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What Are the Minimum Staffing Levels Required in a Minnesota Nursing Home?

Written By: Kenneth LaBore | Published On: 30th April 2012 | Category: Caregivers Resources, Nursing Home Care Issues | RSS Feed

Staffing is Important

Many of the incidents of neglect and abuse which occur in a nursing home or elder care environment is due to a lack of adequately trained professional nursing, and other staff members.

What Does the Law Require?

Minn. Stat. Sec. 144A04, Subd. 7 (2009).
My understanding is that since the RUG-III classification began, we’re back to the 2.0 hours as the minimum. (Rules section 4655.5600 refers to boarding care homes.)

Subd. 7.Minimum nursing staff requirement.
Notwithstanding the provisions of Minnesota Rules, part 4655.5600, the minimum staffing standard for nursing personnel in certified nursing homes is as follows:
(a) The minimum number of hours of nursing personnel to be provided in a nursing home is the greater of two hours per resident per 24 hours or 0.95 hours per standardized resident day. Upon transition to the 34 group, RUG-III resident classification system, the 0.95 hours per standardized resident day shall no longer apply.
(b) For purposes of this subdivision, “hours of nursing personnel” means the paid, on-duty, productive nursing hours of all nurses and nursing assistants, calculated on the basis of any given 24-hour period. “Productive nursing hours” means all on-duty hours during which nurses and nursing assistants are engaged in nursing duties. Examples of nursing duties may be found in Minnesota Rules, parts 4655.5900, 4655.6100, and 4655.6400. Not included are vacations, holidays, sick leave, in-service classroom training, or lunches. Also not included are the nonproductive nursing hours of the in-service training director. In homes with more than 60 licensed beds, the hours of the director of nursing are excluded. “Standardized resident day” means the sum of the number of residents in each case mix class multiplied by the case mix weight for that resident class, as found in Minnesota Rules, part 9549.0059, subpart 2, calculated on the basis of a facility’s census for any given day. For the purpose of determining a facility’s census, the commissioner of health shall exclude the resident days claimed by the facility for resident therapeutic leave or bed hold days.
(c) Calculation of nursing hours per standardized resident day is performed by dividing total hours of nursing personnel for a given period by the total of standardized resident days for that same period.
(d) A nursing home that is issued a notice of noncompliance under section 144A.10, subdivision 5, for a violation of this subdivision, shall be assessed a civil fine of $300 for each day of noncompliance, subject to section 144A.10, subdivisions 7 and 8.

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.



Reasons Why You Should Know the Medication Your Loved is Taking in the Nursing Home

Written By: Kenneth LaBore | Published On: 30th April 2012 | Category: Medication Errors | RSS Feed

If you have a family member in a nursing home and assuming you have permission it makes sense to know the medications being given by the nursing home to the resident. There are many reasons to track the medications a resident in a nursing home is taking including the ability to monitor for adverse reactions or changes in condition that may be related to the medication or a combination of medication. Family members should also know what medication a resident is being given in the nursing home to ensure that there is not over medication – or medication mismanagement (such as providing a pain medication which is prn (as needed), even when a resident is not experiencing symptoms of pain). The result could mask symptoms related to other conditions and most often can create other serious risks such as a risk of falling, choking, etc. Many times the medication is considered psychotropic and if over prescribed has a functional result of putting residents in an altered state of mind, usually making them less active, creating additional risks including pressure sores.

There are other reasons to know the medications being prescribed such as how they effect a resident’s appetite and thirst level (the staff may need to ensure adequate nourishment and hydration). A resident and their family should also be familiar with the medication itself, how it looks, the amount prescribed, the times taken, etc.., this helps reduce the chance of being given the wrong medication – and reducing the possibility that narcotic medications which are have been know to be taken by nursing home staff, see recent news-story about medication theft.

Make sure you are aware of what antipsychotic medications your loved you is taking.

According to an article from May 26, 2008, published in the New York Times: Elderly people with dementia who are given antipsychotics, even for a very short period of time, are more likely to end up in the hospital or even die, new research shows.

Many experts feel behavioral interventions should be tried first and antipsychotics used as a last resort, “when the behavior or the psychiatric symptoms are really out of control and causing complete distress not only for the person suffering from Alzheimer’s, but for caregivers all around them,” said Maria Carrillo, director of medical and scientific affairs at the Alzheimer’s Association in Chicago. “It’s important to work these things out with the physician and, of course, do follow-up very closely together, so you can make sure these antipsychotics are having the effect you want and, if not, discontinue them immediately.”
The findings were published in the May 26 issue of theArchives of Internal Medicine.

Antipsychotic drugs are commonly used to treat some of the behavioral complications of dementia, including delirium. Newer antipsychotic medications such as Zyprexa (olanzapine) and Risperdal (risperidone) have been available for about a decade and have largely replaced their older counterparts.

Researchers from the Institute for Clinical Evaluative Sciences in Ontario, Canada, compared 20,682 older adults with dementia living in the community with 20,559 older adults with dementia living in a nursing home between April 1, 1997, and March 31, 2004.

Each group was divided into three subgroups: those not receiving any antipsychotics, those taking newer antipsychotics, and those taking older antipsychotics such as Haldol (haloperidol). According to information gleaned from medical records, community-dwelling adults who had recently received a prescription for a newer antipsychotic medication were 3.2 times more likely than individuals who had received no antipsychotic therapy to be hospitalized or to die during 30 days of follow-up.

Those who received older antipsychotic therapy were 3.8 times more likely to have such an event, relative to their peers who had received no antipsychotic therapy.

A similar pattern, albeit less dramatic, emerged in the nursing home group. Individuals taking older antipsychotics were 2.4 times more likely to be hospitalized or die, while those taking newer drugs were 1.9 times more likely to die or be hospitalized during the 30 days of follow-up.

The study does, however, have its limitations. “It’s a carefully done study,” Kennedy said. “One flaw is that the [participants] weren’t randomly administered antipsychotics. There was some reason they were given an antipsychotic, such as aggression or agitation. It may have been done if they were recently admitted to the nursing home as part of the adjustment process.

Indeed, the authors acknowledged that about 17 percent of patients entering nursing homes start taking an antipsychotic within 100 days.
“For any of us, moving is like being sick. It takes a while to recover,” Kennedy said. “We need other sets of interventions besides medications. What that implies is more staffing and better training for staff, and that may not be a whole lot more expensive than medicines.”

More information:

The Alzheimer’s Association has a statement on treating behavioral and psychiatric symptoms in Alzheimer’s patients.
SOURCES: New York Times article May 26, 2008. Gary J. Kennedy, M.D., director, geriatric psychiatry, Montefiore Medical Center, New York City; Maria Carrillo, Ph.D., director, medical and scientific relations, Alzheimer’s Association, Chicago; May 26, 2008, Archives of Internal Medicine
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.



Allegations of Sexual Abuse in Minnesota Nursing Home by Staff Member

Written By: Kenneth LaBore | Published On: 28th March 2012 | Category: Nursing Home Care Issues, Physical Abuse, Sexual Abuse | RSS Feed

ursing Homes and other elder care providers in Minnesota have a duty to report abuse and neglect of vulnerable adults.   Nursing Homes should ensure that the residents are properly placed in the facility and that persons with medical or psychological conditions which make them unable to report incidents (Alzheimers, Dementia, Cognitive Issues) themselves need to be more closely monitored.

Recently there was been news concerning a resident in a Minnesota Nursing Home who was the alleged victim of sexual abuse from a nursing home employee.

According to a <a href=”http://www.twincities.com/localnews/ci_20214890/st-paul-nursing-home-worker-sexually-assaulted-resident”>Pioneer Press Article</a> which related the details of a Minnesota Department of Health Report that concluded abuse was likely in Highland Chateau Health Care Center.

The state agency alleged that an ex-employee of the facility had on several occasions tried to touch a resident’s breasts, exposed his penis and had her provide oral sex.   However, no charges appear to be filed to date.  The employee had apparently been the subject of a previously allegation of inappropriate sexual behavior at a different facility, but the allegations were not substantiated.

To see if a Minnesota Nursing Home or elder care facility has a history or substantiated neglect, review the Minnesota Department of Health, Office of Health Facility Complaints, Investigative Findings at the <a href=”http://www.health.state.mn.us/divs/fpc/directory/surveyapp/provcompselect.cfm”>MDH website.</a>

<h1>Signs of Nursing Home Abuse</h1>

There are a number of different warning signs that could suggest that a nursing home is not providing adequate health care. In many cases, these warning signs will go unnoticed until it is too late. In other cases, these warning signs are simply brushed off by family members and friends. And, in even more cases, these warning signs are hidden behind closed doors. Whatever the case, it is important to be on the lookout for any signs of nursing home abuse or neglect. Nursing homes are supposed to be a place of support and security; however, this is not always the case. If you notice any warning signs that a nursing home is not up to standard, then it is important to <a title=”contact” href=”http://www.mnnursinghomeneglect.com/contact”>contact</a> a elderly  abuse attorney immediately.
<h2><strong>Physical Signs of Nursing Home Abuse</strong></h2>
Physical signs can often be a great indicator of abuse. If your loved one is showing any of these symptoms, it could be a sign of neglect or abuse:
<ul>
<li><em>Bed sores/ pressure sores</em></li>
<li><em>Torn clothing or personal items</em></li>
<li><em>Constant falls and traumas</em></li>
<li><em>Excessive weight loss or weight gain</em></li>
<li><em>Fecal/urine smells</em></li>
<li><em>Pale complexion</em></li>
<li><em>Lack of personal hygiene</em></li>
<li><em>Presence of dirt, lice, fleas, etc.</em></li>
<li><em>A change in personality</em></li>
</ul>
Keep in mind that abuse can also occur without any shred of physical symptoms. It is also important to remember that emotional abuse be just as common and devastating to the nursing home victim.
<h3><strong>Signs of Nursing Home Neglect or Inadequate Care</strong></h3>
There are a number of cases where the neglect or abuse is not as easy to recognize as the physical signs. One of the best ways to understand if a nursing home is providing adequate care is to understand the Minnesota Nursing Home Resident Bill of Rights.  Some of the signs that neglect or abuse is taking place may include:
<ul>
<li><em>Lack of staff members and lack of service      provided</em></li>
<li><em>Rudeness of staff members</em></li>
<li><em>Lack of entertainment facilities</em></li>
<li><em>Lack of patient morale</em></li>
<li><em>Lack of proper diet, nutrition and      lifestyle facilities</em></li>
<li><em>Lack of proper heating or cooling</em></li>
<li><em>Lack of proper hygienic cleaning</em></li>
</ul>
If you notice any of the following, then it is important to discuss your concerns with your loved one as well as with an experienced nursing home abuse lawyer.

<strong>The Minnesota Eldercare Rights Alliance has indentified the most common types of elder abuse and the signs to look for each type</strong>

<strong> </strong>

<strong>Self-Neglect</strong>

poor hygiene, not taking prescribed medications, house

becoming dirty or hoarding behavior is evident, utilities shut off

due to lack of payment. Often self-neglect can be signs of

other abuse such as financial exploitation.

<strong>Physical Abuse</strong>

bruises or injuries that don’t seem consistent with explanation,

broken furniture or possessions (evidence of an altercation), an

elder’s report of being hit, slapped or abused.

<strong>Financial Exploitation</strong>

sudden unawareness of financial matters, bills not being paid

even though elder should have resources to pay bills,

unexplained transfer of assets or possessions, an elder’s report

of being exploited.

<strong>Emotional</strong>

crying spells, becoming withdrawn or agitated, sudden changes

in behavior, an elder’s report of abuse

wounds or injuries not healing or being treated, medications or

other prescriptions not being filled, bills not being paid (risking

eviction from home), an elder’s report of maltreatment.

<strong> </strong>

<strong>Sexual Assault</strong>

sudden withdrawal or isolation, bruising around genital area, an

elder’s report of assault or rape.

For a copy of a brochure regarding elder abuse from Eldercare Rights Alliance
<h3><strong>Contact Us For A Free Consultation</strong></h3>
Realizing that your loved one may be in danger and may not be receiving the utmost quality of care can make you feel anger, helpless and confused.  You most likely will not know what to do or who to turn to for help with this injustice. This is why it is so important to <a title=”contact” href=”http://www.mnnursinghomeneglect.com/contact”>contact</a> a qualified elder home abuse lawyer to help assess the situation and work on the case.

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 <a href=”mailto:klabore@guardianlegalservices.net”>klabore@guardianlegalservices.net</a> or call Ken at 612-743-9048



The Fight Against Falls in Nursing Homes is in the News in Duluth

Written By: Kenneth LaBore | Published On: 3rd March 2012 | Category: Fall Injuries | RSS Feed

I see another story about falls in a nursing home and the “Fight Against Falls” as outlined in the Duluth News Tribune

Reasons for Falls (MOST ARE PREVENTABLE)

Improper Assist

-Attempting to get up on own when unable

Cognitive Changes can effect balance and ability to walk leading to falls

-Medication Error?
-Reaction to medication?
-Blood Sugars out of range?
-Illness/fever/flu?
-Septis?
-Dehydration?
-Stroke?

Would you agree that many falls that occur to the elderly are AVOIDABLE if:
-proper assist when needed?
-given adequate supervision when needed?
-no medication problems?
-redirected when necessary for resident safety?

Why is it important to avoid FALLS and fractures?
-Already frail
-Osteoporosis
-Fractures lead to pneumonia and death

Bedrest causes:
-Weak or ineffective cough
-Lungs Compress and fail to expand fully “atelectasis”, making infection more likely
-Aspiration of Food or Upper Airway Secreations
-Delirium related to post-anesthesia complications, pain , or the side effects of pain medications
-Poor Nutrition causing muscle weakness, which affects ability to cough, take breaths and coordinate swallowing muscles

Deaths related to falls can occur immediately, (subdural hematomas) But, often can take 6-12 months or more to occur due to cause death?

Additional Risks from Falls:

-UTI from indwelling bladder catheters and because of urinary incontinence related to fracture

-Surgical Wound Infections
-Blood Clots, Malnutrition, Pressure Ulcers, and Additional Fall Related to Fractures
-Further Additional Falls

Falls – A Minnesota and National Public Health Concern

• Falls are the number one cause of trauma deaths, non-fatal major
trauma and other trauma care in Minnesota. The vast majority of these
cases are among older Minnesotans.
• Minnesota’s fall death rate is almost twice the national average and it is
increasing. Every hour an older adult dies as the result of a fall.
• The total costs for non-fatal falls among Minnesotans 65 years of age
and older were $162 million for hospital charges and $20.4 million for
emergency department charges in 2005.
• Hip fractures are among the most serious fall-related injuries. Twenty
percent die within the first year post-fracture, half
never regain their previous level of functioning, and many are unable to
live independently after their injury.
• Falls among the elderly are driving health care costs and significantly
impacting quality of life for our older adults.

What you can do –

⇒ Sign-up for the statewide falls prevention listserv. The listserv
is a vehicle to share information related to the falls prevention
initiative. To subscribe to the listserv, please visit:
http://mailman.stpaul.visi.com/mailman/listinfo/fallsprevention
⇒ Visit the Minnesota Falls Prevention Initiative website at
www.mnfallsprevention.org. The website contains more detailed
information related to conducting fall risk screenings and
assessments, implementing falls prevention interventions in your
community, linking community.
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.



Whistle-blower Action Allowed to Contine Against Local Nursing Home

Written By: Kenneth LaBore | Published On: 29th February 2012 | Category: Caregivers Resources, Financial Exploitation, Inadequate Staffing/Training | RSS Feed

There is a whistleblower case in the news this week:
See star and Tribune Article: “Whistleblower gets green light to build false-claims case”

According to the news story a federal judge gave a green light to allow the plaintiff to being gathering information in support of allegations that the nursing home operator had submitted false Medicare and Medicaid claims.

False Claim Actions are also historically called “Qui Tam” claims permit private citizens the right to bring a private action in the place of government enforcement. These private citizens are called “qui tam relators”

There are many forms of Qui Tam or False Claim Action including:

• preparing a false record or statement or bill in order to get a false or fraudulent claim
paid by the government.
• conspiring with anyone else to have a false or fraudulent claim paid by the government.
• holding property of the government intending to defraud the government or intending
to conceal it from the government.
• creating or delivering a false or fraudulent receipt to the government for its property.
• fraudulently buying property of the government from someone who is not authorized to
sell that property for the government.
• making a false statement to fraudulently avoid paying a debt to the government or to
avoid delivering property to the government.
• causing someone else to submit a false or fraudulent claim.

Relators’ claims stem from the principal allegation that Defendants unlawfully billed Medicare and Medicaid for occupational and physical therapy services for the time Johnson and others watched Medicare and Medicaid recipients exercise, unsupervised, in the Wellness Center. Relators claim that these practices violated Minn. Stat. §§ 148.706 and 148.6432, and 42 U.S.C. § 1395i-3(d)(4). Defendants seek dismissal of Relators’ complaint on two grounds: (1) that Relators are prohibited from asserting their claims on CASE 0:08-cv-01194-DWF-JJK Document 54 Filed 02/13/12 Page 5 of 10 the basis of the public disclosure bar; and (2) that Relators have failed to allege fraud with sufficient particularity.

The court allowed the action to continue with the discovery phase of the lawsuit.
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’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.

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.



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.

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.



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.

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.



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.



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