Is the Staff Caring for Your Loved One Qualified?

Tuesday, August 6, 2013

Is the Staff Caring for Your Loved One Qualified?

Written by Malman Law, reviewed by Steve J. Malman.

What seems to be a simple medical procedure can lead to a tragic end if improperly performed. Many patients and their families tend to shy away from asking a question such as: “Are you certified to perform this procedure?” Some may think this question is offensive to the medical staff. But asking a question such as this can save a life, and with help from a nursing home abuse lawyer, residents affected by a facility’s inadequacy can push for reform.

Recently, in Ogle County, IL, a 46-year-old resident was admitted to a nursing facility for care after having a stroke. The resident was admitted for rehabilitation with a tracheal tube to allow sufficient air to enter the lungs. The young resident experienced one of the possible early complications in which the clogging of the mucus plug blocks the tube. As the oxygen level went down from insufficient air to the resident’s lungs, the Director of Nursing went in and replaced the tracheal tube. When performing the procedure, the DON improperly inserted the obturator (a small piece of plastic that allows for the tube to go back in), which led to suffocation. A trained person should be the only one to perform a procedure such as this. In cases like these, nursing home abuse lawyers are available to enable residents to receive the compensation they deserve.


Unfortunately, the Director of Nursing was not trained to perform this procedure. Due to the facility’s negligence to provide emergency care policies that include what to do in such an event, the resident of the home suffered from an anoxic brain injury and soon after died.

When in a life threatening situation, it can be overwhelming to ask the medical staff questions about what they are doing and who is certified. Associate Attorney, Michael J. Eisenberg stated, “Ask someone in your nursing home if they have someone on staff who is properly trained.” Most may question why a person who is not trained would ever perform such a task. The answer is that nursing homes are more likely to come into an incident such as this when they are either short-staffed or understaffed. Nursing home abuse attorneys help ensure that harmed residents receive the attention they need and avoid future instances of negligence and other issues.

If you or a loved one were injured by a facility member that was not qualified to perform a procedure, call our experienced team of nursing home lawyers today. You and your family deserve to know your legal rights. For a free consultation and advice, call Malman Law, at (312) 629-0099 or visit Malman Law is located at 205 W. Randolph Street, Suite 610, Chicago, IL 60606. 

Steve Malman

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.

Years of experience: +30 years
Justia Profile: Steve Malman
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2024

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by President and Founder, Steven J. Malman who has more than 20 years of legal experience as a personal injury attorney.

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