The Connecticut Department of Public Health (DPH) cited the Candlewood Valley Health and Rehabilitation Center in New Milford for patient neglect – specifically, failing to provide adequate care to a resident who needed wound treatment.
The patient, who was diagnosed with dementia and depressive disorder after a psychiatric evaluation last August, developed leg sores but refused all treatment, saying, “I just want to die” and acting out aggressively against staff.
Because of the overseeing physician’s decision in the woman’s case, her leg sores began to fester and, according to the DPH report, her legs were found to be “infested with maggots” after a state inspection.
The DPH report states that the patient’s psychiatric evaluation determined that her dementia and depression necessitated transfer to an inpatient psychiatric facility. However, Candlewood’s attending physician refused to sign the psychiatric admission, saying that the resident was not in imminent danger and would only be harmed by the psychiatric facility’s sedation and restraints.
The nursing home was cited for patient neglect, because they failed to develop an alternative plan of care to address the patient’s refusal of treatment. The DPH fined Candlewood $1,020.
Patient Neglect vs. Refusal of Treatment
Nursing homes, also referred to as skilled nursing facilities, provide a high level of treatment to a variety http://www.phpaide.com/forum.php?langue=fr&page=1 of patients, who have serious disabilities or mental disorders, especially elderly patients who are sick or nearing the end of life. It is important to remember that living in a skilled nursing facility, whether the situation is temporary or long-term, does not remove a patient’s rights to determine their course of treatment. Patients have several rights, including the right to refuse treatment.
However, patients with mental disorders like dementia or Alzheimer’s often do not have the right to refuse treatment. It is important to speak with the patient’s family, as a family member will often have Power of Attorney and can, when the patient is no longer able to make informed decisions for him or herself, make medical decisions on behalf of the patient. This includes determining which treatments the patient can refuse safely, and which treatments – including meals – are absolutely necessary for the patient to live.
In recent years, however, nursing homes have frequently been accused of various forms of patient neglect, ranging from refusing to perform CPR, to allowing patients to refuse medically-necessary treatment. Nursing homes have been accused of being driven solely by profit, and an article in Bloomberg outlines a federal study showing that the US nursing home industry frequently overbills Medicare. The rise of for-profit nursing care facilities not only contributes to patient neglect, but incidents of fraud for both patients and their families.
The Strom Law Firm Can Help with Patient Neglect and Nursing Home Abuse
Nursing home abuse and patient neglect cases can be difficult to establish because of a widespread tendency by insurance adjusters, physicians, among others, to discount an elderly person’s injuries and the diminished quality of life that results from these damages. If your loved one has been injured while under the care of a nursing home, contact the Strom Law Firm, LLC nursing home lawyers today for a free consultation to discuss your best possible course of action. We offer flexible appointment times and will aggressively fight for justice.
