Tuesday, February 4, 2020

Nursing Homes Fined for Failing to Verify Advance Directives

I just had a long discussion about the growing number of civil lawsuits brought when healthcare facilities treat incapacitated patients inconsistent with their advance directives. But I hastened to add that verdicts and settlements for money damages are only one type of sanction. Among other actions, state regulators can impose civil monetary penalties (fines).

A quick look at nursing home enforcement databases shows that this happens regularly. For example, the Illinois Department of Health fines nursing homes both (1) for resuscitating a patient who did not want to be resuscitated and (2) failing to resuscitate a patient who wanted to be resuscitated. Both are medical errors.
Peoria, IL facility recently fined by IDPH for advance directive violation

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