Biomaterial Database

Lessons from nursing home dysphagia malpractice litigation. 2010

Dennis C Tanner

Department of Health Sciences, Northern Arizona University, Flagstaff, Arizona, USA. dennis.tanner@nau.edu

The purpose of this article is to review the management of swallowing disorders in nursing home patients. The goal is to provide readers with five areas of contentious dysphagia management issues that have surfaced in several malpractice litigation cases. A detailed examination of what went wrong in the management of these patients' dysphagia from the perspective of the plaintiffs' dysphagia expert witness, as well as a discussion of what nursing home staff could have done to prevent these tragedies, is presented.

UI	MeSH Term	Description	Entries
D008318	Malpractice	Failure of a professional person, a physician or lawyer, to render proper services through reprehensible ignorance or negligence or through criminal intent, especially when injury or loss follows. (Random House Unabridged Dictionary, 2d ed)	Professional Negligence,Negligence,Negligence, Professional,Professional Negligences
D009730	Nursing Assessment	Evaluation of the nature and extent of nursing problems presented by a patient for the purpose of patient care planning.	Nursing Protocols,Assessment, Nursing,Protocols, Nursing,Assessments, Nursing,Nursing Assessments,Nursing Protocol,Protocol, Nursing
D009735	Nursing Homes	Facilities which provide nursing supervision and limited medical care to persons who do not require hospitalization.	Homes, Nursing,Nursing Home
D012017	Referral and Consultation	The practice of sending a patient to another program or practitioner for services or advice which the referring source is not prepared to provide.	Consultation,Gatekeepers, Health Service,Hospital Referral,Second Opinion,Consultation and Referral,Health Service Gatekeepers,Hospital Referrals,Referral,Referral, Hospital,Referrals, Hospital,Consultations,Gatekeeper, Health Service,Health Service Gatekeeper,Opinion, Second,Opinions, Second,Referrals,Second Opinions
D003142	Communication	The exchange or transmission of ideas, attitudes, or beliefs between individuals or groups.	Miscommunication,Misinformation,Social Communication,Communication Programs,Communications Personnel,Personal Communication,Communication Program,Communication, Personal,Communication, Social,Communications, Social,Miscommunications,Misinformations,Personnel, Communications,Program, Communication,Programs, Communication,Social Communications
D003266	Continuity of Patient Care	Health care provided on a continuing basis from the initial contact, following the patient through all phases of medical care.	Continuum of Care,Continuity of Care,Care Continuity,Care Continuity, Patient,Care Continuum,Patient Care Continuity
D003680	Deglutition Disorders	Difficulty in SWALLOWING which may result from neuromuscular disorder or mechanical obstruction. Dysphagia is classified into two distinct types: oropharyngeal dysphagia due to malfunction of the PHARYNX and UPPER ESOPHAGEAL SPHINCTER; and esophageal dysphagia due to malfunction of the ESOPHAGUS.	Dysphagia,Swallowing Disorders,Esophageal Dysphagia,Oropharyngeal Dysphagia,Deglutition Disorder,Disorders, Deglutition,Dysphagia, Esophageal,Dysphagia, Oropharyngeal,Swallowing Disorder
D004750	Enteral Nutrition	Nutritional support given via the alimentary canal or any route connected to the gastrointestinal system (i.e., the enteral route). This includes oral feeding, sip feeding, and tube feeding using nasogastric, gastrostomy, and jejunostomy tubes.	Enteral Feeding,Force Feeding,Nutrition, Enteral,Tube Feeding,Gastric Feeding Tubes,Feeding Tube, Gastric,Feeding Tubes, Gastric,Feeding, Enteral,Feeding, Force,Feeding, Tube,Feedings, Force,Force Feedings,Gastric Feeding Tube,Tube, Gastric Feeding,Tubes, Gastric Feeding
D005104	Expert Testimony	Presentation of pertinent data by one with special skill or knowledge representing mastery of a particular subject.	Expert Opinion,Expert Witness,Expert Opinions,Expert Testimonies,Expert Witnesses,Opinion, Expert,Testimony, Expert,Witness, Expert,Witnesses, Expert
D005851	Geriatric Nursing	Nursing care of the aged patient given in the home, the hospital, or special institutions such as nursing homes, psychiatric institutions, etc.	Nursing, Geriatric,Geriatric Nursings,Nursings, Geriatric