Respiratory System Problems Are Not Uncommon in the Elder Population

February 16, 2010
By Steven Peck on February 16, 2010 6:00 AM |

As we get older it is not uncommon to develop complications involving our respiratory system. Many elderly patients in nursing home care will require breathing tubes in order to support life. A clogged or obstructed breathing tube can often lead to brain damage or death. Another risk to residents is from aspiration pneumonia if food becomes lodged in their respiratory system.

It is the responsibility of the nursing home to ensure that their resident's tracheal tubes are properly placed and unobstructed and are cleaned regularly. Failing to provide this care is a form of nursing home neglect which would be preventable in most situations. Nursing Homes must have adequate numbers of well trained staff to assist with feeding and caring for the residents.

If someone you loved has suffered from an accident caused by an obstructed breathing tube, it is important to contact Steven Peck's Premier Legal toll free at 1.866.999.9085 to talk to an experienced nursing home abuse attorney and visit us on-line at www.premierlegal.org.

Why a Tracheotomy Tube is Needed
A tracheotomy tube, or a breathing tube, is used to assist with providing oxygen for the resident. It is inserted into the trachea through a small cut in the neck and acts as a patient's life support. The need for a tracheotomy can be used for a number of different reasons and conditions affecting the lungs. The main functions of a tracheal breathing tube are:
• To relieve mechanical airway obstruction
• To permit easy access for secretion removal
• To protect the airway from aspiration due to impaired cough and gag reflexes
• To provide mechanical ventilation

Hazards of an Obstructed Breathing Tube
A clogged breathing tube can have dire consequences. If a breathing tube is obstructed with either food or bodily secretions, then the pathway oxygen is also blocked. Being unable to breath and decreased oxygen levels for even a brief period of time can result in permanent brain damage, stroke and in certain instances, even death. Other risks include aspiration pneumonia, which is usually due to food or other substances getting into the lungs creating an infection often leading to death. When a nurse of aide is unable to spend sufficient time in assisting with eating and drinking it is possible for the food and liquids to be either lodged in the tracheal tube or the resident's airway and lungs.

An obstructed breathing tube is not the only complication surrounding tracheotomy tubes. If the tubes are not properly maintained and cleaned, then there could be a risk of infection. It is important that the nursing staff is adequately trained and use sterile technique to minimize this risk.

It is the responsibility of the nursing home to ensure that a resident receives quality care at the highest level practicable. The nursing home resident and their tracheotmy tube must be properly monitored by the nursing staff and adequate care must be provided. All residents will require different and particular care needs when it monitoring of their respiratory system. This will depend on the hydration, humidity, infection and nutrition of the patient as well as the patient's ability to cough and the patient's level of competence. No matter how much care a resident requires, the nursing home is responsible the necessary care or transferring the residnet to a facility that is capable of providing the care and treatment.

Nursing homes across the United States have an obligation to comply with minimum care standards established by state and federal regulations. Many times injuries occurring to residents of nursing homes, assisted living and other types of elder care facilities is due to a corporate organization which is focused on maximizing profits at the expense of safety. Many asphyxiation and trachiotomy tube incidents resulting in serious injury or deaths could have been prevented with increased numbers of attentive and well qualified staff providing additional supervision.

Federal law requires that a nursing home must have on duty at all times a sufficient number of qualified nursing personnel, including registered nurses, licensed practical nurses, and nursing assistants to meet the needs of the residents at all nurses' stations, on all floors, and in all buildings if more than one building is involved. This includes relief duty, weekends, and vacation replacements.

Federal regulation 42 CFR §483.25 (h) establishes a duty for the nursing home to ensure that the resident receives adequate supervision and assistive devices to prevent accidents:

42 CFR §483.25 (h) Accidents. The facility must ensure that--
(1) The resident environment remains as free of accident hazards as is possible; and
(2) Each resident receives adequate supervision and assistance devices to prevent accidents.

Despite both state and federal regulations designed to protect vulnerable adult, there are still an unacceptably high number of apirational pneumonia, dislodged or clogged trachitomy tube incidents in nursing homes due to inadequate staffing and training says California elder abuse attorney Steven C. Peck.