Other Failures of Care

Aspiration Pneumonia:
Our office has seen an increase in the number of aspiration pneumonia claims in recent years. Aspiration pneumonia is the result of a foreign substance (usually food or liquids) being drawn into the lungs, causing breathing difficulties, pneumonia and even death.

Many nursing home employees are poorly trained to recognize swallowing disorders in residents. Those residents are at high risk for aspiration pneumonia. Feeding a resident who is unable to eat independently or who has difficulty in chewing or swallowing food requires considerable knowledge.

New rules adopted by CMS (Centers for Medicare and Medicaid Services) in 2003 allow nursing homes to employ "feeding assistants." While certified nursing assistants must receive a minimum of 75 hours of training, feeding assistants are only required to complete eight hours of training and do not have to demonstrate any competency in that task prior to hiring.

Fecal Impactions and Urinary Tract Infections:
It goes without saying that an individual must have regular bowel movements and urinary output to maintain optimal health. Nursing home residents are particularly at risk for serious health problems associated with these areas. All nursing home residents' bowel and bladder habits must be monitored by the nursing home to prevent severe adverse health situations.

The failure to provide the necessary services to maintain bowel and bladder health can lead to fecal impactions and frequent urinary tract infections, both of which may present life-threatening situations.

The information provided on this site relative to failures of care in a nursing home setting is meant as a brief overview. Specific Federal and State laws and regulations apply and each case is unique and fact-intensive.