The importance of aged residential care facilities
providing support that consistently meet the needs of the
elderly residents they are entrusted to protect was
highlighted in a decision by Deputy Health and Disability
Commissioner Rose Wall.
Ms Wall says, “this case
highlights the challenge of trying to determine with
sufficient certainty what has occurred when the voice of the
consumer is not present. We are left unable to know, from
the consumer’s perspective, what has happened and how they
were impacted. In situations like this, there is a
collective responsibility to ensure there are sufficiently
robust safeguards in place within aged residential care
facilities to protect frail consumers”.
In her
decision, Ms Wall found Mercy Parklands Limited in breach of
the Code of Health and Disability Services Consumers’
Rights (the Code), for failing to provide health services
with reasonable care and skill. Ms Wall reinforced the
importance of aged residential care facilities accurately
recording the needs of elderly people, and ensuring care
plans and supporting documentation are kept up-to-date to
guide the provision of quality care that upholds the dignity
and respect of its residents.
A man in his eighties
was admitted to hospital-level care at a care home operated
by Mercy Parklands Limited. The man had a complex medical
history of dementia, vascular disease, stroke, left-sided
muscle weakness, skin cancer, prostate cancer, and nerve
damage. Ms Wall’s decision considered the inadequate level
of care provided to the man over an extended period,
resulting in the development of pressure injuries and weight
loss that may have been preventable, and incidents involving
healthcare assistants relating to the man’s
safety.
Ms Wall concluded Mercy Parklands, “had a duty
to provide services to the man with reasonable care and
skill. This included responsibility for the actions of its
staff, and an organisational duty to facilitate reasonable
care”.
“Taking into account the man’s comorbidities
and his general state of health, he would have benefited
from having a comprehensive care plan in place that was
regularly reviewed and amended in response to any change in
his presenting symptoms. This would have helped to ensure
care was consistently delivered by all staff,” says Ms
Wall.
“We must ensure there are systems and checks in
place to provide layers of protection for our elderly
people, who frequently present with multiple co-morbidities
and complex health conditions.
“These safeguards can
encompass many elements; including the organisation’s
staff recruitment strategy, its training and staff
development programme, its policies and procedures, and to
ensure provision of consumer-centred care that uphold the
rights of its consumers.
“I am pleased to see that
people have taken heed of what has happened in the past.
There has been conscientious effort invested by the care
home and its staff to ensure safe and empathetic care is
provided to its residents,” says Ms Wall.
Ms Wall
recommended that Mercy Parklands report back to HDC on its
corrective actions, and conduct an audit of skin integrity
and wound care documentation. She further recommended that
Mercy Parklands and both healthcare assistants provide a
written apology to the man.
The full
report of this case will be available on HDC’s website.
Names have been removed from the report to protect privacy
of the individuals involved in this case.
The
Commissioner will usually name providers and public
hospitals found in breach of the Code, unless it would not
be in the public interest, or would unfairly compromise the
privacy interests of an individual provider or a
consumer.
More information for the media and HDC’s
naming policy can be found on our website here.
HDC
promotes and protects the rights of people using health and
disability services as set out in the Code
of Health and Disability Services Consumers’ Rights (the
Code).
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