Protecting Your Rights - Protecting You
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Nursing Home Abuse and Neglect

5/2/2009
Barry Doyle
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Failure to follow care plan results in fall

A nursing home in Minnesota was cited after a resident suffered a fractured elbow in a fall.  State authorities concluded that neglect was the cause of the nursing home resident's injuries because she was being transferred without a transfer belt and with only one person instead of two as called for in the care plan.

A transfer belt is also referred to as a gait belt.  Basically, it is a canvas belt that is put around the resident's midsection while the the resident is being transferred.  The belt allows the aide to control the resident without holding onto clothing (which can tear) or the resident (which can cause injury).  Using a gait belt is an important nursing home fall prevention measure.

Our firm has settled two DuPage County nursing home fall cases where the resident was being transferred without a gait belt.  In both of the cases we handled, the nursing home employee had a gait belt with them, but decided not to use it.

The other basis for the citation in the news story was the failure to follow the care plan by only using one person for transfers instead of two.  Not having enough people on hand to carry out the care plan can be the basis of a nursing home abuse and neglect lawsuit as well.

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