Nursing home abuse
Malnutrition & Dehydration in Nursing Homes: When Neglect Becomes Malpractice
Federal and state laws state nursing homes must check residents often for signs of neglect. This includes malnutrition and dehydration. Even with these rules, some residents still do not get enough food or water. Malnutrition and dehydration in nursing homes can cause serious health problems and even death.
It can be hard to tell if your loved one is getting poor care. The signs of nursing home neglect are not always clear. You may need legal help to hold the nursing home responsible for abuse, neglect, or malpractice. Below, we explain how nursing home residents can become malnourished or dehydrated and when this neglect is considered medical malpractice.
Dehydration and Malnutrition Can Severely Impact Your Loved One’s Health
Many nursing home residents already have health problems that make moving or staying active harder. If they don’t get enough food or water, their bodies can’t heal well or keep up normal activity. Here’s how malnutrition and dehydration can hurt a patient:
Dehydration Can Damage Cognitive and Organ Function
A 2024 study shows that dehydration can harm thinking processes and memory in middle-aged and older adults. In nursing homes, residents with memory problems may get worse if they don’t get enough water.
Dehydration can also damage the kidneys and make the blood thicker, which puts extra strain on the heart, according to Cedars-Sinai. Not drinking enough water can make it hard to control body temperature, slow digestion, and cause muscle cramps.
Malnutrition Keeps Patients from Getting the Nutrition They Need
Malnutrition is more than not getting enough to eat. Malnutrition happens when someone doesn’t get enough healthy food for their body.
Nursing home residents can become malnourished if they have trouble eating because of teeth or jaw problems. Eating too many foods that are high in calories but low in nutrients, like pudding or bread, can also cause malnutrition. Nursing homes must make sure residents get the right food and nutrients.
Residents with Alzheimer’s or memory problems may forget to eat. If staff don’t watch them, malnutrition can happen. Staff should also check for problems like weak muscles or dental issues that make eating hard and help residents eat properly.
Many nursing home residents already have health problems that make moving or staying active harder. If they don’t get enough food or water, their bodies can’t heal well or keep up normal activity.
When Dehydration and Malnutrition Become Medical Malpractice
The Pennsylvania Department of Health sets rules for nursing homes about patient care and staff training. Nursing homes must give healthy food and enough water to all residents. If they ignore these rules, fail to train staff, or don’t have enough caregivers, it can become abuse or neglect.
Medical negligence or malpractice happens when a healthcare provider does not give the care that a reasonable provider would give to a patient with the same condition.
Some examples include:
- Neglecting to assist patients who need help feeding themselves
- Failing to monitor, clean, and replace feeding tubes
- Failing to replace IV fluid feeds when needed
- Failing to diagnose conditions leading to dehydration or malnutrition
- Intentionally withholding food or drink as punishment for unwanted behavior
- Lack of care due to chronic understaffing
- Not keeping food and safety standards, which can cause injury, food poisoning, or malnutrition
- Not adjusting for a resident’s changing appetite, sense of taste or smell, or other factors, which can lower how much they eat or drink
Patients deserve care that fits their health needs and any changes in their condition. Under the Nursing Home Reform Act and Pennsylvania’s Health Care Facilities Act, nurses, doctors, and staff must follow these laws. If they don’t, they can be sued for neglect.
Working with an experienced nursing home abuse lawyer can help you collect the documents and evidence needed to file a case.
A healthcare provider commits malpractice when they fail to deliver the care that a reasonable professional would provide to someone in the same situation.
Report the Abuse for Additional Support from the Commonwealth
If you suspect nursing home abuse, you can file a complaint on behalf of your family member with the Pennsylvania Department of Health. You can also file a complaint of elder abuse or neglect with the Department of Aging. If you believe your loved one is suffering additional forms of abuse, such as physical, emotional, or sexual, contact local law enforcement to investigate.
Filing a Medical Malpractice Claim for Nursing Home Abuse
Under Pennsylvania’s Health Care Facilities Malpractice Act, families of patients can bring medical malpractice claims against facilities and providers who engage in neglect or abuse involving dehydration and malnutrition. You have the right to seek compensation and other relief when you and your nursing home abuse attorney can demonstrate the following five elements of medical malpractice:
- Your family member had a doctor-patient relationship with the defendant.
- The provider owed your loved one a duty of care to ensure they received adequate liquids and food.
- The provider failed to uphold their duty, either through their actions or inactions.
- Your loved one suffered harm as a result of the provider’s failure in their duty.
- Your loved one has financial, emotional, and physical damages that deserve compensation.
To start a medical malpractice lawsuit in Pennsylvania, you first need a certificate of merit. This has a written note from a licensed medical professional. The note must say there is a good chance the healthcare worker did not follow proper standards and that this caused harm. The certificate proves your claim and lets you continue the case in the right court.
Don’t Wait to Seek Assistance if You Suspect Dehydration or Malnutrition in a Nursing Home
You must file your case within Pennsylvania’s 2-year statute of limitations for medical malpractice cases, starting from the date you discovered the neglect. It’s vital that you contact a nursing home abuse attorney as soon as possible to assist you in preparing your case.
At Lopez McHugh LLP, we are ready to help you and your loved one go after those responsible. Contact us today for a free consultation.
