Case Scenario: CARE GIVEN DECEASED DEFICIENT

In Montgomery Health Care Facility v. Ballard, 23 three nurses testified that the facility was understaffed. "One nurse testified that she asked her supervisor for more help but that she did not get it." 24 A nursing home resident, Mrs. Stovall, expired as the result of multiple infected bedsores. The estate of the patient brought a malpractice action against the nursing home. First American Health Care, Inc., is the parent corporation of the Montgomery Health Care Facility, a nursing home. The trial court entered a judgment on a jury verdict against the home, and an appeal was taken. The Alabama Supreme Court held that reports compiled by the Alabama Department of Public Health concerning deficiencies found in the nursing home were admissible as evidence. Evidence showed that the care given to the deceased was deficient in the same ways as noted in the survey and complaint reports, which indicated that deficiencies in the home included: 25 Inadequate documentation of treatment given for decubitus ulcers; 23 patients found with decubitus ulcers, 10 of whom developed those ulcers in the facility; dressings on the sores were not changed as ordered; nursing progress notes did not describe patients' ongoing conditions, particularly with respect to descriptions of decubitus ulcers; ineffective policies and procedures with respect to sterile dressing supplies; lack of nursing assessments; incomplete patient care plans; inadequate documentation of doctor's visits, orders, or progress notes; am care not consistently documented; inadequate documentation of turning of patients; incomplete "activities of daily living" sheets; "range of motion" exercises not documented; patients found wet and soiled with dried fecal matter; lack of bowel and bladder retaining programs; and incomplete documentation of ordered force fluids. rom a corporate standpoint, the parent corporation of the nursing facility could be held liable for the nursing facility's negligence, where the parent company controlled or retained the right to control the day-to-day operations of the home. The defendants had argued that the punitive damage award of $2 million against the home was greater than what was necessary to meet society's goal of punishing them. The Alabama Supreme Court, however, found the award not to be excessive. "The trial court also found that because of the large number of nursing home residents vulnerable to the type of neglect found in Mrs. Stovall's case, the verdict would further the goal of discouraging others from similar conduct in the future.

Ethical and Legal Issues

1. Could any legislation be enacted or policies and procedures, rules, and regulations be implemented as proactive measures to prevent this type of widespread abuse? Describe your answer.

2. Do you agree with the court that the award will discourage others from similar behavior? Explain