Facilities Must Monitor Residents
The failure to monitor and supervise residents can lead to very serious outcomes. Common examples are allowing residents to wander or elope from facilities or protected areas of the building leading to falls and accidents, failing to assist a resident with eating and drinking resulting in choking or burns from food or hot drinks, scalds from improper assist in showers, fractures from not helping dress and toilet and others. They all have one thing in common in that they are situations that could be prevented with proper care and supervision by staff.
Federal Regulations Require Proper Supervision
According to state and federal regulations, residents must receive care and treatment, including assessment, monitoring and supervision to have the highest quality of life practicable. In addition, according to 42 CFR 483.25 (d) the facility must ensure that –
(1) The resident environment remains as free of accident hazards as is possible; and
(2) Each resident receives adequate supervision and assistance devices to prevent accidents.
Facility Must Monitor Per Care Plan
Each resident should have a care plan or service plan which is usually based on comprehensive assessments by each member of the interdisciplinary team including the treating physician. The care plan must be followed to protect the safety of the patient. A resident must receive nursing care and treatment, personal and custodial care, and supervision based on individual needs and preferences as identified in the comprehensive resident assessment and plan of care as described in parts 4658.0400 and 4658.0405. A nursing home resident must be out of bed as much as possible unless there is a written order from the attending physician that the resident must remain in bed or the resident prefers to remain in bed.
Contact Us to Discuss Your Case
If you have concerns about injuries or wrongful death due to a failure to supervise or monitor a vulnerable adult in a care facility or hospital contact Attorney Kenneth LaBore for a free consultation at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.