2010
DOI: 10.3928/00989134-20100202-06
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Lessons from Nursing Home Dysphagia Malpractice Litigation

Abstract: 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 presen… Show more

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Cited by 17 publications
(9 citation statements)
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“…Although the risks are acknowledged for those in long-term care, the dangers of food suffocation among older people are not as well known in the general population 20. Eating semi-solid foods such as peanut butter, having poor dentition and consuming alcohol and medication such as sedatives and antipsychotic drugs are all risk factors for food suffocation among older adults 2 4 21 22.…”
Section: Discussionmentioning
confidence: 99%
“…Although the risks are acknowledged for those in long-term care, the dangers of food suffocation among older people are not as well known in the general population 20. Eating semi-solid foods such as peanut butter, having poor dentition and consuming alcohol and medication such as sedatives and antipsychotic drugs are all risk factors for food suffocation among older adults 2 4 21 22.…”
Section: Discussionmentioning
confidence: 99%
“…Another challenge is the notion of perceived legal risks, 26 as noted by the SLPs who would recommend continued oral intake only if the risk of aspiration was clearly documented, and clearly understood by family members. Several SLPs stated they require signed waivers from family members of patients residing in facilities before recommending or “allowing” comfort feeding.…”
Section: Discussionmentioning
confidence: 99%
“…8,9 Rehabilitative and compensatory strategies such as postural changes, efforts to improve swallowing skill and coordination, as well as feeding strategies need to be studied further to ascertain relevant health and quality-of-life outcomes. 31 Scholarly inquiry is also needed to distinguish perceived legal risks 26 from actual ones, and to identify other system barriers that influence SLP recommendations for comfort-oriented approaches.…”
Section: Future Researchmentioning
confidence: 99%
“…Second, all subjects were young, healthy volunteers (staff of our hospital). By contrast, in clinical practice, it is older patients who tend to suffer from dysphagia [19,20]. To obtain data more immediately relevant to clinical situations, further studies need to include older individuals.…”
Section: Discussionmentioning
confidence: 99%