Staff at nursing homes and long-term care facilities are on the front lines of protecting residents’ health, dignity, and day-to-day wellbeing. But what happens when caregivers are unable to keep up? Nationally and in West Virginia, elder care facilities are understaffed, and when that happens, the results can be catastrophic. The elderly suffer preventable neglect, injury, emotional trauma, and even death.

In this blog, we’ll discuss how short-staffing affects the elderly, how it is a systemic issue, and what families can do about it, with the help of an experienced nursing home abuse lawyer in West Virginia.

The Problem: Elderly Care Facilities Aren’t Staffed Enough

The U.S. Centers for Medicare & Medicaid Services (CMS) states that nursing homes should have “sufficient nursing staff available…to meet the residents’ needs.” While that is a great standard, data suggests that many nursing homes across the country fail to meet these expectations. 

In West Virginia, a state with one of the nation’s oldest populations, the issue of understaffing is particularly severe. In many facilities throughout the state, especially in rural communities, it can be difficult to attract and retain qualified staff. When there aren’t enough workers, the result can be abuse, neglect, injury, and wrongful death.

How Elderly Residents Are Affected by a Shortage of Staff

Staffing shortages don’t just cause delays in care or services; they also lead to increased costs. They also lead to residents’ basic needs being ignored, medical conditions worsening or going untreated, and living in unsafe, unsanitary, or undignified conditions. Some of the most common outcomes and injuries of short-staffed facilities include the following:

Delayed or Missed Care

Facilities with inadequate staffing levels may not have sufficient time to reposition residents who cannot move independently, which can lead to the development of pressure ulcers (also known as bedsores). Staff may skip medication times or become disorganized, which can result in infections, medication overdoses, or other health conditions getting worse.

Increased Risk of Falls

Seniors often require assistance to get in and out of bed and to use the restroom. When facilities are short-staffed, residents may attempt to perform these tasks on their own, increasing their risk of injuries from falls. Broken hips and head trauma are common examples.

Hygiene and Sanitation Issues

Facilities that do not have enough staff to meet resident needs may struggle to maintain even basic cleanliness and sanitation. Residents may go days without bathing, be left in soiled clothes, or have rooms that are not regularly cleaned. Such conditions can lead to infections, skin issues, and emotional distress.

Malnutrition and Dehydration

When there is not enough staff to ensure that residents eat and drink regularly, it can lead to malnutrition, weight loss, or severe dehydration. These conditions can be dangerous for seniors, increasing the risk of additional health problems and death.

Emotional Neglect and Isolation

Thinly-stretched staff rarely have the time to engage with residents on a deeper level. Residents may go hours—or even entire days—without anyone speaking to them or acknowledging their needs. This can lead to depression, anxiety, and rapid cognitive decline, particularly in individuals with dementia.

Neglect of Chronic Conditions

Medical conditions such as diabetes, congestive heart failure, and infections can quickly get out of control if routine monitoring and treatment are neglected.

The Cause: A Complex, Systemic Issue

Facilities being understaffed is not an accident or an anomaly. It’s a complex problem that can be attributed to a number of systemic factors, such as:

• CNAs, LPNs, and RNs are paid very low wages, which makes it difficult for facilities to attract and retain them.
• These facilities experience high staff turnover, and facilities are constantly training new employees, affecting the consistency of care.
• Facilities that are owned by profit-driven companies or individuals often focus on financial efficiency rather than patient outcomes.
• Facilities are being left understaffed.
• Facilities that are understaffed or commit abuse are rarely investigated or sanctioned by regulatory bodies.
• Some facilities are caught actively falsifying staffing data to make it look like they are in compliance.

The Solution: What a West Virginia Nursing Home Abuse or Neglect Attorney Can Do to Help Families

If your loved one was harmed by an understaffed facility, an abuse or nursing home neglect attorney can assist you in a number of important ways. These can include:

Investigating Staffing Records

Attorneys can subpoena staff schedules, payroll records, shift reports, and other evidence that can be used to determine whether or not the facility violated applicable staffing laws.

Consulting Medical Experts

Lawyers will work with geriatric care experts and other medical specialists in order to determine whether or not the client’s injuries or medical deterioration are consistent with neglect.

Filing Civil Lawsuits for Damages

Attorneys can file civil lawsuits seeking financial compensation for medical bills, pain and suffering, emotional distress, and wrongful death if a loved one was harmed or passed away due to understaffing.

Assisting Families with Complaints to Regulatory Agencies

Attorneys can help families file complaints with West Virginia’s Department of Health and Human Resources as well as with the CMS, which could lead to state or federal inspections and sanctions.

Forcing Facility Improvements

Attorneys can use legal action to force facilities to increase staffing levels, improve their training, and change policies and practices that harm patients.

Speak With a Knowledgeable Nursing Home Abuse Attorney as Soon as Possible

Short-staffing is more than just an inconvenience or an annoyance. It is dangerous and can cause real harm to the elderly. The loss of dignity that is a natural outcome of understaffed facilities also takes an immeasurable toll on patients and their families.

If you suspect that your loved one has been harmed or has suffered as a result of an overwhelmed or understaffed nursing home or long-term care facility, do not hesitate to act. Reach out to an experienced attorney who can investigate your concerns, help you pursue justice, and hold those responsible accountable.