hospitals and nursing homes

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Law Offices of Mary Brooksby, PLLC3636 N Central Ave, # 820

Phoenix, AZ 85012602-200-5810

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18 years or olderUnable to protect him/herself◦From abuse or neglect

Because of a physical or mental impairment.

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Federal Laws – OBRAArizona Laws – APSAPrivacy LawsCriminal Laws◦Assault & Battery, Rape, ◦False Imprisonment◦Extortion◦Etc.

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Intentional inflection of physical harm

Injury caused by negligent acts or omissions Medical malpractice

Unreasonable confinement

Sexual abuse or assault

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CHILDREN/FAMILY/FRIENDSCHARITY AND RELIGIOUS SCAMMERS

CON ARTISTSFINANCIAL ADVISORSGUARDIANS/ATTORNEYSCAREGIVERS

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Bruises, welts, sores, cuts abrasions in places that they would normally be expected.

FracturesBurns

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Torn or bloody underclothesDifficulty walking or sittingWithdrawn, shameful, anxious and fearful

Unexplained genital infectionsSTDsPregnancy

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Ridicule/demean/threaten a vulnerable adult who is a patient or resident in any healthcare setting.

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Caregiver stressDependency/impairment of the adult

Intergenerational violence and abuse

Personal problems of the caregiver

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A pattern of conduct without the person’s informed consent resulting in deprivation of food, water, medicine, shelter, or other basic needs to maintain minimum physical/mental health.

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Pressure soresUnkempt, dirty, body odorClothing is insufficientFleas and lice Malnourished and/or dehydrated

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The illegal or improper use of an incapacitated or vulnerable adult’s resources◦Bank accounts◦Property

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Conned into withdrawing cash Not allowed to speak or make decisions

Implausible explanations about their money

Concerned or confused about missing money or property

Identity theft

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Anyone can reportHealthcare providers have a duty to report

Report timelyCrime for failing to report

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Division of Aging and Adult Services

www.azdes.gov or

877-SOS-ADULT

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Four Scottsdale Healthcare Osborn employees were charged with misdemeanor counts of failing to report alleged sexual abuse.

If convicted, they would face fines of up to $2,500 and up to six months in jail.

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Long-term Care Ombudsman

Attorney GeneralPoliceFamily DoctorFamily

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Fear of retaliationFear of not being believedFear of institutionalizationFear of the criminal systemFear of isolationHCPs do not want to get involved.

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APS RegistryLoss of facility licenseLoss of professional licenses

Civil and criminal liabilityFines and other penalties

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If a lawsuit is filed or an administrative action, notify Attorney General

AG keeps a registry of adult abuse and abusers

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Only 15 % of the time did Arizona substantiate allegations of abuse, neglect or other problems in how nursing homes cared for vulnerable adults

Arizona fined poorly performing homes only 24 times in 3 years even though it wrote 958 citations.

The fines were only about $1,000

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Requires a more thorough than usual initial assessment on arrival to identify:◦Signs of abuse◦Signs of neglect◦Signs of exploitation

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Should require examination of entire body

Document findingsReport signs of abuse immediately

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Indicators:◦Albumin◦Pre Albumin◦Weight loss◦Skin turgor◦Dry mucous membranes◦Concentrated urine

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Pressure sores, arterial ulcers, stasis ulcers, venous ulcers, diabetic ulcers, skin tears, dermatitis, deep tissue injury, and maceration

And try to determine the cause so that treatment can be linked

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Location Stage Size – length, width, depth Exudate/drainage Tunneling Pain and swelling Type of tissue Odor Color

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Each parameter is converted to a subscore◦Surface area in centimeters square◦Wound exudate amount◦Wound tissue typeThe three sub-scores between “0” (closed wound) and “17”.

The scores are graphed and show trends over time

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Can distortFollow policy of institutionIf use a camera, make sure it has a grid or you use a ruler to show the size

Lawsuit exhibits

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Intact skin with non-blanchable redness of a localized area usually over a bony prominence. Darkly pigmented

skin may not have visible blanching; its color may differ from the surrounding area. The area may be painful,

firm, soft, warmer or cooler as compared to adjacent tissue.

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Partial thickness loss of dermis presenting as a shallow open crater with a red pink wound bed, without slough.

May present as an intact or open/ruptured serum-filled blister. May present as a shiny or dry shallow ulcer

without slough or bruising.

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Full thickness tissue loss. Subcutaneous fat may be visible but bone, tendon or muscle are not exposed. Slough

may be present but does not obscure the depth of tissue loss. May include undermining and tunneling.

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Full thickness tissue loss with exposed bone, tendon or muscle. Slough or eschar may be present on some parts

of the wound bed. Often includes undermining and tunneling.

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Full thickness tissue loss in which the base of the ulcer is covered by slough (yellow, tan, gray, green or brown)

and/or eschar (tan, brown, or black) in the wound bed. Until enough slough and/or eschar is removed to expose

the base of the wound, the true depth and therefore stage, cannot be determined.

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Purple or maroon localized areas of discolored intact skin, or blood-filled blister due to damage of underlying

soft tissue from pressure or shear. The area may be preceded by tissue that is painful, firm, mushy, boggy,

warmer or cooler as compared to adjacent tissue.

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Lynnette Sommars, RN DON

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Institutionalization of the Elderly Restraints Psychotropic Medications Inexperienced Nurses Disregard for quality Odors, bed sores, falls, fractures, infections

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You may hear them referred to as SNF’s Nursing homes Long term rehab Long term care

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Negative attitudes towards nursing homes Groaning about nursing home patients Looked down upon nursing home nurses They “let” them fall out of bed They ignore symptoms such as dehydration,

confusion, etc. Doctor doesn't’t have time for them

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Omnibus Act 1987Rules that were developed by consumers, federal and health care professionals to ensure that Nursing Homes become an environment to ensure that a “resident” receives medical, physical, and psychosocial services to achieve highest level of well- being.

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The Health Care Finance Administration (HCFA), which today is known as the Center for Medicare and Medicaid Services (CMS) enacted those rules. From that point a 48 page rule book has evolved into over 700 pages, a structured inspection process, a system where upon negative care outcomes are penalized even if they do not occur but have the “potential” to occur. And is ALL transparent for consumers to review!

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87% of America’s Nursing Homes receive State Medicaid monies, at approximately $122.00/ day for each resident. These monies must be utilized to:◦ Maintain home, utilities, and functional building

needs◦ Hire qualified staff◦ Maintain health and prevent negative resident

outcomes.

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Less than 8% of America’s Nursing Homes can not meet these rules and their stories make front page news.

92% of America’s Nursing Homes ARE getting the job done but their stories NEVER make the front page news!

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Staffing in a typical Nursing Home:◦ 1 RN: 24hr/ day ( RN is usually in management

position AND is responsible to assess change in condition per Scope of Practice rule) a Registered nurse is only required to be working 8/24 hours daily

◦ 1 LPN: per 24 residents on day/ evening.◦ 1 LPN: per 40 residents on night shift.

Night Shift- State Rules: “No more than 63 patients!

◦ 1 C.N.A.: per 10 residents on day shift◦ 1 C.N.A: per 16 residents on evening shift◦ 1 C.N.A.: per 25 residents on night shift

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Ability to identify exacerbation of disease process ( each resident has >10 co-morbidities).

Ability to administer medication to their assigned residents, who receive >9 medications each, and require special techniques for them to accept them.

Ability to be compassionate at ALL times and understand that spitting, screaming, fighting, scratching and punching is a “form of communication” that means something IS wrong and the Nurse MUST figure it out.

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Complete daily charting; there are no computers! Complete admissions, discharges, transfers,

appointments and ensure transportation arrangements.

Complete full comprehensive assessments on ALL residents every 90 days and write/ review care plans.

Direct C.N.A.s to complete daily assignments, bathing, feeding, toileting, return to bed and also gather data and communicate changes in resident condition.

Complete all diagnostic requests, draw labs, watch for results, and notify physician.

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100% influenza/ pnuemovax administration compliance. Maintain < 5% occurrence rates for

◦ Pressure sores◦ Falls◦ Physical function decline◦ Cognitive decline◦ Infection rate◦ Foley Catheter Usage◦ Weight Loss◦ Psychotropic Drug Use◦ AND MUST not have a SENTINAL Event: fracture,

dehydration or fecal impaction.

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They communicate with the non-English speaking, mentally ill, and the deaf.

They get their hair pulled, spit at, and things thrown at them.

Skilled nurses are given the opportunity to develop loving and lasting relationships with the individuals and their families.

They makes us laugh, they make us cry.

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The law gives special protection to children, elderly and disabled

If negligence found:◦Punitive damages◦Attorneys fee◦Institutional fines and penalties◦Criminality including jail time

BE CAREFUL OUT THERE!

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Representation of hospitals, nursing homes, home health organizations, and health care providers.

Offices in Phoenix and Payson, AZ Attorneys:

◦ Mary Brooksby: Mary@Brooksbylaw.com◦ Don Stevens: Don@Brooksbylaw.com

Professional staff◦ Lynn Sommars: Lynn@Brooksbylaw.com◦ Dan Brooksby: Dan@Brooksbylaw.com

February 18, 2011