COVID-19: What the Pandemic Means for Workers’ Compensation Claims

While many of us have worked from home during the COVID-19 pandemic, certain essential workers have continued to report to work, where they risk catching the coronavirus. Those who become ill because of exposure through their job duties would ordinarily expect to qualify for workers’ compensation benefits, but South Carolina’s law will make this a case-by-case determination for workers who contract COVID-19 as the nature of an illness acquired in a pandemic raises questions about a potential workers’ comp claim.

The South Carolina workers’ compensation attorneys of Joye Law Firm are reviewing workers’ compensation claim cases related to occupational exposure to COVID-19. While these cases will need to be tightly screened, we will fight to help you pursue the workers’ comp benefits available under S.C. state law when we accept these cases, just as we have for South Carolina workers for more than 50 years.

What is a Coronavirus and COVID-19?

Coronaviruses are named for the crown-like spikes on their surface (a “corona”). There are four main sub-groupings of coronaviruses (alpha, beta, gamma and delta) and seven coronaviruses that can infect humans.

The common cold and influenza are coronaviruses. Two other well-known human coronaviruses are MERS-CoV (Middle East respiratory syndrome, or MERS) and SARS-CoV (severe acute respiratory syndrome, or SARS).

A virus is a microscopic parasitic organism that must invade the living cells of another organism to grow and reproduce. The ability to mutate is why some viruses change slightly in each iteration – or even in each infected person – making treatment more challenging.

The newest human coronavirus is SARS-CoV-2, a unique coronavirus disease identified in 2019, which is why it’s referred to as COVID-19. It is a respiratory illness. The virus invades cells of the lungs to reproduce, which damages the lungs.

COVID-19 can be deadly, and there is no known cure or vaccine for it at present. Recently, a corticosteroid known as “dexamethasone” was shown in a major clinical trial to significantly reduce deaths among severely ill COVID-19 patients.

How is This Coronavirus Spread?

The COVID-19 coronavirus is spread from person to person. Researchers say that the new coronavirus is spread through droplets released into the air when an infected person coughs, sneezes or even talks. This explains why most athletic events are now banning fans from attending as it would be dangerous to be surrounded by many people yelling in support of their team.

A mist of tiny droplets containing the virus can remain suspended in the air for a period of time, a Scientific American report explains.

These droplets can land in the mouths or noses of people who are nearby or may be inhaled into the lungs, the Centers for Disease Control and Prevention (CDC ) says.

In late May, the CDC said it may be possible to get COVID-19 by touching a surface or object that has the virus on it and then touching your own mouth, nose or eyes, but this isn’t thought to be the main way the virus spreads.

Are Employees With COVID-19 Entitled to Workers’ Compensation Benefits?

Workers’ compensation is an insurance program that provides benefits to workers who suffer an illness or injury arising out of and in the course of employment.

South Carolina law recognizes certain “occupational diseases” as qualifying for workers’ compensation if they are caused by a hazard peculiar to an occupation or by continuous exposure to the normal working conditions of the occupation.

Usually, acquiring a non-occupational disease does not make a worker eligible for workers’ comp benefits, because the illness did not arise out of the course of employment. For example, the common cold or flu could be contracted anywhere, not necessarily at the place of employment.

However, the National Law Review says an otherwise non-compensable illness could be compensable if the worker’s employment subjects them to an increased risk.

“Given that COVID-19 will likely be considered a non-occupational disease, employers should consider whether their employees who contracted COVID-19 were subjected to an increased risk of developing the illness at work, or whether the employment aggravated the condition,” the NLR says. It would appear that healthcare workers, first responders, and those who routinely interact with the public as part of their job would have a better chance of qualifying for benefits based on an increased risk of exposure due to their job duties, the NLR says.

Based on the language in South Carolina’s Workers’ Compensation Act, a worker who has contracted COVID-19 would likely be better off asserting that he or she has sustained an “injury by accident”, rather than contending that they has contracted an “occupational disease.” Section 42-11-10 of the Act bars coverage for an occupational disease if the disease results from exposure to fellow employees, or from a hazard that the employee could have been equally exposed to outside of his employment, or if it’s an ordinary disease of life to which the general public is equally exposed. Based on this language, you can see the uphill battle that a worker with COVID-19 would face in asserting that an occupational disease has been contracted.

However, a worker with the COVID-19 condition could certainly assert that she has sustained an injury by accident if the worker’s employment is one where it can be proved that exposure to ill persons (medical workers, EMT’s, prison workers) or to a large number of the general public (grocery store, restaurant and other retail store workers) makes it more probable than not that the worker contracted her condition due to her employment. To date, several hundred COVID-19 workers’ compensation claims have been filed in South Carolina. To this author’s knowledge, the workers’ compensation insurance companies have denied all of these claims so they will have to be litigated before the Workers’ Compensation Commission. Multiple commissioners have indicated that they will adjudicate these cases based on the unique facts involved with each worker’s claim.

What Workers’ Comp Benefits Might Be Available Due to COVID-19?

Workers’ compensation benefits include payment of all medical bills and a portion of wages lost due to the individual’s inability to work. There are additional payments available for permanent disability or the death of the worker, with the latter going to surviving family members.

A Bloomberg News report says the aftermaths of epidemics caused by similar viruses suggest that disabilities caused by COVID-19 could last more than a decade or be permanent. Studies of COVID-19 survivors in China show reports of breathlessness, fatigue, body pain and poorer functioning in their lungs, heart and liver months after first becoming infected. When these permanent impairments due to COVID-19 are supported by medical evidence, a worker whose claim was found to be compensable will be entitled to benefits for the same.

South Carolina Workers’ Compensation Claims Process

A worker who has been diagnosed with COVID-19 in South Carolina should report the illness to his or her employer and request medical care to start the workers’ compensation claim process.

Officially, you have 90 days from the date of diagnosis to notify your employer, but this deadline is waived for a worker physically or mentally incapable of reporting their illness. That would apply to many seriously ill COVID-19 victims. Bottom line, it is best to notify your employer as soon as possible.

If a COVID-19 claim is not accepted (and this should be anticipated), the employee will have to file a Form 50 with the South Carolina Workers’ Compensation Commission. In the event of a death, a family member would file a Form 52. If your COVID-19 claim has been denied, DO NOT try to handle your claim on your own. These are extremely complicated claims and it will be crucial that supportive medical evidence is gathered for you to have a viable chance of winning your case. Doing this work is part of our job as experienced workers’ compensation lawyers.

If your employer or their insurer denies you benefits, you have the right to ask for a hearing before the S.C. Workers’ Compensation Commission (WCC), where a commissioner will review your case and make a decision. Depending on the nature of your claim, you may be required to try mediation before the hearing. If your claim goes to a first hearing and you are not satisfied with the outcome, you can appeal to a second stage, which is a review by a panel of three commissioners. A third appeal of a denied workers’ comp claim would go to the S.C. Court of Appeals.

Contact a South Carolina Workers’ Compensation Attorney

It is very likely that a claim for workers’ compensation based on occupational exposure to COVID-19 will be denied by the employer and/or insurer. If your claim is challenged, don’t give up. Instead, you should have an attorney representing you at the initial hearing. It will be conducted according to court rules and include the opportunity for both sides to offer evidence and testimony.

A workers’ compensation lawyer at Joye Law Firm can help you compile evidence to support your claim and advocate for you before the S.C. Workers’ Compensation Commission. We can help prepare your initial claim and represent you throughout the appeals process, if necessary.

Call us at 888-324-3100 for a free, no-obligation review of your workers’ compensation claim or contact us online. We have offices with workers’ compensation attorneys in North Charleston, Columbia, Clinton, and Myrtle Beach and we represent injured workers throughout South Carolina.

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CNA Hits Memory Care Resident in the Face

Dundee Manor, LLC in Bennettsville, SC, has been cited after state investigators found that the facility “failed to ensure resident[s] were free from abuse.” In this situation, a CNA (Certified Nursing Assistant) punched a resident suffering from Dementia in the face after the resident became combative.

According to the facility investigation of the incident, a CNA and CNA in training were in the resident’s room administering care when the resident became combative and hit the CNA. The CNA in training witnessed the CNA respond by punching the resident in the face twice, bloodying the resident’s nose and mouth. The CNA called another CNA in the room and initially told them the resident “hit their head on the bed.” They eventually admitted to hitting the resident. The CNA in training and other CNA reported the incident to the facility administrator and DON (Director of Nursing) immediately.

The CNA who struck the resident clocked out and left Dundee Manor immediately following the incident. Statements were taken from the CNA called in after the incident and CNA in training who witnessed the incident. The CNA who struck the resident refused to answer any calls regarding the incident. The facility contacted local law enforcement and sent the resident to the hospital for evaluation.

The facility asked the accused CNA to return for a drug test because they suspected the influence of drugs or alcohol. The CNA cooperated, however, the “urine specimen provided did not have a high enough temperature to be utilized,” so the test was inconclusive.

The police initially stated that the CNA was acting in self-defense and declined the case. After the facility administrator notified the sheriff that “all staff, including CNAs, were trained to walk away and not retaliate when residents become combative,” the sheriff agreed the situation had originally been mishandled by the police. The sheriff notified the facility administrator that they would request a warrant for the CNA’s arrest, but since it was Friday, it likely wouldn’t happen until Monday because it was the weekend.

Before the CNA was arrested, the facility administrator was notified that the CNA had been hospitalized after a car accident the CNA had caused. They had been driving under the influence of alcohol and another unknown substance. The Facility Administrator fired the CNA over the phone. They were later arrested and charged for assaulting the resident.

Don’t wait. Get help for nursing home abuse today.

If you suspect nursing home abuse, we will provide a free, confidential case evaluation with no obligation to hire us. With nearly 250 years of shared experience, Joye Law Firm attorneys are consistently recognized by clients and peers at the highest level of professional excellence. We make sure to fight hard for our clients and are honest with them every step of the way.

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Resident Dies After Getting Locked Out of Nursing Home Facility

Linville Court at the Cascades Verdae in Greenville, SC, was cited after the facility “failed to provide adequate supervision for a resident in a weakened physical state from multiple medical conditions.” The resident exited the facility at 3:05 AM and could not get back inside the building because the doors auto-lock. He was found two hours later, where he was ultimately pronounced dead.

The investigators reviewed the facility’s security video footage to track the resident’s movements the morning of the incident. The citation lists in details the events that occurred in the footage:

The resident opened the exit door and walked out. No staff were seen in the area on the video. [The resident] was fully dressed and his nasal canula was in place, but the oxygen tubing was draped behind him and not connected to the oxygen tank. The resident was wearing his shoes and had his glasses on. The resident stood outside on the sidewalk by the door for about 5 seconds with his back to the door. When he turned around to face the door leading back inside the building, he was slightly off balance and leaning to one side. [The resident] tried to open the door to re-enter the building, but the door would not open. The resident was not observed to knock on the door or call out for assist. The resident stood there looking in the door for a time. There were no staff noted to be in view during the piece of the security footage of the incident shown to the surveyors. The video ended with the resident just standing facing the door.

The facility shared this short piece of footage but no other footage. The investigators requested a full copy of the footage, but it was not provided. There was no video evidence of the resident walking around the building to get to the front doors. However, the Administrator stated “the resident walked away from the door he exited, toward the parking lot after he was unable to get back in the building…. He must have walked off the sidewalk because he was found by staff lying face down on the grass about 60 feet from the sidewalk by the window of [a] room.” The Administrator also stated the resident was unresponsive, even after attempting CPR.

The investigators reviewed the facility’s Move-In Packet, which confirmed that there was no information given to any resident that the exit doors lock automatically when you leave the building. The Administrator confirmed there were no alarms on the exit doors to alert staff of residents who leave the building. There’s also no doorbell to alert staff that a resident needs to get back in.

Further review during the investigation revealed a note by a staff member who was present during the incident. The note said that a Private Sitter (PS) was on duty providing one-on-one care for another resident. The PS was asked to help check for the missing resident in this citation. The PS looked in the resident’s room and the TV room but was unable to find him. At this time, another staff member said she “had seen a body out of the window of a room.” The PS and the staff member went outside and found the resident face down on the ground. They turned him over, and he was wet like it had been raining; it was not raining at the time, but it had rained earlier. The PS and staff member noted the resident was not moving or speaking. He still had his glasses on.

The investigators reviewed the facility’s notes on the resident. The partially completed documentation revealed the resident had no mood or behavior issues and did not show signs of elopement. The resident could walk around but only with assistance from one staff member. He wasn’t steady when he walked, but could stabilize himself with the help of a CNA or walker. The resident’s care plan didn’t find the resident at risk for falls, but it did indicate he had a respiratory infection. According to another staff member, the resident was “totally cognitively aware of his surroundings.”

In response to the citation, the facility placed warning signs by the exit doors. The signs indicated that those seeking to the leave the facility would not be able to get back in without a fob (digital device that acts as a key). The facility also ordered ten doorbells that would send signals to staff members if a resident were to leave. The admission packet was also updated to include information regarding the exit doors and their auto-lock feature.

Don’t wait. Get help for nursing home abuse today.

If you suspect nursing home abuse, we will provide a free, confidential case evaluation with no obligation to hire us. With nearly 250 years of shared experience, Joye Law Firm attorneys are consistently recognized by clients and peers at the highest level of professional excellence. We make sure to fight hard for our clients and are honest with them every step of the way.

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Resident Suffers Four Hours Without Care

Patewood Rehabilitation & Healthcare Center has been cited after a resident waited more than four hours to have their adult diaper changed. The resident requested help multiple times, and no nursing home staff assisted in this time.

A Certified Nursing Assistant (CNA) responded to the resident’s call light in their room at 8:00 am. The CNA told the resident that the staff was in the middle of passing out breakfast trays, and that she would come back soon to help. The CNA returned at 10:45 am and provided perineal care, but did not complete the morning care that the resident had requested more than two hours prior. The CNA told the resident, yet again, that they would return in two hours. When the CNA failed to show in the next two hours, the resident called again for help. The resident’s son and family visited in the middle of the day and noted a distinct smell in the room, as if the resident had not been changed regularly. The resident eventually got help at 3:00 pm, four hours and fifteen minutes later.

The CNA stated that they came to help the resident a few minutes after 3:00 pm because they saw that the resident’s call light was on. The CNA said that the resident was yelling and cursing when they arrived, shouting that four CNAs had ignored the call light. The CNA told the resident that they had no control over other aides and that they did not know the resident had waited for over an hour, but that they would help change the resident. According to the CNA, the resident continued to yell, so they asked for help from another CNA and a Licensed Practical Nurse (LPN).

The nursing home’s internal investigation states that when the CNA came to help the resident at 3:00 pm, a verbal altercation ensued. An LPN asked the CNA to leave the resident’s room. The LPN’s statement showed that the resident was crying, saying that their light had been on for a long time with no response. The resident claimed that they had not received care for hours and could smell themselves. Instead of responding to the resident’s concerns, the CNA insulted the resident and pointed their finger, arguing loudly with the resident. The LPN had to ask the CNA to leave the resident’s room numerous times before they walked out, slamming the door as they left.

The resident shared with the nursing home’s social services that they were shaken up by the incident, fearing that the CNA would try to come to the nursing facility and harm them. The psychological effects of nursing home abuse can last long past a specific event. This resident trusted the nursing home and nursing staff to care for them in their most vulnerable moments, and that trust was betrayed when one CNA failed to provide daily care. Other nursing staff also ignored the resident, even when their call light was active for more than an hour.

The CNA stated in an interview with the state investigator who compiled this citation report that this specific resident needed their vital signs taken every two hours because they had a fever. They also claimed that they changed the resident every time vital signs were taken, which was not the situation the resident or other nursing staff had described when reporting this incident. In the statement of one nursing staff member, the resident shared that their call light had been taken by the CNA.

The facility’s investigation did find the resident’s claims of neglect to be substantiated. In this case the resident’s reported neglect was witnessed by other staff members as well as their families. When a nursing home provides poor care to one or more residents, it is important that residents and their families speak up. Knowing the signs of abuse and neglect is the first step to protecting loved ones in a nursing home. This resident’s family was able to recognize a sign of neglect – a foul smell in a resident’s room – and the resident reported the issue to the facility.

Don’t wait. Get help for nursing home abuse today.

If you suspect nursing home abuse, we will provide a free, confidential case evaluation with no obligation to hire us. With nearly 250 years of shared experience, Joye Law Firm attorneys are consistently recognized by clients and peers at the highest level of professional excellence. We make sure to fight hard for our clients and are honest with them every step of the way.

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Florence Nursing Home Cited After Failing to Respect Resident’s End of Life Wishes

Commander Nursing Center in Florence, SC, has been cited after state investigators found that the facility “failed to ensure [a resident] had the opportunity to make a health care decision.” In this situation, the facility took a Do Not Resuscitate order signed by a family member without the required signatures from two physicians to determine the resident’s ability to make their own decisions.

The resident’s health changed, requiring cardiopulmonary resuscitation (CPR). The nursing home did not administer CPR, and the resident passed away. The state investigator found a form from South Carolina Emergency Medical Services, signed by a family member, directing medical providers not to intervene in a situation such as this.

The form did not, however, have the signatures from two physicians. The nursing home did not have record of a physician’s order in their electronic records, so multiple staff members looked through their written files for two hours while the state investigator continued to interview nursing home staff. They did not have a physician’s order for Do Not Resuscitate.

This is an essential part of a Do Not Resuscitate order; individuals must be able to make their own health decisions unless they have been reviewed as unable to make their own decisions regarding medical care. A family member may have their loved one’s best interests in mind, but they are not qualified to decide whether or not their loved one can make their own health decisions.

Advance directives, or wishes of an individual regarding their own death, are to be protected and correctly observed. The facility’s policy clearly stated that they should “adhere to residents’ rights to formulate advance directives,” communicating these wishes clearly in every document relevant to a resident’s medical record. Not only were nursing home staff working from an invalid form to care for the resident, but they also struggled to sort through different sources of medical information about the resident. All information in a resident’s medical record should be accurate and consistent between physical and electronic records throughout the nursing home.

The facility also failed to tell the resident’s physician of their change in health. The nursing home called the physician after the resident passed, rather than as their health was failing. The resident’s physician and responsible representatives, such as a family member, should be notified immediately of changes to a resident’s health.

The facility was given a citation code by the state of “immediate jeopardy.” This is a serious level of offense and is often the subject of the citations discussed in this legal blog. The nursing home did submit a correction plan. This plan included a thorough investigation of the records of residents deemed at risk of passing. They would assess the accuracy of these records and notify physicians and resident representatives of the records they had on file.

Commander Nursing Center also created an educational plan for its staff, including the immediate changes the nursing home was making to advance directives and code status. The facility promised to include a review of this policy in their daily morning meeting. The nursing home also planned to monitor the effectiveness of their new measures every week for four weeks and perform a Root Cause Analysis to identify root cause and immediate interventions if a break in policy was identified.

Commander Nursing Center has been cited previously and discussed in a number of our earlier legal blog posts. The facility has been cited for the abuse of a resident in relation to toileting needs, for multiple cases of mishandling instances of abuse, and has been noted as a Special Focus Facility in South Carolina.

Don’t wait. Get help for nursing home abuse today.

If you suspect nursing home abuse, we will provide a free, confidential case evaluation with no obligation to hire us. With nearly 250 years of shared experience, Joye Law Firm attorneys are consistently recognized by clients and peers at the highest level of professional excellence. We make sure to fight hard for our clients and are honest with them every step of the way.

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Facility Fails to Protect Memory Care Resident

Prince George Healthcare Center in Georgetown has been cited because “the facility failed to
make sure that the nursing home area is free from accidental hazards and risks and provides supervision to prevent avoidable accidents.” Because of this, a resident was put in immediate jeopardy.

According to the inspection report, the resident often wanders around the facility. She also often tries to leave the facility, “attempts to void in inappropriate places/trash cans,” and “prefers to sleep on [the] couch in the main area at times.”

With the resident’s needs in mind, the goal of her care plan was to “let her wander safely within specified boundaries.” The approaches listed in the resident’s care plan to attain this goal were to:

– Remove the resident from others’ rooms and unsafe situations when she wandered.
– Approach the resident from the front and walk in step with her before redirecting her.
– Provide the resident with activities based on her prior lifestyle, like folding towels.
– When resident begins to wander, provide comfort measures to make sure her basic needs (i.e. pain, hunger, toileting, etc) are being taking care of.

On multiple occasions, the resident was combative and redirection was unsuccessful. She often wandered in and out of other residents’ rooms, tried to undress, looked for exits, and ran down halls, sometimes with her pants around her ankles. Staff had difficulty redirecting her, and ended up having to medicate her to go back to bed on many occasions.

On on occasion, the resident attempted to find exits several times. The alarms sounded and staff were able to stop her, but it was very difficult to redirect her. Another time, she was wandering the halls in just briefs and shirt looking for exits. She held the door until the alarm sounded, then would try another exit down the hall until that alarm would sound. Sometimes she was easily redirected, and others she was very difficult.

According to the incident report, she wandered into a day room and removed her pants over a trashcan. She was redirected to her own room by staff. This same shift she was redirected from several other rooms, but was not combative. It wasn’t uncommon for her to try to take her clothes off, which was sometimes resolved after toileting. She was often confused and in others’ rooms, but not combative and didn’t affect anyone directly.

However, this wasn’t always true. The resident was, in multiple instances, combative and put herself and other residents at risk.

According to the report, the resident had chased a staff member out of a room agitated, forcefully grabbed the arm of a visitor, and been combative during care from nursing home staff. She had wandered from room to room, tried to push a resident out of their own room and scratched their hands before being redirected, upsetting the other resident.

Another incident reported the resident running down the hall and into a room where she hit her head on a door, resulting in a laceration above her left eye. Staff applied sterile strips and reported no other injuries. Later that day, the resident was running around the unit again, very unsteadily. She was looking for exits, entering others’ rooms, rummaging through drawers and was very difficult to redirect.

Another day, the resident tripped over a wheelchair when running in a day room. Nurses reported she did not hit her head and had no apparent injuries. They attempted to get her to wear a safety helmet, to which she refused, though she wore elbow and knee pads when tolerated.

In another incident, after making several exit attempts, the resident was running up and down the halls and in and out of other residents’ rooms. She later defecated on the floor.

A few days later, a nurse heard screaming from the resident’s room. Her roommate was on the floor, resident standing nearby. The resident’s roommate said “I was going to come out of the room and come down to the dining room when she came behind me and pushed me down.” When asked if she had pushed her roommate down, the resident mumbled indistinctly and did not answer the question directly. The nurses separated the residents.

Later that day, the resident refused incontinence care twice. Visibly agitated and anxious, she went to sit in a dining chair, tipping over. Nurses report she did not hit her head or sustain any other injuries.

The resident had shown the need for close supervision multiple times, causing distress and harm to herself and others. These accidents could have been easily prevented if the nursing home facility had placed this resident under closer supervision.

Prince George Healthcare Center has also been cited for failure to “provide and implement an infection prevention and control program.” The facility’s violations involved improper catheter care hygiene, improper contact precautions, wound care contamination and placing respiratory care materials on the floor. This is especially pertinent today in the age of COVID-19. The facility has had at least one confirmed case of COVID-19.

Don’t wait. Get help for nursing home abuse today.

If you suspect nursing home abuse, we will provide a free, confidential case evaluation with no obligation to hire us. With nearly 250 years of shared experience, Joye Law Firm attorneys are consistently recognized by clients and peers at the highest level of professional excellence. We make sure to fight hard for our clients and are honest with them every step of the way.

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Commander Nursing Center Fails to Protect Residents From Abuse & Neglect

Commander Nursing Center was cited after the facility “failed to ensure that all residents remained free of abuse/neglect.” The facility did not do four vital things after three residents brought forth allegations of abuse/neglect:

1. Identity allegations/complaints as abuse/neglect;
2. Immediately implement safeguards to prevent further violations;
3. Report the allegations to appropriate authorities within the required time frames;
4. Conduct thorough investigations for the 3 residents who reported abuse/neglect.

According to the citation, staff members failed to assist Resident #1 with using the restroom when they requested help. Instead, staff members instructed the resident to use their disposable brief, which “would reasonably result in shame/humiliation.”

According to a Social Service note, the resident stated they put their call light on to get help using the restroom. When a Certified Nursing Assistant (CNA) answered the call light, the CNA told the resident to use the brief they were in. When the resident stated they would be wet, the CNA said “just do it.” The resident then wet themselves. The note also stated that the CNA was very short with the resident, but it’s not the first time the CNA has been “ugly” towards the resident.

Resident #2 reported that staff members were “rough and spoke abusively at times.” The resident was in a lot of pain due to previous broken hips, one of which was now inoperable and caused the resident “excruciating pain.” According to the resident’s complaint, a CNA was often rough with the resident and “fusses” with the resident at times. The investigator of this citation asked the resident how it made them feel when the CNA was rough with them; they began to cry and could not answer.

The investigator then interviewed the Director of Nursing (DON) regrading the rough handling. She stated she had not identified the CNA’s actions as abuse or “investigated [the complaint] as an allegation of abuse/neglect.” The DON said she talked to the staff, but there were no written statements.

Resident #3 did not receive help for incontinence over a 9 hour period. The resident stated they sat in a wet brief with a puddle under their chair from 7 AM to 4 PM. The resident also said that no one checked on them throughout the morning; the cubical curtain is usually pulled between them and a roommate, and the staff “does not usually come in to check on [the resident].” Documentation from the DON stated the following regarding the allegation: “After talking with staff, this did not occur. Resident experienced intermittent confusion.”

According to the citation, “There was no evidence of how the DON came to this conclusion. There was no evidence of any investigation of the complaint. There were no documented subsequent interviews with the resident in an attempt to validate the information. There were no written statements by staff or documented staff or roommate interviews. There was no evidence that the incident was reported to the State Agency.”

When abuse/neglect allegations come forward, there are many steps facilities must take to ensure the safety the residents. Commander Nursing Home’s neglect and abuse policy states the following:

When abuse, neglect, or exploitation is suspected, the Licensed Nurse should:

– Respond to the needs of the resident and protect them from further incident (document).
– Notify the Director of Nursing and Administrator (document).
– Initiate an investigation immediately.
– Notify the attending physician, resident’s family/legal representative and Medical Director.
– Obtain witness statements.
– Contact the State Agency and the local Ombudsman office to report the alleged abuse.

For all three residents, the proper procedures were not followed.

Don’t wait. Get help for nursing home abuse today.

If you suspect nursing home abuse, we will provide a free, confidential case evaluation with no obligation to hire us. With nearly 250 years of shared experience, Joye Law Firm attorneys are consistently recognized by clients and peers at the highest level of professional excellence. We make sure to fight hard for our clients and are honest with them every step of the way.

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Nursing Home Fails to Notify Physician of Possible Eating Disorder

Blue Ridge of Sumter was cited after the facility “failed to notify the physician of [the] presence of multiple daily episodes of behaviors, specifically chewing on clothing and/or linen to the point of destruction.” These behaviors indicated the presence of pica, an eating disorder involving the consumption of things not typically thought of as food; it often occurs in people with other mental health disorders. The lack of follow-up put the resident at risk for consuming harmful substances that could result in severe stomach problems.

The resident in this citation was admitted to the facility with “unspecified intellectual disabilities… and specified developmental disorder of motor function.” He was known to be nonverbal and “unable to participate independently with individual or group activities related to cognitive deficits and physical deficits.” The resident also exhibited recurrent, destructive behaviors; he would chew on his clothing or linens to the point where the cloth would shred. This resulted in the release of threads that could be breathed in and/or swallowed by the resident, resulting in gastrointestinal complications.

An observation of the resident was conducted in regards to his behaviors. The investigator observed the resident lying in bed chewing on a damaged hospital gown. This behavior observation was immediately verified by a Licensed Practical Nurse (LPN). The investigator reviewed the resident’s medical record, looking for notes about the resident’s chewing habits. Only a social worker’s notes revealed the resident’s ongoing chewing of garments and linens. Upon interviewing a few Certified Nursing Assistants, the investigator discovered the resident had to have his gown changed once per shifted because of his chewing behavior.

The investigator then interviewed a nursing home physician. The physician stated she was not aware of the resident’s chewing issues, referred to as “pica” by the staff. Pica is an eating disorder that involves eating items that aren’t typically considered food such as hair, dirt, material, etc. The physician stated the resident must be hungry, so she would try giving the resident double portions. When the investigator asked whether or not the physician considered the chewing a behavioral issue, she stated “when someone tries to put something in their mouth… it usually means that they are hungry.” The investigator asked if the resident had recently been seen by a psychiatric specialist. She said she didn’t remember the resident being seen by anyone else; he had been at the facility for a long time.

At the conclusion of the physician’s interview, the resident was seen sitting in direct view of the physician, actively chewing on a blanket. The physician didn’t identify the behavior as pica but agreed the resident was chewing on the blanket. A new order was initiated for the resident to get double portions for lunch and supper. The facility also planned to refer the resident to appropriate professionals who could evaluate the resident’s pica-related behavior.

Don’t wait. Get help for nursing home abuse today.

If you suspect nursing home abuse, we will provide a free, confidential case evaluation with no obligation to hire us. With nearly 250 years of shared experience, Joye Law Firm attorneys are consistently recognized by clients and peers at the highest level of professional excellence. We make sure to fight hard for our clients and are honest with them every step of the way.

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Nursing Homes Incorrectly Uses Hoyer Lift, Results in Broken Bones and Lacerations

Honorage Nursing Center in Florence, SC, has been cited after state investigators found that the facility “failed to protect [a resident] for abuse/neglect.” In this situation, a resident was transferred inappropriately with a Hoyer Lift, resulting in skin lacerations and broken bones.

According to the nurse’s notes, a nurse had been called to a resident’s room by a CNA Nursing Assistant). When the nurse entered the room, the resident was in the Hoyer Lift incorrectly, and the lift was tilted sideways. The right front Hoyer pad was not attached to the Hoyer.

The CNA explained that she was using the Hoyer Lift to transfer the resident from their wheelchair to bed, but “the front bar which holds the Hoyer pad tilted sideways and the right front Hoyer pad hook slid off the metal bar of the Hoyer lift.” The CNA and nurse eased the resident to the floor. Another staff member helped the nurse and CNA assist the resident back into bed.

When the Hoyer lift fell, the resident ended up with a 1 inch deep laceration on their left lower leg. The resident also complained of pain in their right arm. The resident was taken to the ER (emergency room). X-rays showed that the resident’s right shoulder and elbow were fractured.

In an interview with the surveyor, the LPN (Licensed Practical Nurse) stated that one of the straps was not attached to the Hoyer Lift. It wasn’t torn or damaged but had not been hooked correctly. The nurse stated she spoke to the CNA and asked if she had any assistance when attempting to move the resident. The CNA said she could not find anybody to help and attempted to lift the resident alone. The nurse told the CNA she should never lift a resident by herself, and showed the CNA how the pad attached to the lift properly to prevent a strap from slipping off the hook.
Review of the nursing home facility’s Policy and Procedure on how to use the Hoyer Lift revealed:

• The Hoyer lift is operated with two facility employees present at all times while resident is being transferred. Lift Pads are to be placed under the resident while in bed. Prior to transfers make sure chains/straps are properly secured to Hoyer lift bar. Do not attempt to operate the Hoyer Lift alone or with the assistance of family members, friends or volunteers.

Don’t wait. Get help for nursing home abuse today.

Policies and procedures are in place to prevent the mistreatment, neglect and abuse of residents.
It is important that nursing home facilities follow these policies and procedures to protect their residents. In this case, failure to use the Hoyer Lift as instructed resulted in harm to a resident that could have been completely preventable.

If you suspect nursing home abuse, we will provide a free, confidential case evaluation with no obligation to hire us. With nearly 250 years of shared experience, Joye Law Firm attorneys are consistently recognized by clients and peers at the highest level of professional excellence. We make sure to fight hard for our clients and are honest with them every step of the way.

The post Nursing Homes Incorrectly Uses Hoyer Lift, Results in Broken Bones and Lacerations appeared first on Joye Law Firm.

from Joye Law Firm https://www.joyelawfirm.com/2020/07/nursing-homes-incorrectly-uses-hoyer-lift-results-in-broken-bones-and-lacerations/
via https://www.joyelawfirm.com