Malnutrition and Dehydration in Virginia Nursing Homes

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Williamson & Lavecchia, L.C.
6800 Paragon Place
Suite 233
Richmond, VA 23230-1652
Phone: (804) 288-1661
Fax: (804) 282-1766
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* Lack of Medicare Oversight of Long Term Care Hospitals
* More Virginians Choosing to Live in Assisted Living Facilities
* Josh Silverman invited to speak to Virginia Nurse Anesthetist Conference
* Josh Silveman Presents Plaintiff's Personal Injury From Start to Finish
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* Pressure Ulcer Hospitalizations Skyrocket
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* Abuse and Neglect of Elderly Rampant In Nursing Home Industry
* Federal Settlements with Virginia Nursing Homes
* 19 Nursing Home Employees Arrested After Being Caught on Hidden Cameras Neglecting Patients
* Washington Post article about the tragic death of our client's sister who died because of a lack of heat at a Richmond assisted living facility
* Virginia To Increase Penalties Against Assisted Living Facilities
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Malnutrition and Dehydration

Nursing Home Residents Dying of Hunger and Thirst
Nearly 14,000 nursing home residents died of malnutrition and dehydration between 1999-2002 according to an investigation by the Detroit News which was based on federal records. A study by the Commonwealth Fund found that at least 1/3 of the nation’s nursing home patients may suffer from malnutrition and dehydration. The Commonwealth Fund is a private foundation that supports research to promote improvements in health care.

“The extent of malnutrition and dehydration in some American nursing homes is comparable to that found in many poor, developing countries where inadequate food intake is compounded by repeated infections.” Jeanie Kayser-Jones, co-author of the study and professor of physiological nursing and medical anthropology in the School of Medicine at the University of California at San Francisco.

The response from Reginald Carter, the president of the Health Care Association of Michigan, which represents 400 nursing homes, was shockingly complacent: “This is an active state of dying and not necessarily something people should be alarmed with.”

Death from dehydration and malnutrition is often preventable. Patients in nursing homes are particularly vulnerable to dehydration and malnutrition because they are often dependent on their caregivers to provide water and sustenance. Malnutrition leads to confusion, muscles weakness, pressure sores, pneumonia, bacterial and viral infections and even death.

How can this happen? Inadequate staffing and high staff turnover rates lead to poor care according to the Commonwealth Fund. Much of the nursing home industry is for-profit. Therefore, these corporations seek to keep their staffing costs low to increase their net profits. Nursing home residents frequently need assistance with eating and drinking. However, one CNA is often required to help 7-9 residents eat. If a resident is not capable of lifting a spoon, placing a dinner plate in front of her is futile unless the nursing home has sufficient staff to assist the resident.

In one case our client’s father became malnourished due to a dietitian who grossly miscalculated the patient’s nutritional needs. He was admitted to the nursing home weighing over 140 pounds. After losing a significant amount of weight he was placed on a feeding tube. Instead of providing sufficient calories to promote weight gain, he was put on a weight reduction diet. His weight dropped to less than 100 pounds. He developed 14 pressure sores which left him vulnerable to a fatal infection.

The Nursing Home Reform Act of 1987 requires nursing homes to assess the nutritional status of residents at the time of admission and at regular intervals of at least every three months. The nutritional assessment should identify whether the resident is at her ideal body weight and whether the resident is at risk for malnutrition and dehydration. The nursing home is required to provide for the resident’s nutritional health based on the nutritional assessment. This includes providing “well-balanced, palatable meals.” While the law appears to guarantee adequate nutrition, in practice malnutrition and dehydration is rampant in nursing homes.

Nursing homes that fail to provide for the nutritional needs of residents may be held liable in a civil court for the patient’s injuries or death. If you believe that a family member has suffered malnutrition or dehydration in a Virginia nursing home, you are welcome to contact us to discuss your legal options.

Library for Malnutrition and Dehydration:

  • Feeding Assistance Programs - Policies and Procedures [PDF]   
    Description: Nursing homes should have policies and procedures in place to provide adequate nutrition and hydration to patients. If you believe a loved one is suffering from unexplained weight loss in a nursing home, ask for a copy of their policies and procedures. The attached document is an example of policies and procedures for a nursing home feeding program.
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