A Los Angeles facility is facing a $100,000 fine for nursing home negligence in connection with an incident where a resident died because a feeding tube was incorrectly directed into his lungs. According to a CBS News report, the California Department of Public Health found that an 84-year-old man at the Hancock Park Rehabilitation Center had a feeding tube enter his body through his nose in May 2008. That tube was supposed to direct nutrition to his stomach. The man died 13 days later. The coroner listed cause of death as respiratory failure due to pneumonia. Health Department officials say the cause of death was "failure to properly place the feeding tube."

My heart goes out to the family of this elderly resident for their devastating loss and the emotional trauma they must have undergone as a result. My thoughts and prayers go out to them.

Deficient Nursing Homes

Based on this news report, it appears that the nursing home staff members who were attending to this resident had no idea what they were doing. Were these trained members of the staff? What type and amount of training did the attendant have? Was he or she made aware of the patient's medical condition, needs and doctor's instructions? Was this staff member being supervised at the time?

A 2003 report by the Government Accountability Office (GAO) states that at least one in five of all nursing homes in the United States are plagued by serious deficiencies that place residents in immediate jeopardy or cause them actual harm. The report also points out that the quality of care in these nursing homes drops significantly when residents receive less than three hours of the nurse’s and nurse’s aide’s time per day. That unfortunately happens in about 54 percent of nursing homes.

The Problem of Understaffing

The report also states that nursing home staff are terribly underpaid and overworked. A number of nursing home negligence and abuse cases are the direct result of understaffing and lack of proper training for nursing staff.

The nursing home in this case was handed the AA citation, the most severe fine that can be imposed by the state. The fines are usually slapped on those facilities that neglect their patients to such an extent that it put their life in danger. In such cases, nursing homes can be held civilly liable for wrongful death by family members of the deceased. An experienced Los Angeles personal injury lawyer will be able explain to victims and their families, their legal rights and options in such cases.

Do you have a loved one in a nursing home? What are your biggest concerns for their safety?

None of the parties mentioned in this article are represented by us at the time this article was posted. The source of our information is cited in the article. If you were involved in this incident and have questions as to your rights and options, call a reputable law firm for a consultation. Do not act solely upon the information provided herein. The BISNAR | CHASE personal injury law firm will provide free, confidential consultation to "not at fault" persons and their family members if you mention your source was the “Personal Injury Law Journal." They can be reached at 866-456-5235 during California business hours.