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Legal Aspects Of Health Care Administration 11th Edition by George Pozgar
Edition 11ISBN: 978-0763780494Legal Aspects Of Health Care Administration 11th Edition by George Pozgar
Edition 11ISBN: 978-0763780494 Exercise 17
Facts
In Illinois, a nursing facility by statute has a duty to provide its residents with proper nutrition. Under the Nursing Home Care Reform Act, the owner and licensee of a nursing home are liable to a resident for any intentional or negligent act or omission of their agents or employees that injures a resident. The act defines neglect as a failure of a facility to provide adequate medical or personal care or maintenance, when failure results in physical or mental injury to a resident or in the deterioration of the resident's condition. Personal care and maintenance include providing food, water, and assistance with meals necessary to sustain a healthy life.
The nursing facility in this case maintained no records of the resident's fluid intake and output. A nurse testified that such a record was a required nursing facility procedure that should have been followed for a person in the resident's condition, but was not.
The resident's condition deteriorated after staying 6.5 days at the facility. Upon leaving the facility and entering a hospital emergency department, the resident was diagnosed by the treating physician as suffering from severe dehydration caused by an inadequate intake of fluids. The nursing facility offered no alternative explanation for the resident's dehydrated condition.
The trial court found that the record supported a finding that the resident had suffered from dehydration as a result of the nursing facility's negligence. The defendant appealed the jury verdict.
Issue
Did the nursing facility resident suffer harm as a result of the facility's negligence?
Holding
The Illinois Appellate Court upheld the trial court's finding that the resident suffered dehydration due to the nursing facility's negligence.
Reason
The evidence demonstrated that the proximate cause of the resident's dehydration was the nursing facility's failure to administer proper nourishment; therefore, the jury reasonably concluded that the nursing facility's negligence caused the dehydration.
What is the mechanism for screening and assessing the nutritional needs of patients in your organization?
In Illinois, a nursing facility by statute has a duty to provide its residents with proper nutrition. Under the Nursing Home Care Reform Act, the owner and licensee of a nursing home are liable to a resident for any intentional or negligent act or omission of their agents or employees that injures a resident. The act defines neglect as a failure of a facility to provide adequate medical or personal care or maintenance, when failure results in physical or mental injury to a resident or in the deterioration of the resident's condition. Personal care and maintenance include providing food, water, and assistance with meals necessary to sustain a healthy life.
The nursing facility in this case maintained no records of the resident's fluid intake and output. A nurse testified that such a record was a required nursing facility procedure that should have been followed for a person in the resident's condition, but was not.
The resident's condition deteriorated after staying 6.5 days at the facility. Upon leaving the facility and entering a hospital emergency department, the resident was diagnosed by the treating physician as suffering from severe dehydration caused by an inadequate intake of fluids. The nursing facility offered no alternative explanation for the resident's dehydrated condition.
The trial court found that the record supported a finding that the resident had suffered from dehydration as a result of the nursing facility's negligence. The defendant appealed the jury verdict.
Issue
Did the nursing facility resident suffer harm as a result of the facility's negligence?
Holding
The Illinois Appellate Court upheld the trial court's finding that the resident suffered dehydration due to the nursing facility's negligence.
Reason
The evidence demonstrated that the proximate cause of the resident's dehydration was the nursing facility's failure to administer proper nourishment; therefore, the jury reasonably concluded that the nursing facility's negligence caused the dehydration.
What is the mechanism for screening and assessing the nutritional needs of patients in your organization?
Explanation
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The nutritional needs of patients in the...
Legal Aspects Of Health Care Administration 11th Edition by George Pozgar
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