A study published March 31, 2011 in the New England Journal of Medicine attempts to examine the relationship between Quality of Care Indicators in Nursing Homes and the risk of a lawsuit. The report concluded that nursing homes with more deficiencies and with more serious deficiencies had higher odds of being sued. The odds of being sued were lower in nursing homes with more nurse aide hours per resident days. These relationships make sense and further the goal that advocating for the rights of abused and neglected elders can and will deter misconduct.
However, the authors of the study conclude that the best-performing nursing homes are sued “only marginally less” than the worst-performing nursing homes, and then characterize the relationship between quality indicators and litigation as weak. This leaves the reader with the impression that the delivery of high quality care does NOT reduce the risk of being sued in any substantial way. This is a distressing conclusion, which has caused many to question the motives behind the study and the accuracy of the data.
The authors of the study reviewed data on tort claims brought against 5 of the largest nursing home chains in the United States for the period 1998-2006. During that period, 4,716 claims were filed against 1,465 nursing homes. On average, each nursing home was sued once every two years. A claim is defined as a written demand for compensation for injury. The data revealed that 61 percent of the claims resulted in a payment. The payments averaged $199,794 per claim. The most common injuries were those relating to falls and pressure sores.
However, the chains are not identified in the article. The chains apparently voluntarily shared information about the number of claims filed against them, and the result of the claims, including settlement values. This is surprising, given that most settlements are subject to confidentiality provisions. In short, there is no way to verify the accuracy of the voluntarily reported information.
Though the article claims the relationship between reported quality indicators and litigation is weak, the reality is that most claims for neglect and abuse go unreported or unlitigated. This is because the average nursing home resident subjected to wrongdoing dies as a result, and the cause of death is difficult to prove in light of the age and frailty of the victims. Family members who may suspect wrongdoing lack medical knowledge to separate truth from fiction. And facilities often conceal adverse events, hoping no one will ever be the wiser.
Contact Johnson Moore Today
Nursing home residents have important legal rights. The question whether a loved one has suffered an injury due to the misconduct of another should be examined on a case by case basis, by competent legal and clinical staff. If you suspect overmedication of a nursing home resident, we look forward to hearing from you to help you explore your options for obtaining the justice you deserve. Contact Johnson Moore today to schedule a free consultation.
