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.

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.

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@prslegal.com, or call Ken at 612-767-7503.