Personal Injury Law

Lack of State Investigations into Nursing Homes

By Beth Janicek

I am continually amazed when I read the TDADS investigations into nursing home complaints. TDADS is the regulatory agency that regulates nursing homes. I have been handling cases against nursing homes for many years and have been reviewing these investigations. I have noticed a lack of any true investigations by the agency. It is a rare occasion that I ever find an investigation that substantiates the complaint.

Recently I reviewed a group of investigations by TDADS of incidents including one that I am litigating now. My client was injured when the ropes to the Hoyer lift slipped and she fell face forward and fractured her neck. See the video of how to use a Hoyer lift. Hoyer lift.

The TDADS investigation determined the claim of negligence was unsubstantiated (unfounded). The State investigator talked to the nurse aids involved with the transfer. They told the State investigator that the ropes were secure prior to them transferring with the Hoyer lift and that the disabled resident must have untied the ropes herself. Although it would be very difficult for this woman, who was dependent on the staff for all of her needs, to be capable of untying the ropes since she has no use of her right arm as the result of a stroke. Regardless, the staff should have been present during the whole transfer and would have seen this disabled woman untying the ropes! The state investigator never even references this very obvious point! Not any of the investigations were substantiated including another where the resident had choked to death.

Now at the same nursing home a resident was beaten to death by another resident. I have not seen the state investigation into this incident but I am curious as to what they will find. Perhaps if the state would put forth genuine effort in investigating these incidents the safety in nursing homes would increase due to fear of punishment by the state. But for now Texas nursing homes can rest easy because they do not have to fear lawsuits due to state caps on damages and they have no fear of TDADS doing a sincere investigation.

Full post as published by San Antonio Personal Injury Lawyer on December 11, 2008 (boomark / email).