Minnesota Nursing Home Neglect Lawyer, Elder Abuse Attorney Minneapolis MN

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Nursing Home Resident’s Sudden Weight Loss Reviewed By MDH

Written By: Kenneth LaBore | Published On: 31st January 2012 | Category: Dehydration, Malnutrition | RSS Feed

The Sun Newspapers had an article which reported that the Golden Living Center Nursing Home in Hopkins was alleged to be negligent by the Minnesota Department of Health concerning a resident who experienced significant weight loss over the period of a month and it was not reported to his primary physician or nurse practitioner.

As an attorney who handles nursing home abuse and neglect cases, I frequently see situations where residents do not receive the necessary nourishment and hydration required for sustaining health. Both state and federal regulations require that a nursing home provide adequate food and water pursuant to the following statutes:
Nutrition The nursing home must maintain acceptable parameters of nutritional status. (42 CFR § 483.25 (i))
Based on a resident’s comprehensive assessment, the facility must ensure that a resident:
(1) Maintains acceptable parameters of nutritional status, such as body weight and protein levels, unless the resident’s clinical condition demonstrates that this is not possible; and
(2) Receives a therapeutic diet when there is a nutritional problem. (42 CFR § 483.25 (i))
Hydration The nursing home must provide each resident with sufficient fluid intake to maintain proper hydration and health. (42 CFR § 483.25 (j))
The facility must provide each resident with sufficient fluid intake to maintain proper hydration and health.

Of all the forms of nursing home abuse and neglect failure to provide adequate nourishment and hydration is one of the easiest to prevent. Nursing homes are mandated by state and federal regulations to timely report any change in a resident’s condition to the treating physician and family, pursuant to 42 CFR § 483.10.

This website is not to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation. In addition to providing related information this blog may also be considered an advertisement for legal services.

If you or a loved one has suffered an injury or abuse in a nursing home or other care facility that serves the elderly in Minnesota, please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact attorney Kenneth LaBore, directly please send an email to klabore@MNnursinghomeneglect.com, or call Ken at 612-743-9048.

Nursing Home Resident Fractured Pelvis When Left Unattended in Bathroom

Written By: Kenneth LaBore | Published On: 31st January 2012 | Category: Fall Injuries, Nursing Home Care Issues | RSS Feed

I noticed a story in the SCtimes paper recently about a Sartell nursing home being cited by the Minnesota Department of Health for leaving a vulnerable adult on the toilet without supervision, leading to a fall with a resulting pelvic fracture.

As an attorney who handles nursing home abuse and neglect cases the most frequent form of injury I see in nursing homes and assisted living facilities are fall injuries. Many falls with fractures unfortunately result in death. It is imperative that every effort is made to protect residents from falling in the first place. The most common ways the falls occur is from improper transfers or being left alone on a toilet.

In my experience, falls resulting from being left unattended are foreseeable and preventable. A person is usually left unattended due to staffing levels, and the aide or nurse is trying to accomplish the toileting of one resident while attending to some other task.

The Fall Prevention Center of Excellence has created many helpful resources for those interested in fall prevention. These resources include newsletters, fact sheets, and technical assistance briefs.

Minnesota Gives Waivers to Past Criminals Which Allows them Work With Vulnerable and Elderly

Written By: Kenneth LaBore | Published On: 31st December 2011 | Category: Financial Exploitation, Housing With Services Care Issues | RSS Feed

Minnesota state agencies have granted over 5000 waivers to people to work in nursing homes and home care agencies, who were convicted of misdemeanors and felonies for crimes including: assault, false imprisonment, forgery, robbery, theft and others including drug and alcohol crimes.

For the rest of the story see the Star & Tribune Article: State OKs Care Jobs for Former Criminals.

Of course this is a crazy policy, to allow the criminals in our society in situations where they are responsible for caring for the most vulnerable citizens is creating an environment where elderly persons will be could financially and physically abused and exploited by those with a track record of doing so.

Why are Claims Against Minnesota Nursing Homes considered to be Medical Malpractice?

Written By: Kenneth LaBore | Published On: 22nd November 2011 | Category: Caregivers Resources, Nursing Home Care Issues | RSS Feed

Why is a claim against a long-term care or home care provider considered to be medical malpractice?

1. Minnesota Law considers claims against any “medical professionals” to be medical malpractice claims.

2. Claims against a “Health Care Provider” include “a physician, surgeon, dentist, occupational therapist, other health care professionals as defined in section 145.61, hospital, or treatment facility.” (Minn. Stat. § 541.076; See Attachment F).

3. “Nursing home” and “professional services” are specifically included in 145.61, subd. 4:

“Health care” means professional services rendered by a professional or an employee of a professional and services furnished by a hospital, sanitarium, nursing home or other institution for the hospitalization or care of human beings.

4. Minn. Stat. § 145.682 – Expert review required as follows:

“health care provider” means a physician, surgeon, dentist, or other health care professional or hospital, including all persons or entities providing health care as defined in section 145.61, subdivisions 2 and 4, or a certified health care professional employed by or providing services as an independent contractor in a hospital.

5. Case law also supports the inclusion of claims against and long-term and home care provider as medical malpractice claims.

If you or a loved one has suffered an injury or abuse in a nursing home or other care facility that serves the elderly in Minnesota , please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact attorney Kenneth LaBore, directly please send an email to klabore@MNnursinghomeneglect.com , or call Ken at 612-743-9048.

Overdose of Potassium Medication – Medication Error in Minnesota Nursing Home

Written By: Kenneth LaBore | Published On: 30th October 2011 | Category: Medication Errors | RSS Feed

Resident of a Minnesota Nursing Home dies after being given high doses of potassium which lead to a cardiac arrest. The nursing home identified was Bethany Home in Alexandria. There was a mistake in interpreting the physician’s orders.

For more information about this story see: Nursing Home Resident Given High Potassium, Kare 11 and MSN

The federal government establishes that a nursing home which accepts Medicare / Medicaid payments must ensure that residents are free of any significant medication errors. (42 CFR §483.25).

It is important that if you suspect a medication error that you ask the doctor to clarify the medication and dosage as well as any adverse reactions to be aware of.

Minnesota needs increased penalties for elder abuse and neglect

Written By: Kenneth LaBore | Published On: 31st August 2011 | Category: Nursing Home Care Issues, Physical Abuse, Sexual Abuse | RSS Feed

As an attorney who handles nursing home abuse and neglect case I have been advocating for stronger penalties for elder abuse and neglect for years. Despite the very severe neglect and abuse suffered by many nursing home residents, often leading to permanent injuries or death, the penalty for the care giver and/or the facility is generally inconsequential and more criminal penalty can flow from animal abuse and neglect than if the same horror is suffered by the vulnerable members of our society.

The attached article from the Star & Tribune titled: “State law has huge gap in punishing elder neglect”. Call needed attention to the serious risk created by the lack of adequate to punish the perpetrators of elder neglect. The article profiles several cases of elder abuse and contrasts the punishment received by the criminal when the victim is elderly as opposed to other vulnerable humans, such as children.

If you or a loved one has suffered an injury or abuse in a nursing home or other care facility that serves the elderly in Minnesota , please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact attorney Kenneth LaBore, directly please send an email to klabore@MNnursinghomeneglect.com , or call Ken at 612-743-9048.

Minnesota Nursing Homes included in List of “Special Focus Facilities” by Medicare

Written By: Kenneth LaBore | Published On: 31st July 2011 | Category: Caregivers Resources, Nursing Home Care Issues | RSS Feed

What is a Special Focus Facility? And what is the SFF Initiative and webpage? Special Focus Facility (“SFF”) Initiative This webpage offers a list of nursing homes that (a) have had a history of serious quality issues and (b) are included in a special program to stimulate improvements in their quality of care. Please take a minute to review this background information on our “Special Focus Facility” initiative. The background here will help you be as informed as possible when you discuss your long term care options with any nursing home that is listed here – and what they are doing to improve their quality of care. Background The Centers for Medicare & Medicaid Services (CMS) and States visit nursing homes on a regular basis to determine if the nursing homes are providing the quality of care that Medicare and Medicaid requires. These “survey” or “inspection” teams will identify deficiencies in the quality of care that is provided. They also identify any deficiencies in meeting CMS safety requirements (such as protection from fire hazards). When deficiencies are identified, we require that the problems be corrected. If serious problems are not corrected, we may terminate the nursing home’s participation in Medicare and Medicaid. Most nursing homes have some deficiencies, with the average being 6-7 deficiencies per survey. Most nursing homes correct their problems within a reasonable period of time. However, we have found that a minority of nursing homes have: More problems than other nursing homes (about twice the average number of deficiencies), More serious problems than most other nursing homes (including harm or injury experienced by residents), and A pattern of serious problems that has persisted over a long period of time (as measured over the three years before the date the nursing home was first put on the SFF list). Although such nursing homes would periodically institute enough improvements in the presenting problems that they would be in substantial compliance on one survey, significant problems would often re-surface by the time of the next survey. Such facilities with a “yo-yo” or “in and out” compliance history rarely addressed underlying systemic problems that were giving rise to repeated cycles of serious deficiencies. To address this problem CMS created the “Special Focus Facility” (SFF) initiative. How the Special Focus Facility (SFF) Initiative Works CMS requires that SFF nursing homes be visited in person by survey teams twice as frequently as other nursing homes (about twice per year). The longer the problems persist, the more stringent we are in the enforcement actions that will be taken. Examples of such enforcement actions are civil monetary penalties (“fines”) or termination from Medicare and Medicaid. Within about 18-24 months after a facility is identified by CMS as an SFF nursing home, we expect that there will be one of 3 possible outcomes: (a) Improvement & Graduation: The nursing home graduates from the SFF program because it has made significant improvements in quality of care – and those improvements are continued over time; (b) Termination from Medicare: The nursing home is terminated from participation in the Medicare and Medicaid programs. While such a nursing home may continue to operate (depending on State law), usually it will close once Medicare and Medicaid funding is discontinued. In such a case the State Medicaid Agency (and others) will assist all nursing home residents to transition to another residence that can provide a better and acceptable quality of care. This may include a variety of possibilities, such as another nursing home, a community-based setting, or apartment with good support services. (c) Extension of Time: The nursing home is provided with some additional time to continue in the SFF program because there has been very promising progress, such as the sale of the nursing home to another owner with a much better track record of providing quality care. How Can You Use This Information If you are considering admission to a nursing home included on this list you may want to: Above all, visit the nursing home. Talk to staff, residents, and other families. You may request to see the results from the last State or CMS survey (it should be in a place that is easily accessible.) Before your visit, look at the survey history of the nursing home on Nursing Home Compare to see what areas may be problematic. Ask the nursing home staff what they are doing to improve the quality of care for residents in the nursing home. Call the State survey agency (link to Nursing Home Compare) to find out more about the nursing home. Look at the length of time that a nursing home has been on the SFF list. This is particularly important if the nursing home has been an SFF nursing home for more than 18-24 months, since such nursing homes are closer to either graduating (due to improvements) or ending their participation in Medicare and Medicaid. Call your local State Ombudsman, Administration on Aging, and local groups to find out more about the nursing home. Use the Nursing Home Brochure found at http://www.medicare.gov/Publications/Pubs/pdf/nursinghome.pdf and “Guide to Choosing a Nursing Home” <a href=”http://www.medicare.gov/Publications/Pubs/pdf/02174.pdf”>http://www.medicare.gov/Publications/Pubs/pdf/02174.pdf</a> – both publications are available on Nursing Home Compare. If you currently reside in a SFF nursing home, please know that this home is being closely monitored (it is inspected twice as often as other nursing homes). You may also direct any questions you have to the contacts above. The good news is that about 50% of the nursing homes in the SFF program significantly improve their quality of care within 24-30 months after being selected for the SFF initiative, while about 16% tend to be terminated from Medicare and Medicaid. How to Interpret the Tables Below we list nursing homes in five (5) different categories: A. Table A – New Additions: Nursing homes newly added to the SFF (which have not yet had a standard survey since being added to the list). B. Table B – Not Improved: Nursing homes that have failed to show significant improvement despite having had the opportunity to show improvement in at least one survey after being named as a SFF nursing home. C. Table C – Improving: Nursing homes that have shown significant improvement, as indicated by the most recent survey, and CMS is waiting to see if the improvement continues over time. If the improvement continues for about 12 months (through two standard surveys), these nursing homes will graduate from the SFF list. “Significant improvement” means that the most recent standard survey (and any later compliant investigations) found no deficiencies in which there was actual harm to any resident, and no deficiency in which there was systemic potential for harm (i.e. no deficiency above an “E” level). D. Table D – Recently Graduated: These nursing homes not only improved, but they sustained significant improvement for about 12 months (through two standard surveys). CMS congratulates these nursing homes and list their names as “graduates” for a few months after they graduate so that anyone who has been tracking their progress will be informed. “Graduation” does not mean that there may not be problems in quality of care, but does generally indicate an upward trend in quality improvement compared to the nursing home’s prior history of care. E. Table E – No Longer in Medicare and Medicaid: These are nursing homes that were either terminated by CMS from participation in Medicare and Medicaid within the past few months, or voluntarily chose not to continue such participation. In most cases the nursing homes will have closed, although some nursing homes that leave Medicare later seek to show better quality and re-enter the Medicare program after demonstrating their ability to comply with all Federal health and safety requirements. In Minnesota there were six nursing homes that were mentioned on the Special Focus Facility released in July 2011, they were: Under: Facilities that Have Not Improved Valley View Manor in Laberton, Minnesota Wilmar Commons Nurs & Rehab, in Wilmar, Minnesota Under: Facilities Newly Added to the SFF Program Eveleth Heath Services Park in Eveleth, Minnesota Jourdain/Perpich Ext Care Facility, Redlake, Minnesota Under: Facilities that Recently Graduated from the SFF Program Crest View Lutheran Home, in Columbia Heights, Minnesota Westwood Health in Saint Louis Park, Minnesota For the entire list of facilities on the SFF list see: <a href=”http://www.cms.gov/CertificationandComplianc/Downloads/SFFList.pdf”>http://www.cms.gov/CertificationandComplianc/Downloads/SFFList.pd</a>f This website is not to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation. In addition to providing related information this blog may also be considered an advertisement for legal services. If you or a loved one has suffered an injury or abuse in a nursing home or other care facility that serves the elderly in Minnesota, please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact attorney Kenneth LaBore, directly please send an email to klabore@MNnursinghomeneglect.com, or call Ken at 612-743-9048.

Nursing Home Attorney Minnesota

Written By: Kenneth LaBore | Published On: 15th July 2011 | Category: Uncategorized | RSS Feed

Nursing home abuse happens in nursing homes across the nation and the world. This is something that should not be tolerated, regardless of the excuses given. Not enough funding, lack of qualified staff and overworked employees are some of the many excuses we hear but does this really make up for the physical, emotional and sexual abuse that your loved ones may sustain on a daily basis? Top Nursing Home Lawyer in Minnesota, Kenneth LaBore doesn’t think so and he is willing to fight until the end to help your loved one in need.

Is it Nursing Home Abuse?

Knowing if you have a case for nursing home abuse or if this is something that is common among homes across the nation is something that many people are worried about. After all, you most likely only visit one nursing home to see your loved one and thus you may not have anything to compare it to. In general, there are 28 different rights outlined in the Minnesota Nursing Home Residents Bill of Rights. If any of these are in violation, then you may have a case. Some of the rights include, but are not limited to:

- The right to appropriate healthcare and courteous treatment

- The right to choose your own physician and to know who is providing services to you

- The right to refuse experimental research and the right to have information about your treatments

- The right to be free from harm including abuse, neglect and financial exploitation

- The right to personal privacy and confidentiality of records

- The right to make grievances and complaints

- The right to control your own financial affairs

- The right to associate with anyone and to receive visitors

Signs of Nursing Home Neglect

In addition to the violation of Residents Rights, there may be other signs that nursing home abuse in present. If you notice a loved one acting differently then there may be a problem. Part of the aging process often involves a change in personality and other minor changes but if you notice that your loved one is withdrawn, fearful, pale, losing weight or notice obvious physical signs of trauma, then your best move is to contact a legal expert for advice on what to do next.

Be Part of the Solution and End Nursing Home Abuse

Filing a lawsuit against a nursing home or individual can help you acquire compensation for the damage done. While it will not turn back the clocks, it can ensure that this type of neglect does not happen to other residents in the future. Help put an end to this injustice and keep others from being harmed due to nursing home neglect by contacting our Nursing Home Attorneys Minnesota and getting the answers you need to move forward.

Trusted Nursing Home Lawyer Minnesota

For a free consultation, aggressive representation and unwavering support, contact Kenneth LaBore. He is a trusted nursing home abuse lawyer helping clients across Minnesota with any questions, concerns or representation. Contact him today at 612-743-9048 and start working on a solution.

Minnesota Nursing Home Lawyer

Written By: Kenneth LaBore | Published On: 15th July 2011 | Category: Uncategorized | RSS Feed

It is the responsibility of a nursing home to comply with minimum care standards set forth through state and federal regulations. If someone you love is in a nursing home then you want to ensure that they are taken care of both physically and emotionally. Residents have certain rights that are often taken for granted. If you are concerned about nursing home neglect, abuse or mistreatment, then it is important that you seek legal assistance. A Minnesota Nursing Home Attorney can explain the resident’s rights and, if neglect or mistreatment is taking place, can help you move forward with your case.

What to Do If You Suspect Nursing Home Abuse

There are a number of instances that can qualify as nursing home abuse. Some signs are a lot more obvious than others. Physical changes, such as obvious bed sores, rapid weight loss and a loss of color can all suggest a lack of proper treatment and nutrition. However, emotional signs of a problem may be harder to spot. You may notice that your loved one is withdrawn, moody or frightened or you may notice nothing at all.

Do I Have a Case?

Some of the things to be on the lookout when you are visiting your loved one include:

- Are there any obvious signs of pain or struggle? This includes things like bedsores and pressure sores, fall injuries, burns, infections, etc?

- Is there a sign of malnutrition or dehydration such as pale skin, rapid weight loss?

- Are there any signs of inadequate medical care, such as dirty bed sheets, medication errors?

- Do you suspect physical, emotional or sexual abuse from the staff? Sometimes your loved one will not want to say anything for fear of further punishment. However, they may act withdrawn or fearful if the certain person enters the room.

- Are you concerned about the payment procedure or are there fears for Medicare or Medicaid billing fraud?

- Is the medical equipment up to date and clean?

- Are there any violations in play in terms of the Residents Rights, such as the right to visitors, to right to practice any religion or the right to express one freely?

Knowing what constitutes as nursing home neglect or abuse can be tricky, especially if you are an outsider. You do not know exactly what happens behind closed doors; all you know is that something doesn’t feel right.

Get Legal Guidance Today

If this is the case, let the experts in the legal industry help you out. Kenneth LaBore is one of the top Minnesota Nursing Home Lawyers in the nation, recognized in the legal industry as an attorney you can trust. He is a member of a number of advocacy organizations against nursing home abuse and the co-author of Elder Care Guide. He takes nursing home abuse incredibly seriously and will not stop until justice has prevailed. No institution or individual has the right to treat a resident poorly, no matter what the circumstances. Don’t stand back and let this happen to a loved one.

Contact Minnesota Nursing Home Lawyer, Kenneth LaBore for a free consultation at 612-743-9048.

Medications Errors Tied to Nursing Home Resident’s Death

Written By: Kenneth LaBore | Published On: 30th June 2011 | Category: Medication Errors, Nursing Home Care Issues | RSS Feed

According to a story in the Star & Tribune, titled Medication Errors Tied to Buffalo Nursing Home Death, Lake Ridge Care Center provided “inadequate medication administration, which was relying on a report completed by state investigators.

As an attorney who handles nursing home abuse and neglect case, I can inform the public that there are state and federal regulations which apply to nursing homes which accept Medicare/Medicaid funds, including that the nursing home:

Ensure that residents are free of any significant medication errors. (42 CFR §483.25 (m)) and Minnesota Rule 4658.1320.
42 CFR § 483.1320 (m) Medication Errors. The facility must ensure that—
(1) It is free of medication error rates of five percent or greater; and
(2) Residents are free of any significant medication errors.

This website is not intended to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation.

If you or a loved one has suffered an injury from neglect or abuse in a nursing home or other care facility that serves the elderly in Minnesota please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact Attorney Kenneth L. LaBore, directly please send an email to klabore@mnnursinghomeneglect.com, or call Ken at 612-743-9048.

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