Nursing Home Care Issues

Archive for the ‘Nursing Home Care Issues’ Category

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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.

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.

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.

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.

Nursing Home Blamed for Failing to Timely Respond to a Resident’s Change in Condition

Written By: Kenneth LaBore | Published On: 31st May 2011 | Category: Nursing Home Care Issues | RSS Feed

According to a State and Tribune Article: A western Minnesota nursing home has been blamed for its staff failing to act quickly enough to save the life of a resident whose physical condition was rapidly deteriorating ahead of cardiac arrest , according to a state report released this spring.
Sunwood Good Samaritan Society of Redwood Falls was found negligent in the death on Nov. 1, a state Health Department investigation determined.

Specifically, the investigation found, the home failed to have formal processes in place for monitoring and reacting to significant changes in a resident’s condition.

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@guardianlegalservices.net or call Ken at 612-743-9048

Signs of Nursing Home Abuse and Neglect

Written By: Kenneth LaBore | Published On: 31st May 2011 | Category: Bed Sores/Pressure Ulcers, Dehydration, Fall Injuries, Inadequate Staffing/Training, Nursing Home Care Issues, Pressure Ulcers | RSS Feed

Signs Of Nursing Home Abuse
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 contact a elderly abuse attorney immediately.
Physical Signs of Nursing Home Abuse
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:
• Bed sores/ pressure sores
• Torn clothing or personal items
• Constant falls and traumas
• Excessive weight loss or weight gain
• Fecal/urine smells
• Pale complexion
• Lack of personal hygiene
• Presence of dirt, lice, fleas, etc.
• A change in personality
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.
Signs of Nursing Home Neglect or Inadequate Care
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:
• Lack of staff members and lack of service provided
• Rudeness of staff members
• Lack of entertainment facilities
• Lack of patient morale
• Lack of proper diet, nutrition and lifestyle facilities
• Lack of proper heating or cooling
• Lack of proper hygienic cleaning
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.
The Minnesota Eldercare Rights Alliance has indentified the most common types of elder abuse and the signs to look for each type

Self-Neglect
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.

Physical Abuse
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.

Financial Exploitation
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.

Emotional
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.

Sexual Assault
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
Contact Us For A Free Consultation
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 contact 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 klabore@guardianlegalservices.net or call Ken at 612-743-9048.

Speak Up Against Abuse and Neglect of Seniors

Written By: Kenneth LaBore | Published On: 30th April 2011 | Category: Nursing Home Care Issues, Physical Abuse, Sexual Abuse | RSS Feed

Warning Signs of Elder Abuse

Sudden changes in behavior or finances
Physical injuries, dehydration, or malnourishment
Extreme withdrawal, depression, or anxiety
Absence of basic care or necessities
Kept away from others

Unsanitary living conditions
Personal items missing

SPEAK UP for seniors!
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.

F-Tag 314 Concerning Pressure Ulcers

Written By: Kenneth LaBore | Published On: 30th April 2011 | Category: Bed Sores/Pressure Ulcers, Caregivers Resources, Nursing Home Care Issues | RSS Feed

F-Tag – F314 – pressure relief
The new federal guidelines regarding surfaces and repositioning

When CMS released F314 in November 2004, with a key component of the new regulations that has been overlooked in some facilities is the use of support surfaces and the process for pressure redistribution.

The new interpretive guidelines ask facilities to determine the appropriate support surfaces or devices to be used by matching the devices’ potential therapeutic benefit with the resident’s specific situation. Regulators will also monitor the effectiveness of pressure redistribution devices based on their potential to address the individual resident’s risk, the resident’s response to the product, and the characteristics and condition of the product.

For the rest of this article from Long Term Living

An additional resource concerning pressure ulcer care and prevention

The National Pressure Ulcer Advisory Panel (NPUAP) serves as the authoritative voice for improved patient outcomes in pressure ulcer prevention and treatment through public policy, education and research.
This organization is an excellent resource for caregivers and family members dealing with individuals that are at risk for pressure ulcers also known as decubitus ulcers.

According to federal guidelines these type of ulcers are “preventable” in most situations.

Make sure your loved on is getting the proper care including:
• Proper Hydration and Nutrition;
• Is getting turned or rotated every 2 hours if unable to get up from bed or from wheel chair;
• Sheets are keep clean and smooth (without wrinkles);
• A special pressure relieving mattress or wheel chair cushion is used;
• All wounds should be measured and evaluated (Staged from 1-IV) using the “Braden Scale” or similar method;
• Wounds are immediately addressed in the early stages and appropriate wound care is performed by a qualified professional, including the use of wound vac devices and other methods to reduce the size and degree of the ulcers.

http://www.npuap.org/resources.htm

Assistance with Selecting Nursing Home in Minnesota

Written By: Kenneth LaBore | Published On: 28th February 2011 | Category: Caregivers Resources, Nursing Home Care Issues | RSS Feed

Nursing Home Selection

Choosing a nursing home for yourself or a loved one can be challenging. This Nursing Home Report Card gives information to help you make your choice. You should also consider other sources of information, visit the nursing homes being considered, and discuss your choices with family members and staff members of the facility.
This report card shows how Minnesota nursing homes scored in seven quality measures. Each nursing home is scored from 1 (lowest) through 5 (highest) on each of the seven measures. For additional information about the report card go to the nursing home report card fact sheet, Medicare NH Compare.
First, you can focus your search by choosing your preferred area of the state by zip code, or click here to see the report card for an individual nursing home.

________________________________________
For questions about this page, please contact: nhreportcard@health.state.mn.us

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