Phoenix Centerville Vadnais Heights Abuse Substantiated

Written By: Kenneth LaBore | Published On: 2nd April 2015
Physical Abuse by Staff

Physical Abuse by Staff at Phoenix Centerville Vadnais Heights Minnesota

Phoenix Centerville Vadnais Heights Complaint Findings for Physical Abuse

In a report concluded on March 16, 2010, the Minnesota Department of Health cites Phoenix Centerville Vadnais Heights for physical abuse by staff.

The allegation is: Client #1 was abused by a staff person, alleged perpetrator (AP).  On 12/8/2009. at 7:45 p.m., the client was noted to have a red oval shaped welt marks approximately 1/2 long on his shoulder blades, consistent with the shape of  a coat hanger.  The AP was terminated.

Substantiated Neglect Against Phoenix Centerville Vadnais Heights

According to Minn. Stat. § 626.5572, Subd. 2. Abuse. “Abuse” means:

(a) An act against a vulnerable adult that constitutes a violation of, an attempt to violate, or aiding and abetting a violation of:

(1) assault in the first through fifth degrees as defined in sections 609.221 to 609.224;

(2) the use of drugs to injure or facilitate crime as defined in section 609.235;

(3) the solicitation, inducement, and promotion of prostitution as defined in section 609.322; and

(4) criminal sexual conduct in the first through fifth degrees as defined in sections 609.342 to 609.3451.

A violation includes any action that meets the elements of the crime, regardless of whether there is a criminal proceeding or conviction.

(b) Conduct which is not an accident or therapeutic conduct as defined in this section, which produces or could reasonably be expected to produce physical pain or injury or emotional distress including, but not limited to, the following:

(1) hitting, slapping, kicking, pinching, biting, or corporal punishment of a vulnerable adult;

(2) use of repeated or malicious oral, written, or gestured language toward a vulnerable adult or the treatment of a vulnerable adult which would be considered by a reasonable person to be disparaging, derogatory, humiliating, harassing, or threatening;

(3) use of any aversive or deprivation procedure, unreasonable confinement, or involuntary seclusion, including the forced separation of the vulnerable adult from other persons against the will of the vulnerable adult or the legal representative of the vulnerable adult; and

(4) use of any aversive or deprivation procedures for persons with developmental disabilities or related conditions not authorized under section 245.825.

(c) Any sexual contact or penetration as defined in section 609.341, between a facility staff person or a person providing services in the facility and a resident, patient, or client of that facility.

(d) The act of forcing, compelling, coercing, or enticing a vulnerable adult against the vulnerable adult’s will to perform services for the advantage of another.

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 physical abuse or any other form of elder abuse or neglect contact Elder Abuse and Neglect Attorney Kenneth LaBore at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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