When Silence in Nursing Homes Turns Deadly

A side of nursing home abuse that does not instantly come to mind when you think of “abuse,” which tends to elicit the idea of physical abuse – is what fear, combined with negligence, can do to nursing home residents. Specifically, a significant number of residents in nursing homes live in fear of speaking up – and in fear of experiencing retaliation as a result – and it is this fear that can ultimately result in harm to these vulnerable individuals.

This is exactly what a new report indicates: That patients in nursing homes are suffering because they too often fear that if they complain, staff will punish them; whether that involves physical punishment, or negligence with care and meals, etc. This “harm” is a different type of harm than we are accustomed to thinking about when we envision harm in nursing homes, but it is just as painful and important as any other form of abuse.

There is also the concern that our loved ones in these facilities could know or foresee a serious issue coming, but not speak up precisely because they have concerns about that, and this itself could lead to serious injury or death – Could this also apply to family members who have concerns about their loved ones in these facilities, but may be worried about speaking up as well?

Devastating Case in Georgia: What the Law Dictates

Take for example one case here in Georgia, whereby a 73-year old woman was reportedly having difficulty breathing, and her family requested that she be sent to a hospital, but staff at the nursing facility refused to do so. Because the patient herself had signed a “Do Not Resuscitate” (DNR) order (in spite of not having the cognitive ability to sign a DNR, and even though her family informed the nurses there that she did not have the mental capabilities to do so), nurses indicated that their hands were tied and she ended up dying. As a result, a wrongful death lawsuit was filed, arguing that the DNR was fraudulent.

Indeed, fear of seeing something that is wrong, but concern over speaking up, is a serious issue. Georgia law dictates that before a DNR can be placed on someone who is mentally disabled, two doctors must first evaluate the patient and sign the order, and then that order goes before an ethics committee for a final determination. Yet no part of this protocol was followed, and one of the doctor’s signatures even belonged to a doctor who left the facility before the patient ever even arrived there – a blatant sign of fraud.

Reviewing the history of this particular facility revealed that Georgia’s Department of Community Health had cited them 34 times for a number of violations, including making medication errors with patients and failing to provide proper supervision and treatment plans. Yet, if patients – and their families – are afraid to speak up for fear of retaliation, these issues go unaddressed, and someone inevitably gets hurt.

Contact Our Macon, Georgia Nursing Home Negligence Attorneys Right Away

If you have concerns about a loved one in a Georgia nursing facility, consulting with an experienced nursing home negligence attorney is the best way to ensure that negligence can be addressed. The Macon personal injury attorneys at the Law Offices of Buzzell, Welsh & Hill are committed to helping ensure that these voices are heard. Contact us today to schedule a free confidential consultation and find out more.

Sources:

kiplinger.com/retirement/nursing-home-residents-silenced-by-fear-of-retaliation

atlantanewsfirst.com/2023/01/09/playing-god-medical-staff-accused-placing-fraudulent-dnrs-patients/