Terry Gansz the father of a young girl who was injured when she tripped over a ramp at the Haunted House alleges that there was failure to ensure the safety of the patrons who visited the haunted house. Alton Haunted House had a duty to exercise reasonable care for those who would visit the haunted house. The unforeseen danger of the participants were not averted and the injuries suffered by the young girl is the fault of Alton Haunted House. Alton Haunted House believes the young girls harm was the result of her own negligence. It was not the duty of the young girl to research beforehand the possible dangers of the haunted…
7. Workers and the Manager of the Care home should ask the service user for any changes in order to make sure these complaints are never issued again.…
Your family may need more assistance from your family members as they get old. Unfortunately it’s not always easy for your family members to be around around the clock. Many turn to a nursing home that employs qualified staff to offer round-the-clock medical assistance. Your family members put their trust in these nursing homes to take gentle care of your loved ones, but many times what happens behind closed doors is far from the predicted.…
3) How were the elements of intentional infliction of emotional distress applied to that case? In other words, explain why the court concluded that there was enough evidence to establish intentional…
Exam Analysis Chart out all of the torts that are in the fact pattern. Who are the plaintiffs and defendants? Make the prima facie case. Raise the defenses to the prima facie case. General considerations, if any. Vicarious liability Joint tortfeasors Intentional Torts – Attacking the fact pattern Always treat the plaintiff as an average person (no super sensitivities except when D is aware of them.) Everyone is liable for an intentional tort!…
In this booklet , it will explain potential hazards in a Residential Care home for the elderly and the harm and abuse that might arise form hazards this will all be mentioned throughout the booklet .…
When an employer adheres to the duty of care in a setting such as a residential care home it protects residents as well as the staff. This is because all codes of practice are carried out and makes the home a safer environment, e.g. equipment is regularly checked, chemicals are stored correctly & staff trained regularly…
In the United States Nursing or long term care facilities provide different levels of care depending upon a person’s needs. Generally, people who live in skilled nursing homes need a lot of care while those in residential care facilities do not. Compliance to local, state and federal regulations cost facilities thousands of dollars due to the fact that at risk populations have been compromised by poor health conditions or risky behavior of healthcare workers within a facility. Noncompliance also cost facilities in law suits for wrongful death, settlements, corrective actions, re-inspections, fines and specialist required to correct cited deficiencies.…
The equipment could consist of wheelchairs, hoists, electrical equipment or even a bed. If something were to happen; for example, a carer not using a hoist correctly, then the service user could be at risk of developing bruises and minor or major cuts, in some extensive cases the patient could even end up being crushed by the hoist. Sometimes, it will not always be the carers fault, the hoist could be used without a carer knowing it is broken. The possible causes of a service user being hurt by a hoist could be because of the lack of maintenance and thorough examination or the patient could get caught between two different moving parts. This is a hazard for elderly people because when you get older, your bones become fragile and even the slightest fall could result in a major injury. To prevent this from happening, the Care Home should ensure that all equipment (even the least important) should have maintenance checks to make sure all equipment is fully working and even the slightest error with equipment should be checked over and fixed IMMEDIATELY. If their equipment is likely to break and get damaged then the Care Home should invest in some better quality hoists from somewhere that is a well known brand. If a service user is at risk with the equipment then the Care Home could therefore risk being sued by the family of that service user because the patient could get seriously…
Wheelchairs in the corridors are a tripping hazard, to avoid this hazard the possible thing we can do is that put the wheelchairs in a corner. People who are affected by this hazard are the staff, visitors, and the residents. To avoid this hazard I would have to make sure that the wheelchairs are put away in the store room and only take them out when needed, also for resident’s safety I would ask the maintenance person to check the wheelchair if it is secure for the residents to sit in. The potential harm and abuse for this hazard is that the person who gets hurt can fracture their knee. The wheelchairs should not be hazard for anyone who walks in the nursing home.…
These pose risks for the elderly residents due to their limitations in vision and with movement. The hazard is the obstacle of boxes left in the narrow hallways. This risk is that the elderly people will trip over the boxes and cause injuries to themselves, this is caused by their limitations of movement and vision thus them not seeing the obstacle or can’t move to avoid them so they are likely to fall over them. (http://ageing.oxfordjournals.org/content/26/3/195.full.pdf)…
Since most problems in nursing homes are caused by having an uncontrollable population, they ought to limit the number of patients they accept. The nurses should be well vetted to ensure they have the right age, experience, and education qualifications. The aim should always be to make the patients as comfortable as possible before they die and as they go through tough times when…
This act created a major revision of standards of care for nursing homes. This legislation also changed the expectations and the quality of care that patients should receive in long term care facilities. This Nursing Home Reform Act passed by congress specifically stated “that each residents have the right to be free from any physical or chemical restraints imposed for purposes of discipline or convenience and not required to treat the resident’s medical symptoms”. While there may be some benefits to using restraints in nursing homes, however, studies have shown that using restraints in nursing homes negatively impacts patients and for the most part does not prevent them from falling or from other incidents that may occur. There are very high levels of risks associated with the use of restraints (Lapane,150). The OBRA act has encouraged providers to use other alternatives and methods other than restraint because it has been proven to be quite harmful. There are various risked associated with restraints and of these risk include patients potentially patients even losing their lives. Because of the nature of the restraint on patients, patients sometimes end up losing muscle and bone density which then results to immobility and immobility itself results in loss of endurance and muscle strength (Lane 2008). When a patient has lost endurance and muscle strength, they have problems with balance and coordination which makes patients even more prone to falling (Capezuti &Wagner, 142). The use of restraints does not only affect patients physically but it also affects them psychologically. When a patient is restrained, they may experience depression. In addition to that, patients also get humiliated and feel as if they are not being treated with dignity. When movement is take away from a patient, it may cause them to be even more agitated, they then may attempt to escape…
As more and more people in the United States of America live with chronic medical condition, and as the median age continue to age, long-term care providers are facing so many challenges and they will continue to do so. Quality of care has been a challenge, and will continue to be a challenge. Quality of care refers to the technical competency of medical and quasi-medical services (CITATION). Quality of care in nursing homes, even with all the substantial regulatory oversight, still remained problematic. There are however steps that can be taken to improve and promote quality of care in nursing homes and assisted living facilities.…
Abuse can happen to anyone, but elderly adults residing in nursing homes are more vulnerable and have a higher risk for abuse (Rasansky Law Firm, 2006, para. 1). Elders are among the fastest growing in the population, and because of this many more elderly Americans are becoming residents in nursing homes than ever before. There are several different kinds of abuse: physical abuse, emotional abuse, sexual abuse, neglect, and abandonment. In a recent article, USA Today estimated that half of nursing home residents are not being treated properly for their pain" (Thomson, 2006). There are some diseases that cannot always be treated or prevented, but negligence and abuse can always be prevented. "The causes of negligence are often a result of unqualified staff, employees with a history of violence, inadequate staffing, resident isolation and residents who are reluctant to report abuse in fear of embarrassment and retribution" (Thomson, 2006). Most injuries are often due to bedsores, dehydration, malnutrition, overuse of sedatives, unnecessary use of urinary…