Choking & Asphyxiation

Archive for the ‘Choking & Asphyxiation’ Category

State Investigator’s Determine Nurse Failed to Properly Intervene to Assist Dying Nursing Home Resident

Written By: Kenneth LaBore | Published On: 2nd May 2010 | Category: Choking & Asphyxiation, Inadequate Staffing/Training, Nursing Home Care Issues | RSS Feed

There was a story in the Star & Tribune last week concerning a finding of neglect when a nursing home nurse fail to properly intervene on behalf of a resident who was having difficulty breathing at the Texas Terrace Center in St. Louis Park, Minnesota.
For the rest of the story: State: Nurse’s neglect led to nursing home death.

Federal Law mandates that resident in a nursing home:

42 CFR Section 483.25 – Quality of care.

Each resident must receive and the facility must provide the necessary care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being, in accordance with the comprehensive assessment and plan of care.
(l) Unnecessary drugs(1) General. Each resident’s drug regimen must be free from unnecessary drugs. An unnecessary drug is any drug when used: (i) In excessive dose (including duplicate drug therapy); or (ii) For excessive duration; or (iii) Without adequate monitoring; or (iv) Without adequate indications for its use; or (v) In the presence of adverse consequences which indicate the dose should be reduced or discontinued; or (vi) Any combinations of the reasons above.

Report Suspected Abuse and Neglect

If you suspect abuse or neglect to any vulnerable adult, please contact the Minnesota Department of Health/ Department of Human Services, where you can file a confidential report protecting those unable to do so for themselves. Positive change and accountability starts with reporting all suspected neglect and abuse.

By filing a complaint about suspected neglect or abuse a trained investigator is assigned to review the issue and the facility to protect the safety of the residents by identifying areas of care not in compliance with the minimum state and federal standards.

For assistance with filing a complaint with the state concerning abuse or neglect on the behalf of your family member or yourself, WITHOUT CHARGE, please call or email attorney Kenneth L. LaBore to schedule an appointment.

According to Minnesota Statute § Subd. 21(a) “Vulnerable adult” means any person 18 years of age or older who:
(1) is a resident or inpatient of a facility;
(2) receives services at or from a facility required to be licensed to serve adults under sections 245A.01 to 245A.15, except that a person receiving outpatient services for treatment of chemical dependency or mental illness, or one who is served in the Minnesota sex offender program on a court-hold order for commitment, or is committed as a sexual psychopathic personality or as a sexually dangerous person under chapter 253B, is not considered a vulnerable adult unless the person meets the requirements of clause (4);
(3) receives services from a home care provider required to be licensed under section 144A.46; or from a person or organization that exclusively offers, provides, or arranges for personal care assistant services under the medical assistance program as authorized under sections 256B.04, subdivision 16, 256B.0625, subdivision 19a, 256B.0651, 256B.0653 to 256B.0656, and 256B.0659; or
(4) regardless of residence or whether any type of service is received, possesses a physical or mental infirmity or other physical, mental, or emotional dysfunction:
(i) that impairs the individual’s ability to provide adequately for the individual’s own care without assistance, including the provision of food, shelter, clothing, health care, or supervision; and
(ii) because of the dysfunction or infirmity and the need for care or services, the individual has an impaired ability to protect the individual’s self from maltreatment.
(b) For purposes of this subdivision, “care or services” means care or services for the health, safety, welfare, or maintenance of an individual.

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, please send an email to klabore@guardianlegalservices.net or call Mr. LaBore directly at 920-920-8911.

Aide from Minnesota Nursing Home Stuffed Sock in Mouth of Resident Suffering From Dementia

Written By: Kenneth LaBore | Published On: 4th April 2010 | Category: Choking & Asphyxiation, Inadequate Staffing/Training, Nursing Home Care Issues, Physical Abuse | RSS Feed

According to a story from the Star & Tribune titled:
Nursing home aide stuffed sock in dementia patient’s mouth

The story states:
“An aide at a northwestern Minnesota nursing home crammed a sock in the mouth of a screaming resident because the woman, elderly and in the late stages of dementia, wouldn’t be quiet, according to a state Health Department report released Tuesday.

The report quotes a co-worker as saying, “What the hell are you doing?” as the incident unfolded on Jan. 4 in the resident’s room at the Sunnyside Care Center in Lake Park.

The co-worker told an investigator that the nursing assistant “chuckled” and responded that the resident “wouldn’t quit hollering,” the report added. The co-worker then removed the sock from the resident’s mouth.”
This is an example of completely avoidable and in-execusable neglect, demonstrating a lack of concern for human dignity.

Nursing Homes must learn to treat the vulnerable resident under their charge with the respect they deserve. As an attorney who handles nursing home abuse and neglect cases, I wish I could say this type of incident, reckless and abusive care, is isolated.

Nursing Home Elder Abuse and Neglect Nursing home abuse and nursing home neglect of the elderly and vulnerable in nursing homes and other facilities occurs in many forms. A nursing home lawyer is here to assist your loved ones with holding the wrongdoers accountable. Some types of abuse are obvious such as elder sexual or elder physical assault or financial exploitation. Others forms of abuse and neglect are less noticeable and are often the result of having fewer nursing staff and aides than are needed and required. Staffing and training issues lead to many forms of avoidable neglect such as: falls, pressure ulcers (bed-sores), medication errors, dehydration and malnourishment, urinary tract infections, unsupervised residents wandering or suffering burn injuries and a multitude of other problems. Ken LaBore represents a professional Minnesota Nursing Home Law Firm, which is dedicated to holding nursing homes accountable for providing quality care to residents pursuant to the contracts they sign with the government, Medicare and Medicaid. The nursing home has an obligation to provide the: “highest quality of care practicable”. If you suspect abuse or neglect to any vulnerable adult, please contact the Minnesota Department of Health where you can file a confidential report protecting those unable to do so for themselves.

WHAT SHOULD I DO IF I SUSPECT NEGLECT OR ABUSE If you have reason to suspect that a loved one sustained an injury in a hospital, nursing home or assisted living facility the State of Minnesota Department of Health will investigate the issue upon reasonable suspicion. The first step to resolve the issue is a complaint form which must be filed with the MDH to start an investigation. The MDH Complaint Form is a three page document filed through the Office of Health Facility Complaints (OHFC) through a specified complaint form, which requests a reporting parties name, address and other contact information, the name of whom the complaint is on behalf of, the name and address of the facility, the date of the incident and a narrative statement on what occurred. The form contains a notice called a Tennessen Warning stating that the information you provide on the form may be used in an investigation report, however, your identity is confidential and is not revealed to the general public, except as required by law. The form goes on to give some situations where it may be necessary to reveal your identity to persons in a hearing. Giving your name is optional, but failing to do so may hinder efforts to resolve the problem. For more information and a copy of an OHFC Complaint Form go to: http://www.health.state.mn.us/divs/fpc/ohfcinfo/hfccomplaintform.pdf

Elder Physical and Sexual Abuse:

Way to avoid Physical and Sexual abuse of the elderly is outlined in a brochure from Eldercare Rights Alliance called: Elder Abuse is a Crime.
National Citizens’ Coalition for Nursing Home Reform (NCCNHR) provides a free brochure and article on the called: Faces of Neglect.
The Power and Control Wheel for Elders and People with Disabilities.
The Types of Elder Abuse and Warning Signs is a brochure and checklist of warning signs to look for to avoid elder abuse produced by Eldercare Rights Alliance.

Elder Financial Exploitation and Abuse:

Eldercare Rights Alliance materials on Financial Exploitation of the elderly and vulnerable: Theft In Nursing Homes Awareness and Prevention.
Minnesota Eldercare Rights Alliance, Personal Property Inventory Form, to use upon admission.

Resources for Resident’s and Family of Nursing Homes – Long Term Care Facilities

Minnesota Nursing Home Residents’ Bill of Rights brochure from Eldercare Rights Alliance
The Eldercare Rights Alliance has a brochure called Tips for Choosing a Nursing Home
Center for Medicare and Medicaid Services, CMS, Nursing Home Compare provides the user with assistance in finding a nursing home based upon particular criteria such as the types of care and rehabilitation provided, location and past history of the facility.
Minnesota Department of Health, Nursing Home Report Card provides a way to compare nursing homes in Minnesota based upon the quality of care provided in the facility as determined by the facility’s survey and complaint history.
Family Councils are an important way that family and other community members can promote quality care of the resident of nursing homes, complaints made by the family council must be addressed by the facility under penalty with the state surveyors. The Minnesota Eldercare Alliance produced the following brochure on Family Councils.
The ElderCare Rights Alliance information on the Elder Justice Program which provides training to members of family and resident councils.
Resident Councils are a direct way for residents to get involved in issues related to the quality of care given to the residents.

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 LaBore at 612-767-7503.

Respiratory Pneumonia and Ubstructed Tracheal Tubes in Nursing Home Residents is Avoidable with Proper Care

Written By: Kenneth LaBore | Published On: 7th February 2010 | Category: Choking & Asphyxiation | RSS Feed

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 respirational 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 a nursing abuse attorney right away.

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 respirational 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 Minnesota have an obligation to comply with minimum care standards established by state and federal regulations. Many times injuries occurring to residents of Minnesota 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.

Minnesota 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.

Minnesota Rule 4658.0015 states that a nursing home must operate and provide services in compliance with all applicable federal, state, and local laws, regulations, and codes, and with accepted professional standards and principles that apply to professionals providing services in a nursing home.

Minnesota Rule 4658.0105 mandates that a nursing home must ensure that direct care staff is able to demonstrate competency in skills and techniques necessary to care for residents’ needs, as identified through the comprehensive resident assessments and described in the comprehensive plan of care, and are able to perform their assigned duties.

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.

Minnesota Statute 626.5572, Subd. 3. Accident.

“Accident” means a sudden, unforeseen, and unexpected occurrence or event which:

(1) is not likely to occur and which could not have been prevented by exercise of due care; and
(2) if occurring while a vulnerable adult is receiving services from a facility, happens when the facility and the employee or person providing services in the facility are in compliance with the laws and rules relevant to the occurrence or event.

Despite the state and federal regulations designed to protect vulnerable adult, there are still an unacceptably high number of respirational pneumonia, dislodged or clogged trachitomy tube incidents in nursing homes due to inadequate staffing and training.

Contact Us For A Free Consultation

If someone you love has been seriously affected by an obstructed breathing tube, or by other nursing home neglect such as respiratory pneumonia, call for a free consultation explaining how you can hold the facility accountable. No patient deserves this type of nursing home neglect. Attorney Kenneth LaBore has years representing the victim of nursing home abuse and neglect Contact Mr. LaBore for a free consultation with no fee unless there is a recovery from the wrongdoer, call locally at 612-767-7503 or toll free at 800-774-0757 or by email at KlaBore@Guardianlegalservices.net.

Crest View Lutheran Home Cited for Neglect of Resident

Written By: Kenneth LaBore | Published On: 15th December 2009 | Category: Choking & Asphyxiation, Inadequate Staffing/Training, Nursing Home Care Issues | RSS Feed

There was another article this weekend on nursing home abuse and neglect in the Star and Tribune newspaper. The article focused on a nursing home resident from Crest View Lutheran Home in Columbia Heights who was in the facility for short term rehabilitation therapy. The gentleman who was unnamed in the story, had stopped breathing while in the 24/7 care facility yet no attempts were made to resuscitate him.

According to the Minnesota Department of Health investigative report the LPN and the nurse supervisor was not aware that the resident needed be revived and did not have a DNR order. The story goes on to explain that the nurses did not have the necessary training in CPR and did not know where to find the resuscitation equipment even if there was not the confusion on the patient’s orders.

After an investigation of the matter the facility was determined to neglected the resident by not acting promptly to try to revive him.

For the rest of the Star and Tribune story, State Cites Nursing Home, click here.

This is a prime example of the need for qualified and properly trained staff. Unfortunately, the LPN was not properly trained and familiarity with how to find and use the necessary equipment to save the resident’s life. The answer to the “why” there was a lack of adequate staffing and equipment appears to be consistent with many such incidents, financial.

Unfortunately, unlike many accidents, this case seems to be avoidable if there was additional training for the staff.
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.

Minnesota Nursing Home Neglect Lawyer