The American Healthcare Association and National Center for Assisted Living (AHCA/NCAL) recently reported that over 90 percent of nursing homes surveyed across the country suffered from staffing shortages. This is a worrying statistic, considering the trust we put into these institutions to take care of our aging loved ones. An understaffed business is a problem, but an understaffed nursing home is a crisis, as it represents the real possibility of people getting hurt.
If you suspect that someone you care about is being neglected in a nursing home due to understaffing, you should strongly consider seeking legal representation to help you build a case against the facility. At Nursing Home Injury Center, we represent clients in nursing home abuse and neglect claims, fighting for just compensation for your loved ones. We are a small division of a larger firm, so when you work with us, you will get full attention from our attorneys.
We are prepared to investigate nursing homes to identify evidence of understaffing, making note of subtle and overt signs of inadequate care.
Observations
In some cases, you can tell that a nursing facility is understaffed from a single visit. Our attorneys will document any irregularities that may suggest a lack of resources. For instance, does it take a long time for a staff member to answer the phone? Are the employees seemingly running around in a hurry? Are residents left unattended for hours at a time? When there are not enough hands on deck, the staff may spread their resources thin trying to meet demand.
Our lawyers will document even the slightest odd occurrences in your claim if there is cause for concern. As part of our investigation, we will visit the nursing facility so that we can familiarize ourselves with their day-to-day operations.
Billing
During the intake process at a nursing home, the staff will evaluate the individual needs of the resident and factor that into their billing. These needs may include specialized equipment, medication, or physical therapy, all of which come with a price tag. Many of these facilities are government-funded, paid through taxpayer healthcare programs.
Billing can indicate understaffing when a nursing home is paid for services never rendered to a resident, a form of fraud. Our attorneys can follow the paper trail to see if residents are actually getting the care provided by taxpayer dollars.
Discrepancies in Reporting
In an effort to hold nursing homes to a standard of accountability, the federal government places mandates on minimum staffing requirements. A recently enacted law requires nursing home staff to provide 3.48 nursing hours per resident in a given day. Furthermore, per the federal standard, a nursing facility must have a registered nurse on-site at all times to address any urgent medical needs.
A study by the AHCA/NCAL research department found that a mere six percent of nursing facilities actually meet the requirements set out by the government. In an attempt to stay in business and avoid penalties, nursing homes may attempt to falsify their staffing reports. At Nursing Home Injury Center, our lawyers can cite these requirements in your claim for compensation, noting issues with compliance.
Evidence From Accidents
Many cases of neglect in nursing homes can be traced back to a lack of adequate staffing. For instance, a resident may need to be turned over in bed once every few hours to avoid bedsores, but an understaffed nursing home might not be able to address this need in a timely manner. In other cases, a resident might require multiple people to be safely lifted, otherwise risking a fall. Overworked, apathetic staff may also give rise to physical and verbal abuse in a nursing home.
In any given injury claim, our attorneys will interrogate the reason behind the accident. We will not accept a nursing home’s explanation at face value if it seems there is more to an injury than the staff is letting on.
Testimony
Eyewitness testimony can be incredibly valuable for a claim against a nursing home. We can take statements from residents as well as staff who are willing to report unsafe working conditions. Former employees at the nursing home may be more willing to speak about understaffing at the facility.
While testimony alone may not be enough to prove understaffing, it can be used to corroborate your claim, especially if both residents and staff can provide their own statements.
Hiring Practices
The business practices of a nursing home can shed light on whether or not the facility is adequately staffed. A facility may have the budget to take on more employees, but if funds are being misappropriated, then the staff may be subject to long hours without much incentive to keep going.
The turnover rate of employees at the nursing home might be indicative of poor conditions as a result of understaffing, which our lawyers can cite in your claim. If staff are not being properly trained, and therefore unequipped to take care of patient needs, the resulting stress can create a high turnover rate and chronic understaffing. We can investigate whether a nursing home is doing enough to retain the employees they hire, as a revolving door of staff can create the conditions for neglect.
Meet With a Peoria, IL Nursing Home Injury Lawyer
To prove that a nursing home is understaffed, you will need to conduct a thorough inquiry into the conditions at the facility, which may involve trawling through documents and comparing the reports with federal regulations. The average person usually does not have the time or resources to carry out an investigation with this level of scrutiny, but a Peoria County, IL nursing home injury lawyer can gather the proof for a comprehensive claim.
At Nursing Home Injury Center, we are fierce advocates for vulnerable nursing home residents and their concerned families. In the past, we have secured real compensation for victims of neglect and abuse in nursing facilities, including a $300,000 settlement for a client injured in a preventable fall. To schedule a free consultation with our attorneys today, call our offices at 309-524-6900.
