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Incompetence of Nursing Home Management Can Lead t...

One of the many things you consider when you are putting your loved one in a nursing home is the possibility of neglect. Neglect can manifest in a lot of ways, but the most common ones are dehydration, malnutrition, poor hygiene, and the lack of attention to specific medical needs – all these can have negative bodily effects, not to mention the psychological strain as well.

According to the website of Habush Habush & Rottier S.C. ®, those who have suffered from neglect in nursing homes may take legal actions to get justice and compensation. However, it may be easy to automatically put the blame on a specific nursing home staff, even though he is not totally at fault. There are instances where the neglect has risen because of the incompetence of the nursing home management.

Hiring incompetent staff

If a nursing home staff is incompetent, it can be argued that it is his fault for being so, but it can also be argued that it is the management’s fault for hiring someone who is not qualified enough. The management should have a strict hiring process to filter out those who are not good enough and hire only those who are. After all, they will be dealing with the most fragile and vulnerable people, so they will need all the competence they can get.

Getting too many residents

No matter how competent the staff is, it will still not be able to do its job properly if there are just too many patients to cater to. In fact, having too many patients has been known to be a common cause of neglect in nursing homes. The staff cannot be blamed if there are just too many patients whose health, hygiene, and other medical needs need to be tracked and attended to, so they may unintentionally neglect some.

Getting too few staff members

This is almost the same idea as the previous entry, but it is also quite different. Getting too many residents aim to get more money, while getting too few staff members aim to save on operation costs. But the patients are the ones who suffer, because the unbalanced staff-patient ratio results into neglect.

So, before you put your loved one in a nursing home, it is important to look at the competence of the nursing home’s management. It may be the very thing that saves your loved one’s dignity and health.

Who Can Be Held Responsible For Medical Malpractic...

Cruise ships provide people with an opportunity to sail to exotic locations and momentarily forget about the humdrum of the city. Gone are the days when these sea vessels were a picture of affluence and glamor. Cruise ships of today are teeming with a wide range of activities to keep guests entertained enroute to their destinations.

According to the website of Louis A. Vucci PA, to ensure the safety of their passengers, cruise ships are required to have medical personnel on board. Cruise ships have care centers manned by doctors and nurses who can treat passengers suffering from a variety of illnesses such as sea sickness, broken bones, and life threatening medical conditions. The bad news is that holding them liable for medical malpractice is unlikely for passengers.

Pasquale Vaglio was a retired New York City policeman and a veteran of the Korean War. He was going on a dream cruise in the summer of 2001 aboard Royal Caribbean’s Explorer of the Sea. However, an accident happened that eventually led to his death. The 82-year old Vaglio fell and hit his head after disembarking for a sightseeing trip in Bermuda. He was taken to the medical unit where a nurse checked up on him and told him to rest in his cabin. What the nurse did not know was that Vaglio suffered a brain injury that led to his death a week later.

Vaglio’s case was just one of the medical malpractice lawsuits that was thrown out of the window due to exemptions created from previous court rulings. The previous Barbetta decision stated that “When a carrier undertakes to employ a doctor for its passengers’ convenience, the carrier has a duty to employ one who is competent and duly qualified. If the ship breaches its duty, it is liable for its own negligence. If the doctor showed negligence in treating passengers, however, the responsibility will not fall on the carrier.”

Back in those days, medical malpractice lawsuits are unlikely to win due to the fact that cruise ships only hire medical personnel as independent contractors. This was the reasoning of previous cases which exempts cruise lines from any liability to injuries of passengers. In the case of Vaglio, a three-judge panel of the 11th US Circuit Appeals overturned the previous decision on his case dismissing the complaint citing the longstanding maritime concept that gives immunity to cruise lines such as Royal Caribbean from any negligence cases.

The new ruling noted that the doctors and nurses who attended to Vaglio wore cruise line uniforms and were presented as ship employees and that the medical center was described glowingly in promotional materials. Aside from that, modern cruise ships have sophisticated ICUs, laboratories, and could do live video conferences with medical experts while on the sea.

If the decision stands, veteran Miami maritime lawyer Robert Peltz claimed that the key to victory in a medical malpractice on cruise ships case is to prove that the medical personnel were employees of the ship and not independent contractors.