Naperville Personal Injury Lawyer Blog
Nursing home neglect is an all-too-common issue in here in Naperville and throughout Illinois, with serious consequences for vulnerable elderly residents. Whether it’s the result of missed medications, improper care, or inadequate supervision, neglect can lead to devastating injuries, emotional trauma, and even death. At the core of many of these tragic incidents lies a common factor: staffing issues.
At John J. Malm & Associates, we have represented families in numerous cases where staffing problems were found to be the root cause of nursing home neglect. In this blog, we will explore why staffing issues are so often at the center of nursing home neglect investigations, the impact of understaffing on residents, and how our Naperville elder abuse lawyers help families hold nursing homes accountable for their failures.
The Role of Staffing in Nursing Home Care
Nursing homes are responsible for providing round-the-clock care to elderly and disabled residents who may need help with daily tasks, medical treatments, and overall supervision. The quality of care provided in a nursing home is largely dependent on the availability and competence of its staff. Nursing home staff include certified nursing assistants (CNAs), nurses, therapists, and other healthcare workers who ensure residents’ safety and well-being.
However, when staffing levels fall below adequate thresholds, or when staff are poorly trained or overworked, the quality of care can quickly deteriorate. Understaffed or improperly staffed nursing homes are more likely to overlook residents’ needs, fail to respond to emergencies, and neglect critical aspects of care. In many cases, these staffing problems become the focal point of neglect investigations, as they directly contribute to harm suffered by residents.
How Staffing Issues Lead to Nursing Home Neglect
Staffing issues in nursing homes can take many forms, but they all share a common outcome: neglect of residents. Below are some of the most common staffing-related problems that contribute to nursing home neglect and why they are often at the center of investigations.
- Understaffing and Inadequate Care
One of the most prevalent staffing issues in nursing homes is chronic understaffing. Understaffed nursing homes simply do not have enough caregivers to adequately meet the needs of all residents. As a result, residents may go without assistance for long periods, fail to receive medications on time, or be left unsupervised in dangerous situations.
For example, an understaffed facility may have only one or two CNAs on duty for an entire wing of the nursing home. This means that residents who need help with eating, bathing, or using the bathroom may be forced to wait hours for assistance, increasing the risk of falls, malnutrition, or dehydration.
Understaffing also makes it more difficult for caregivers to monitor residents for signs of health problems, such as infections, pressure sores, or sudden changes in condition. Without enough staff to provide regular assessments and check-ins, serious health issues can go undetected, leading to preventable injuries or deaths.
- Overworked and Burned-Out Staff
Even in nursing homes with enough staff on the roster, high turnover rates and burnout can still lead to neglect. When staff are overworked and exhausted from long hours, they are more likely to make mistakes, overlook important details, or fail to provide compassionate care. Overworked staff may become frustrated or impatient, leading to emotional neglect or even abuse.
For example, a nurse working a double shift may be so fatigued that they forget to administer medications at the correct times or fail to properly document a resident’s treatment plan. In other cases, overworked staff may rush through tasks such as feeding or hygiene care, leaving residents at risk for choking, infections, or other health issues.
Burnout also contributes to high staff turnover, which creates further instability in nursing home care. High turnover means that residents are constantly being cared for by new or unfamiliar staff who may not know their specific needs, leading to a lack of continuity in care.
- Improper Training and Qualifications
Nursing home residents often have complex medical needs that require skilled care. However, staffing issues often arise when facilities fail to provide proper training for their staff or hire workers who are not adequately qualified to care for residents. Inadequate training can lead to dangerous mistakes, such as improper medication administration, mishandling of residents during transfers, or failure to recognize signs of distress.
For example, if a CNA is not trained on how to properly lift or transfer residents, they may inadvertently cause falls or injuries during routine care. Similarly, staff who are not familiar with the signs of common conditions like sepsis, strokes, or heart attacks may fail to seek medical attention for residents in a timely manner, resulting in preventable harm.
In some cases, nursing homes may also employ staff who lack the necessary certifications or qualifications to provide care. This is especially dangerous when unqualified individuals are responsible for administering medications or performing medical tasks that should be overseen by licensed professionals.
- Lack of Supervision
Nursing home residents, especially those with cognitive impairments such as Alzheimer’s disease or dementia, require constant supervision to ensure their safety. Staffing shortages or poor staff allocation can lead to situations where residents are left unsupervised for long periods, increasing the risk of accidents, falls, or wandering (elopement).
For example, a resident with dementia who is left unsupervised may wander out of the facility or into dangerous areas, leading to serious injury or death. In other cases, residents who are prone to falls may not receive the assistance they need when walking or transferring, resulting in fractures, head injuries, or other serious harm.
Neglect caused by a lack of supervision is particularly common in understaffed nursing homes, where caregivers are spread too thin to provide individualized attention to each resident.
The Legal Consequences of Staffing Issues in Nursing Homes
Staffing issues are not only a key factor in nursing home neglect; they are also central to legal investigations and lawsuits. When a nursing home fails to provide adequate staffing, they may be in violation of state and federal regulations, which require facilities to maintain certain staffing levels to ensure the safety and well-being of residents.
- Violation of the Illinois Nursing Home Care Act
The Illinois Nursing Home Care Act mandates that nursing homes provide adequate staffing to meet the needs of residents. Under the Act, nursing homes must employ enough licensed and certified personnel to provide the required level of care for all residents. Facilities that fail to comply with these staffing requirements can face fines, regulatory penalties, and legal action.
When a nursing home is found to be understaffed, or if staff members are not properly trained or qualified, this can serve as evidence of negligence in a lawsuit. For example, if a resident suffers harm due to a fall, infection, or medication error, the nursing home may be held liable if it is proven that the injury occurred because there were not enough staff members available to provide proper care.
- Federal Regulations and Staffing Requirements
In addition to state regulations, nursing homes that receive funding from Medicare or Medicaid must comply with federal staffing requirements set by the Centers for Medicare and Medicaid Services (CMS). These regulations require nursing homes to provide a certain number of hours of care per resident per day, based on the needs of the residents.
Facilities that do not meet these staffing requirements may face federal penalties, including reduced reimbursement rates and the loss of Medicare or Medicaid certification. Staffing issues identified during federal inspections can also lead to lawsuits if they are linked to incidents of neglect or abuse.
- Neglect and Wrongful Death Lawsuits
When a resident is injured or dies as a result of nursing home neglect, staffing issues are often at the center of legal claims. Families may file lawsuits against the nursing home for failing to provide adequate care, citing understaffing, overworked staff, or improper training as contributing factors in the neglect.
At John J. Malm & Associates, we have successfully represented families in neglect and wrongful death lawsuits where staffing issues were a key factor. Our firm investigates the staffing levels, qualifications, and actions of the nursing home staff to determine whether neglect occurred and holds facilities accountable for their failures.
How John J. Malm & Associates Can Help With Your Naperville Nursing Home Abuse & Neglect Case
At John J. Malm & Associates, we understand the devastating impact that nursing home neglect can have on families. When staffing issues lead to preventable harm, nursing homes must be held accountable for their failures. Our experienced Naperville nursing home injury attorneys work tirelessly to investigate cases of nursing home neglect, gather evidence of staffing problems, and pursue justice for victims and their families.
If you suspect that your loved one has suffered due to neglect in a nursing home, contact John J. Malm & Associates for a free consultation. We will review your case, explain your legal options, and help you seek the compensation your family deserves. With offices in Naperville and St. Charles, we are here to help families throughout Illinois hold negligent nursing homes accountable. Contact us today, and let us fight for justice for your family.