State Survey Documents Are Admissible in Pressure Injury Suit against Nursing Home, Hospice Agency

December 30, 2019 | Aging Services Risk Management


State agency records from complaint surveys prompted by the daughters of a nursing home resident are admissible in a lawsuit the daughters brought against the nursing home and a hospice agency, the Louisiana Court of Appeal for the Third Circuit has held.

The resident, who also received services from the hospice agency, developed a chronic stage IV pressure injury and sepsis. She was periodically admitted to the hospital for treatment. At the daughters' prompting, the state Department of Health and Hospitals began an unannounced survey of the nursing home, citing it for violating a variety of federal and state regulations. Three weeks later, the state agency began an unannounced survey of the hospice agency, citing the agency for failing to coordinate care of a patient with a pressure injury with the nursing home. The nursing home and hospice agency allegedly admitted to the deficiencies. Two and a half months after the hospice agency survey, the resident was transferred to another facility for palliative care. She died...

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