one person has also ran the lift when the rules call for two. They say they have to do this, because they're short handed and it saves time. My father used to go there and spend 8-10 hours a day with her. They never did this when he was there, only on the days he couldn't make it in. He contracted C-diff( which I suspect he picked up at the Nursing home). He has been ill for several months and doesn't drive now. Since he's not there and I can't get there during the week, they do what they want. They talk her into staying in bed many days. Telling her they might not have enough staff on nights to get her back in bed. Anything to get out and have a smoke. Some of them brag that they smoke 8 a shift. That's on an hour. She get's very fearful and they play on this. I've told a few of the cna's about this. I didn't go to management because I knew they would do nothing and I have to work there. Even though I work on another hall, it would cause problems. I know I was wrong not to report them. I have also looked the other way several times while working there. I have never covered anything up,
but I have been aware of several things that were.
This leads us to the incident. The other day My mother was being transferred with the hoyer lift. They said there were two CNA's present. She went out of the sling backwards and hit the floor head first. I honestly do not know how this could happen with two CNA's following proper procedures. One person on the lift, the other steadiing the patient in the sling. If the straps were not hooked properly, once you lift then 2 inches you would know. You could then put them back down. She was rushed to the hospital. She has a subdural hematoma and many bumps and bruises. It's a miracle she didn't break her neck. They say she will recover. I'm having her transferred to another nursing home when she's discharged. I called th Dept of health on them. They did an investigation. Surprise, they found nothing wrong. Management probably told them exactly what to write in their incident reports and nurses notes. i have seen this done many times. I went to the home today and got all of her belongings. I thought I was going to vomit just walking in there. I was supposed to work tommorrow. I'm quitting without notice. I doubt they want me there anyway after calling the state on them. I feel like working there all this time, knowing the way things were, I have been partly responsible for what happened to my mother. I used to tell myself, at least I was there trying to give the residents good care.
My only question is if everything was done appropriately how could the facility not get some type of tag? Common sense tells anyone that if she ended up on her head, that happened by someone not doing their job right. I would definitely seek an attorney. I'm not a lawsuit type of person, but this sounds overly justifiable. I'm so sorry you and your mother had to go through this. I hope she heals wonderfully and you get some type of closure with this facility and their obvious coverup. This just kind of reminds me of the 5 rights, if one of the rights is neglected then there is a mistake made, it's someone's fault, period. There would be no way to get around it. If the hoyer was used correctly with the appropriate amount of staff, then there should of been no injury. Are they claiming that the hoyer malfunctioned? I'm just intrigued as to how they got out of this.....
If this did turn into a legal issue, I just have to wonder... you pretty well know that there were not 2 people in that room...sooo, who on earth would voluntarily say that they were the second person, just to protect the facility??? I don't know anyone that loyal!!!!
not to protect the facility, but to either protect themselves in fear of losing a job:
or, protect ea other.
i know of many cna's who are tight and stick their necks out for ea other.
And it this state,it is impossible to think that administration could tell the DPH anything other than the truth. They are one tough bunch and no one I know would dare lie to them.
Good luck finding a better place for your mom to live and a better place to work.
i live in boston and have dealt w/dph (not in ltc, though)
some are tough, abrasive and by-the-book.
others have 'appeared' downright shady.
yet, i do think something sounds terribly off and would consider appealing their decision.
it's horrible that your mother was injured, and it's horrible to think of other pts being exposed to the same type of negligence/abuse.
I don't think sueing is the answer. The lawyer gets the biggest chunck of any monetary damages, and the nursing home will cut staff, supplies, ect. in order to meet their budget and pay for the lawsuit. Viscious, nasty circle if you ask me. So sorry about your Mom. Also you might want to find another job quickly, people on this board have been blacklisted for calling the state! Not right, but true.
When I suggested getting a lawyer I didn't necessarily mean the OP should sue. But a lawyer could be helpful in prodding the the state to investigate, assist with having medical costs covered, and hopefully protect others from being injured.
So...sueing for money might not be the right answer (no money in the world will make up for what happened) but what could you do? How do you stick it to them and make them change?
Many facilities are funded by Medicare and Medicaid, thus they are subject to regulatory oversight. Those agencies and as well as the state Department of Health can require improvements in policies and procedures, or withdraw funding or levy fines to force change. ECF residents are vulnerable and the government is charged with protecting them from harm. Also any licensed personel may be subject to censure if they have been negligent. A lawyer can expedite this without having to file a suit, but by proper notification, alerting the media, or threatening a suit. If nothing else they can assist with explaining rights and methods of recourse.
2011NursingStudent
346 Posts
Please call an attorney. That is absolutely ridiculous.