Failure to Follow Care Plans

PHOENIX, AZ, February 24, 2011 (Press-News.org) Nursing homes receiving Medicare and Medicaid funds must comply with the provisions of the Nursing Home Reform Act (OBRA 1987). The Act provides minimum standards to ensure nursing homes provide "services and activities to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident." Among these standards is the essential development and maintenance of a comprehensive care plan for each nursing home resident - a written communication regarding the unique needs of each resident.

Understanding the Care Plan

The care plan assists caregivers in documenting an elderly patient's condition and any changes he or she might experience over time. The plan outlines such things as whether the resident can feed himself, walk unassisted and recognize his surroundings.

The care plan is created by the nurses, physicians, dieticians, and other staff members involved in your loved one's care. These medical professionals will meet with you to discuss the resident's needs. What specific care is needed and who will provide each type of care is also documented.

As a family member of the resident, you have the right to access the care plan. You should be given the opportunity to read it and you should follow the plan until such time as the resident's needs change and the plan requires adjustment. Remember that your senior deserves to receive quality care in a safe, comfortable environment. The care plan should ensure this is the case.

When Following the Care Plan Fails

A caregiver's failure to follow a care plan may indicate abuse and negligence, including physical, emotional and sexual abuse, lack of proper care, or inappropriate use of medications and restraints.

Nursing home negligence is a very serious problem that can have devastating effects on your loved one, leading to malnutrition, weight loss, bed sores, depression, bruised or broken bones, poor hygiene and even death.

Sometimes, a failure to follow the care plan occurs because many nursing homes are understaffed. Staff are not informed of the plan or do not take time to follow the plan. In these cases, a lack of training or poor supervision is often at the core of the issue.

If you suspect the nursing home has failed to follow the care plan, you have the right to take legal action. Talk to an attorney who has in-depth knowledge about the medical and legal ramifications of nursing home abuse and neglect. They will work closely with you to explore your legal options and hold the caregivers accountable for failure to follow the care plan.

If you live in the Phoenix, Arizona area, please visit the website of nursing home abuse and neglect attorneys Cullan & Cullan M.D., J.D. today at www.stopnursinghomeabuse.org.