Minnesota Heritage House Abuse and Neglect Substantiated

Written By: Kenneth LaBore | Published On: 29th March 2015
Minnesota Heritage House Allegations of Sexual Abuse

Minnesota Heritage House Allegations of Sexual Abuse

Minnesota Heritage House Cited by MDH after Sexual Assault to Resident

In a report dated August 8, 2016, report number HL21049028, report number HL21049029 and report number HL21049027, the Minnesota Department of Health, it was alleged that a client was sexually assaulted by an employee, alleged perpetrator (AP).

The client has end stage Alzheimer’s dementia and a history of cerebral vascular accident (CVA).  It was difficult to determine whether the client understood others.  The client required extensive assistance from one to two staff for all activities of daily living turning and repositioning with incontinence.

Sometime between 9:00 pm and 9:15 pm an employee knocked on the client’s bedroom door, waited a couple of seconds, and entered the room.  The ceiling light in the client’s room was on.   The employee stood in the door way and saw the AP, who was three feet away.  The AP was wearing a scrub top and his pants and underwear were pulled down to his knees.  The AP briefly turned to look at the employee and turned his head to face the client.  The AP was sweating, breathing heavy, but made no verbal response to the employee when asked what he was doing.  The AP then pulled up his pants.  The employee saw the client was in a fetal position with her back towards the AP.  The client’s nightgown was pulled up above her waist, but the employee did not notice if the client was wearing an incontinent product.  The employee left the room and reported the incident to the nurse.  The nurse immediately contacted administration.  The AP was sent home that evening and suspended pending investigation.  After the employee reported the incident she saw the client wearing a white nightgown.  The client was sent to the hospital for a sexual assault examination.  The AP’s personnel file was reviewed and the home care provider had a background study clearance on the AP at the time of hire and trained the AP on what constitutes abuse including sexual abuse.

The AP was interviewed and denied the allegation.  He said he was in the client’s room providing peri-care.  The AP denied that his pants and underwear were down to his knees.

The sexual assault examination completed at the hospital revealed that semen was found on the vaginal and perineal swabs obtained from the client during the exam.

The police report was reviewed and the specimens taken at the time of the sexual examination came back positive for semen.  DNA samples were obtained from the client and AP.  The case along with the DNA results will be forwarded to the county attorney for charges of sexual assault.

 

Financial Exploitation by Staff

Financial Exploitation by Staff, Failure to Respond to Change in Condition at Minnesota Heritage House in Little Falls Minnesota

Minnesota Heritage House Cited with Neglect

In a report concluded on October 15, 2014, the Minnesota Department of Health cited Minnesota Heritage House with allegation that a client was neglect when he did not receive a timely medical evaluation.

Based on a preponderance of the evidence, neglect occurred when the facility failed to provide timely medical response to a client’s change in condition.  The client developed abdominal pain, loss of appetite, vomiting, and a bulging in the abdominal area and the staff did not seek a medical evaluation for twenty-four hours.

The first change noted with the client was refusal to eat any meal over one full day.  The next day the client complained of abdominal pain and vomited.  The client refused breakfast and lunch.  An antacid and pain reliever was given to the client.  The nurse checked the client and noted a golf ball size protrusion on the abdomen in the location of the client’s pain.  The nurse thought the pain was from indigestion.  Although the nurse was not sure of the date of they physician’s next facility visit, the nurse documented the client’s symptoms on a concern form requesting the physician to review at the next visit.  The client continued to refuse meals and complain of abdominal pain.  An antacid and pain reliever was again given to client in the afternoon.

The client continued to complain of pain and inability to lie down and sleep on the overnight shift.  The client paced, moaned and vomited.  A hard large bulge was noted on the client’s mid-stomach area,  which was read warm to touch.  A pain reliever was given, but a response is unknown although the client laid down after the medication was administered.

The staff contacted the nurse at approximately 1:00 a.m. to report the client’s symptoms.  The nurse went into the client’s room but not assess the client because the client was lying in bed with eyes closed.  The nurse saw the client in the a.m.  The client continued to complain of pain and the protrusion on the abdomen  was still present.  Staff did not update the physician.   Later that morning, a friend visited and due to client’s complaints the friend drove the client to the emergency room.

The client arrived in the emergency room at 9:34 a.m., was diagnosed with an incarcerated ventral hernia and required emergency surgery.

When interviewed, the client’s surgeon indicated the following:  the surgery was a life threatening-emergency surgery.  There was fatty tissue stuck in the hernia long enough and tight enough to have lost blood supply and died.  Once the tissue loses blood supply, it becomes painful.  If the client has gotten medical care faster, the dead tissue may not have not needed to be removed and the client may have recovered faster and had a shorter hospital stay.

Minnesota Heritage House Little Falls Complaint Findings for Exploitation

In a report concluded on May 15, 2013, the Minnesota Department of Health cites Minnesota Heritage House for exploitation by staff.

It is alleged that financial exploitation occurred when Client #1, Client #2, Client #3, Client #4 were billed for narcotic pain medications that were not ordered by ordered by their physicians.  The AP falsified documents to order the narcotic pain medications and took them for the AP’s own use.

Minnesota Heritage House Little Falls Complaint Findings for Fondling Touching

In a report concluded on July 26, 2011, the Minnesota Department of Health cites Minnesota Heritage House for touching – fondling by staff.

The allegation is abuse based on the following: Client #1 was grabbed by the scrotum by Employee (G), Alleged Perpetrator (AP), resulting in a laceration to his penis.

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 sexual abuse, financial exploitation or any other form of elder abuse or neglect contact Minnesota Elder Abuse Attorney Kenneth LaBore toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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