Failure to Diagnose and/or Treat

Nursing home residents rely upon nursing home staff to monitor and assess the residents on an ongoing basis to identify and report any significant change in their health condition.  Nursing home staff, such as Certified Nurse Aides (CNAs), Nurses, LPNs, RNs, Dieticians, Speech Therapists, Occupational Therapists, Physical Therapists, all have a duty to monitor and assess the residents.  They do this, for example, by taking vital signs such as temperature, pulse, respirations and oxygen levels.  Some residents require daily or weekly skin assessments to monitor for potential skin issues.  Staff observe and record eating habits, bathroom habits and other day to day activities, all which could signal a serious change in condition.  Even though the nursing home staff have a duty to monitor the residents, some nursing homes are understaffed or the staff are improperly trained, resulting in delayed diagnoses, misdiagnoses, or a failure to diagnose.

A serious change in condition must be reported to the resident’s family and doctor.  Depending on the circumstances, the nursing home has a duty to send the resident to the hospital or Emergency Room.  When the nursing home fails to identify and treat a resident’s developing condition, it can lead to serious illness, injury or even death. Typical examples of conditions that develop in nursing home patients that are often undiagnosed or misdiagnosed:

  • Pressure Ulcers, also called “Bedsores” or Decubitus Ulcers
  • Urinary Tract Infections (UTIs)
  • Pneumonia
  • Stroke
  • Heart Attack
  • Pulmonary embolisms (PEs)
  • Brain hemorrhage/bleed
  • Sepsis
  • Wound Infection
  • Cancer
  • Dehydration
  • Malnutrition
  • Gangrene
  • Diabetic Ulcer
  • Ischemic Ulcers
  • Deep Vein Thrombosis
  • Other serious medical conditions

If the nursing home fails to identify a developing condition, the condition can go undiagnosed and untreated, leading to the injury or death of the resident.  Even a small delay in diagnosing a condition can be the difference in life and death.

Other times, the nursing home staff is aware of a significant condition and they fail to provide the appropriate treatment to the resident.  For instance, if the nursing home staff is aware that a resident has a bedsore and the staff does not apply the appropriate dressing, ointment or other treatment, then the bedsores can get worse and become infected.  Even a small wound, left unattended, can become infected and lead to widespread infection and even death.  Sometimes the nursing home staff has orders from the resident’s doctor, which they may not be following.  Sometimes there is not enough staff to provide the treatment as often as the resident needs.  There are many instances where the nursing home fails to send a resident out to the hospital when the resident’s condition requires it, causing the condition to worsen and lead to further illness, injury or death.

If you suspect your loved one was injured due to the failure of a nursing home or other facility to provide the appropriate care, call Wagner Hughes, LLC for a free consultation at (404) 900-6979.