• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

SNF nitemare

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

althabits

Junior Member
What is the name of your state?virginia
Maybe I posted this in the wrong place,lets see how it works here.

My mother passed away recently and I am wondering if I have any recourse against the SNF she had stayed in before she passed away. My mother had been suffering from later stage copd, and after another of her brief hospitol stays she went to a SNF for rehab before comming home. We became alarmed after her first couple of days that her care was not acceptable after she was calling us because she had difficulty with having them give her meds or changing her soiled diapers. We had a meeting with the social worker at the facility to dicuss the matter and decided to have her brought home. The problem was we needed to schedule a wheelchair van for transport as she was not in a condition to ride in a car. During this short wait of a few days we became extremely concerned her condition had gotten much worse and we confronted the staff about her condition. They did a check of her stats and the ambulance was called. My mother had contracted a severe sepsis infection from the removal of her catheter. She often got VTI infections from a catheter but they were caught quickly and treated. I feel the extent of this infection was worsened by their disregard for her hygiene. My brother and I had been going to the facility daily to assist in feeding her and to check on her condition and just give moral support and keep her spirits up as she was miserable being there.I on more than one visit pushed her call bell and after more than 45 minutes of waiting had to go find someone to tend to my mother.Upon arrival at the hospitol we also learned that they had sent the wrong persons file with them and we were fortunate to be there to let them know that file didnt belong to my mother. My mother passed away one week later as she was not able to fight off the infection in her condition. I am filing a complaint with the local health dept but Im afraid if I dont do more the facility wont do a thing to change anything they do. I think they should get more than a slap on the wrist and the only way I can think of to get their attention is to hit them in the only place they pay attention to and thats their wallet. Its sad that the poor people in that home get such poor care with them crying tight budgets while they are building a huge addition on the back of the facility. Do you think I may have a case or should I just file the report with the health dept. and turn my head the other way. I am not looking for a winfall though any assistance would be welcomed with her passing.
 


pojo2

Senior Member
>>My mother had contracted a severe sepsis infection from the removal of her catheter. She often got VTI infections from a catheter but they were caught quickly and treated. I feel the extent of this infection was worsened by their disregard for her hygiene<<

PROOF! What does the hospital records state? Will her personal Physician say she was ill treated at the home and the conditionh was exaggerated by the neglect?
 

althabits

Junior Member
well

NO your right I cant prove they did anything wrong. We should never have sent her to the facility anyway. Waiting over nite after you have told a staff member you need to be changed is normal. Having to call a family member in to the home to get your breathing treatments is totally acceptable. Having her cup of water put on her nitestand behind her head so she cant reach it is acceptable. besides that cuts down on her fluid intake so she wont need to be changed as often. I guess I should have cleaned the carpet too so i didnt have to peel her slippers up off the dried urine in the carpet where they let her catheter bag run over. Having her be in a condition when she got to the emergancy room that was so dire they told us she wouldnt make it to a room even if they had sent the correct patient file with her is understandable. i shoud have lifted her gown each time I came in to check for the rash that covered her from her knees to her stomach when she got to the emergency room. I shouldnt expect the Skilled Nursing Facility to take care of any of those things for me. they are just supposed to provide a bed and change the sheets when the patient expires. Oh I need to stop. Im not angry at the system that let my parent down. Its a corporation, why should I expect her to be treated as anything other than a source of income. Thank you for your advice.
 

sarahengland

Junior Member
I understand your frustrations, but many of the indignities of inadequate care will not help you in an actual lawsuit. You need to be able to draw a direct line from deviation of standard of care causing illness leading to her death.

So your issue becomes poor peri-care causing her a UTI, leading to, if I'm interpreting your post correctly, urosepsis. That is entirely possible, maybe even probable, I'm not saying it isn't. But the defense is probably going to argue that it could have happened anyway even with the best hygiene. Then they might tear you to pieces wondering why you didn't do this that or the other to get your mom out of there, if the care was as bad as you claim. I'm not saying its right to do this. I'm just saying that the two main defense strategies I have seen are 1)blame the patient's medical condition, if "known complication of procedure" can possibly be inserted, it will and 2)blame the plaintiff for their lack of action.

There also is the issue of your mom's end stage COPD. Unfortunately, in many cases, the sicker and closer to end of life a patient was, the less a case is "worth", and the fewer attorneys willing to litigate it, as the award might not cover the costs of trial. This is not fair, and makes it seem like anyone can do anything they like to someone facing the end of their life, but it is reality in many areas.

I say this to you as a nurse, and as a parent who has had to face the med/mal legal system, as well as talking to several other who have as well. I am not a lawyer, and attitudes vary from area to area. Someone else might have a different opinion.

Sorry for the loss of your mother. sce
 

ellencee

Senior Member
althabits
It was a bit difficult for me to follow the timeline in your mother's care; however, I believe you have ample reason to seek legal counsel.

Your mother had late stage COPD, which does predispose her to infections/sepsis, but which does not excuse the healthcare profession from providing care at the minimum standard.

I can't believe that a facility would withhold discharge to home by using the excuse of needing a wheelchair van. If the woman could sit in a wheelchair, she could sit in a car seat, though getting in and out could have required more assistance than a family member could provide. Nonemergency ambulance transport should have been provided ASAP when the family asked for the patient to be discharged to home.

Failure to answer a call light within 45 minutes is absolute negligence and in this scenario is elder abuse.

Failure to keep an incontinent patient clean and dry, two hour minimum checks/changes is negligence and elder abuse.

Failure to force fluids after urinary catheter removal is negligent and elder abuse. Placing drinks where the patient can not reach them is elder abuse.

Failure to notice, document, and report to the MD, the development of a rash is negligent.

The facility is described as SNF, which means an RN must be on duty, which in turn means that this facility is held to a higher standard of care than a non-skilled facility.

I advise you to seek legal counsel. Your mother's health and her age will diminish any potential award, but an elder law attorney should be interested in your complaint(s).

many of the indignities of inadequate care will not help you in an actual lawsuit.
That is a ridiculous and totally inaccurate statement.

althabits--give 'em hell.

EC
 

BlondiePB

Senior Member
althabits--give 'em hell.
Ditto. Now get to the courthouse tomorrow, open probate (intestate), file/apply to be executor of the estate, and get those letters of testamentary/admininstration Monday morning. You need the letters to acquire the medical records, etc.


(Note to EC -- Op had thread in probate section too.)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top