The Legacy of Delano Neglect Substantiated

Written By: Kenneth LaBore | Published On: 13th April 2015
Fall From Patient Lift

Fall From Patient Lift, The Legacy of Delano Minnesota

The Legacy of Delano Complaint Findings for Neglect – Falls

In a report concluded on October 11, 2013, the Minnesota Department of Health cites The Legacy of Delano for neglect – falls due to equipment failure inappropriate use of equipment.

It is alleged that neglect occurred when a client fell of the lift when she was being put in the bathtub.  The client hit her head causing a brain bleed.

The Legacy of Delano Substantiated Neglect Fall From Lift

A preponderance of evidence indicates neglect occurred when staff did not apply safety straps to the tub chair and client.  The client fell out of the chair and struck her her sustaining a head bleed.  The client died three weeks later.

The client had memory loss, confusion and was dependent on staff for all cares.  The client’s annual assessment indicated the client required physical assistance of two for bathing; however, the care plan indicated the client was to receive physical assistance of one person for bathing.  The client was at risk for falls.  The client leaned forwards or sideways while sitting.  The home health aide took the client to the tub chair in her wheelchair and transferred into the tub chair.  The home health aide did not apply the chair’s safety straps to secure the client in the tub chair.  The home health aide wheeled the client and chair into the tub, and secured the chair in the tub.  The home health aide bathed the client and then pulled the chair out of the tub to begin drying off the client.  While the home health aide was drying the client, the client leaned forward to the side in the chair.  The client fell quickly before the the home health aide was able to stop the fall.

For more information from the Minnesota Department of Health, Office of Health Facility Complaints concerning nursing homes, assisted living and other elder care providers view resolved complaints at the MDH website.

If you have concerns about falls,  inadequate medical equipment or any other form of elder abuse or neglect contact Elder Abuse and Neglect Attorney Kenneth LaBore at 612-743-9048 or 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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