Archive for the ‘Verbal Abuse’ Category


Prairiewood Home Alexandria Abuse of Client

Written By: Kenneth LaBore | Published On: 26th February 2017 | Category: Verbal Abuse | RSS Feed
Substantiated Abuse Allegations Against Prairiewood Home Alexandria After Resident is Yelled at and Locked in Room

Substantiated Abuse Allegations Against Prairiewood Home Alexandria After Resident is Yelled at and Locked in Room

Prairiewood Home Alexandria Abuse of Client

In a report dated January 26, 2017, the Minnesota Department of Health alleged that a client at Prairiewood Home Alexandria was abused when the alleged perpetrator (AP) yelled at the client and pried the client’s legs apart to do cares. The AP told the client to go the to client’s room and the AP locked the door by jamming a butter knife in the molding to prevent the client from getting out of the room.

Prairiewood Home Alexandria Client Restrained Abuse Substantiated

Based on a preponderance of the evidence, abuse occurred when the alleged perpetrator (AP) yelled at the client, struggled with the client, and secluded the client.

The client’s diagnosis includes severe developmental disability.  The client independently completes the majority of his/her activities of daily living with staff cues.  The client required staff assistance with medication administration and application of a treatment cream to the client’s groin.  The care plan indicated staff were to provide the client one short and specific prompt assist the client to his/her room, use distractions such as music, and provide positive reinforcement with interactions.  For treatment refusals, the care plan directed staff to approach the client again at a later time.  When an interview was attempted, the client not verbalize specific information about the incidents.

During an evening shift, the facility had three staff scheduled to assist the clients.  Staff #1 and Staff #2 observed the client refuse to allow the AP to apply a treatment cream to the client’s groin.  The client put his/her legs together firmly and verbally refused the treatment.  The AP proceeded to try to pry the client’s legs apart with force to apply the cream.  The client responded by saying no.  Both staff and the AP continued to attempt to pry the client’s legs apart for about two minutes despite the client’s refusal.  There was no documentation of an injury to the client from the treatment.

According to Staff #1, around 7:30 p.m., the AP told the client to go to his/her room.  Once the client entered the room, the AP shut the door and placed a knife between the door molding and the door, preventing the client from leaving the room.  The client banged on the door for about ten minutes.  Staff #1  said after thirty minutes, the AP removed the knife from the door, but s/he did not open the door to check on the client.  Staff #1 reported that the AP “yelled” at the client, when s/he repeated the same phrases over and over that evening.  Staff #1 said s/he did not stop the AP or immediately report the AP’s actions because the AP is his/her friend.

According to Staff #2, s/he came into the hallway, after being in another client’s room, and saw the knife in the client’s door frame.  S/he knew it prevented the client from leaving the room.  According to Staff #2, s/he did not hear the client banging on the door, but saw the knife in the door frame for about ten minutes.

When interviewed, the AP denied the allegations.  S/he said the client grabbed the AP’s hand tightly and refused to let go during the groin treatment.  The AP was only insisting the client let go of his/her hand.  The AP admitted putting a knife between the door molding and the door, which prevented the client from leaving the room.  The AP said the knife in place for only a few minutes but admitted it was the wrong thing to do.

An interview with the program director established the AP was suspended and would no longer be working at the facility after the investigation.

Prairiewood Home Alexandria Report Suspected Abuse and Neglect

Click Here For Link To Report Abuse To Adult Protection

Click Here For Link To Report Abuse To Adult Protection

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

Disclaimer

Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota Toll Free 1-888-452-6589

Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota Toll Free 1-888-452-6589

 

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Assisted Living Assault

Written By: Kenneth LaBore | Published On: 5th February 2017 | Category: Assisted Living Care Issues, Elder Physical Abuse, Sexual Abuse, Verbal Abuse | RSS Feed
Minnesota Assisted Living Assault

Minnesota Assisted Living Assault

Minnesota Assisted Living Assault

Assisted living facilities deal with people with cognitive deficiencies with a wide range of abilities and risks for each resident.  Some residents are very mobile and active and other need assistance with transfer and other activities of daily living.

Despite the fact that many assisted living care providers charge more for a room and care than a nursing home there is a trade off you are getting a nicer room and usually newer more luxurious dining room and other areas but there very little training required to be a staff member in the facility.

According to Minnesota Statute 144G.03, Subd. 2, assisted living shall be provided or made available only to individuals residing in a registered housing with services establishment. Except as expressly stated in this chapter, a person or entity offering assisted living may define the available services and may offer assisted living to all or some of the residents of a housing with services establishment. The services that comprise assisted living may be provided or made available directly by a housing with services establishment or by persons or entities with which the housing with services establishment has made arrangements.

(b) A person or entity entitled to use the phrase “assisted living,” according to section 144G.02, subdivision 1, shall do so only with respect to a housing with services establishment, or a service, service package, or program available within a housing with services establishment that, at a minimum:

(1) provides or makes available health-related services under a home care license. At a minimum, health-related services must include:

(i) assistance with self-administration of medication, medication management, or medication administration as defined in section 144A.43; and

(ii) assistance with at least three of the following seven activities of daily living: bathing, dressing, grooming, eating, transferring, continence care, and toileting.

All health-related services shall be provided in a manner that complies with applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285;

(2) provides necessary assessments of the physical and cognitive needs of assisted living clients by a registered nurse, as required by applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285;

(3) has and maintains a system for delegation of health care activities to unlicensed personnel by a registered nurse, including supervision and evaluation of the delegated activities as required by applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285;

(4) provides staff access to an on-call registered nurse 24 hours per day, seven days per week;

(5) has and maintains a system to check on each assisted living client at least daily;

(6) provides a means for assisted living clients to request assistance for health and safety needs 24 hours per day, seven days per week, from the establishment or a person or entity with which the establishment has made arrangements;

(7) has a person or persons available 24 hours per day, seven days per week, who is responsible for responding to the requests of assisted living clients for assistance with health or safety needs, who shall be:

(i) awake;

(ii) located in the same building, in an attached building, or on a contiguous campus with the housing with services establishment in order to respond within a reasonable amount of time;

(iii) capable of communicating with assisted living clients;

(iv) capable of recognizing the need for assistance;

(v) capable of providing either the assistance required or summoning the appropriate assistance; and

(vi) capable of following directions;

(8) offers to provide or make available at least the following supportive services to assisted living clients:

(i) two meals per day;

(ii) weekly housekeeping;

(iii) weekly laundry service;

(iv) upon the request of the client, reasonable assistance with arranging for transportation to medical and social services appointments, and the name of or other identifying information about the person or persons responsible for providing this assistance;

(v) upon the request of the client, reasonable assistance with accessing community resources and social services available in the community, and the name of or other identifying information about the person or persons responsible for providing this assistance; and

(vi) periodic opportunities for socialization; and

(9) makes available to all prospective and current assisted living clients information consistent with the uniform format and the required components adopted by the commissioner under section 144G.06. This information must be made available beginning no later than six months after the commissioner makes the uniform format and required components available to providers according to section 144G.06.

Assisted Living Assault by Other Residents

Due to medications and perception issues such as hearing and vision, perhaps a change in environment or other difficulties persons in elder care facilities especially those with Alzheimer’s and dementia may get anxious and irritable and strike out at staff and other residents.   Or the assault may be in the form of inappropriate sexual contact or verbal abuse from residents who have lost some of their social filters.  Assisted living facilities have an obligation to keep residents safe and to supervise the other residents with the goal of as little confrontation as possible.  This may involve separating residents that are a risk to others and perhaps discharging them to a facility with more supervision if there is a risk to fellow residents.

Assisted Living  Assault by Staff Members

There are also of course situations where staff members take advantage of the fact that resident’s may be confusion or have other cognitive issues that make them very vulnerable to sexual assault.  Staff members should have background checks to limit the ability of persons with a known history to have contact with the residents.  However, the backgrounds are not always performed in a timely manner, or there are new criminal issues that show up once the staff member is hired, or the report is missing key information from other states or countries.  Then there are the staff that had never been caught abusing before but lacked the supervision of the staff and their actions which fostered an environment for those with a propensity to attempt abuse.

Residents need to be properly assessed, and then the staff needs to be well trained then supervised by protective management to assure the safety of all the residents.  Minnesota is a one person consent video state which means that you can place a hidden camera in the room of a resident.   The room in an assisted living facility is a private space just like an apartment in any other building and the resident can have a hidden camera if the resident and/or their legal representative consents to the recording.

Assisted Living Sexual Assault Reporting

Pursuant to Minn. Statute 144.7065, Subd. 7, potential criminal events, events reportable under this subdivision are:

(1) any instance of care ordered by or provided by someone impersonating a physician, nurse, pharmacist, or other licensed health care provider;
(2) abduction of a patient of any age;
(3) sexual assault on a patient within or on the grounds of a facility; and
(4) death or serious injury of a patient or staff member resulting from a physical assault that occurs within or on the grounds of a facility.

In addition to the reporting requirements for the facility you should also report any sexual or physical abuse to the local police department and the Minnesota Department of Health Office of Health Facility Complaints, OHFC.  See the attached for more information about reporting elder abuse and neglect.

Assisted Living Assault Attorney

If you have questions about physical abuse or assualt in a assisted living facility or other elder provider or nursing home or other elder abuse and neglect issues contact Kenneth LaBore for a free consultation.  There is no fee unless there is a verdict or settlement offer from the wrongdoer.  Mr. LaBore can be reached directly at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

Disclaimer

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Definition of Vulnerable Adult “Abuse” in Minnesota

Written By: Kenneth LaBore | Published On: 8th January 2017 | Category: Elder Physical Abuse, Nursing Home Abuse and Neglect, Sexual Abuse, Verbal Abuse | RSS Feed
Minnesota Elder Abuse and Neglect Definition Vulnerable Adults Act

Minnesota Elder Abuse and Neglect Definition From The Vulnerable Adults Act

“Abuse” Defined by Statute

Pursuant to Minnesota Statute 626.5772, Subd. 2.,”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.

(e) For purposes of this section, a vulnerable adult is not abused for the sole reason that the vulnerable adult or a person with authority to make health care decisions for the vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C or 252A, or section 253B.03 or 524.5-313, refuses consent or withdraws consent, consistent with that authority and within the boundary of reasonable medical practice, to any therapeutic conduct, including any care, service, or procedure to diagnose, maintain, or treat the physical or mental condition of the vulnerable adult or, where permitted under law, to provide nutrition and hydration parenterally or through intubation. This paragraph does not enlarge or diminish rights otherwise held under law by:

(1) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an involved family member, to consent to or refuse consent for therapeutic conduct; or

(2) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct.

(f) For purposes of this section, a vulnerable adult is not abused for the sole reason that the vulnerable adult, a person with authority to make health care decisions for the vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of medical care, provided that this is consistent with the prior practice or belief of the vulnerable adult or with the expressed intentions of the vulnerable adult.

(g) For purposes of this section, a vulnerable adult is not abused for the sole reason that the vulnerable adult, who is not impaired in judgment or capacity by mental or emotional dysfunction or undue influence, engages in consensual sexual contact with:

(1) a person, including a facility staff person, when a consensual sexual personal relationship existed prior to the caregiving relationship; or

(2) a personal care attendant, regardless of whether the consensual sexual personal relationship existed prior to the caregiving relationship.

If you have any questions about reporting concerns or any type of nursing home abuse or neglect call Attorney Kenneth LaBore for a free consultation at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.

Disclaimer

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Edgewood Hermantown Senior Living Abuse and Theft

Written By: Kenneth LaBore | Published On: 5th May 2016 | Category: Financial Exploitation, Patient Rights, Verbal Abuse | RSS Feed
Edgewood Hermantown Senior Living Allegation of Violations of Resident Rights

Edgewood Hermantown Senior Living Allegation of Violations of Resident Rights

Edgewood Hermantown Senior Living Physical and Verbal Abuse of Client

In a report dated January 20, 2017 the Minnesota Department of Health alleged that a client at Edgewood Hermantown Senior Living was abused when staff forced the client into his/her wheelchair causing a toe injury and forcefully pulled the resident up with a transfer belt.  Also, it is alleged the client’s rights were violated when staff made the client go to the dining area when s/he did not want to go.

Edgewood Hermantown Senior Living Substantiated Abuse Allegations

Based on a preponderance of the evidence, abuse occurred when the alleged perpetrator (AP) transferred the client with a gait belt against his/her will and in a manner that resulted in physical pain to the client’s stomach and toe,  and which produced emotional distress to the client.  In addition, the client suffered emotional distress when the AP forced the client to go to the dining room against his/her will.  The AP also used repeated malicious oral language towards the client and treated the client in a manner which was disparaging, derogatory, humiliating, and harassing.

The client received services from the home care provider for activities of daily living, behavioral management as needed, and wheelchair escorts according to the client’s service agreement and care plans.  The client self-transferred to his/her wheelchair without staff assistance.  The client’s behavioral plan of care indicated staff members were to notify the nurse of refusal of care or services, as the client how s/he would like the task performed, re-approach if the client refused care or services, and remind the client they were the aide for the shift.  The client was alert and oriented to person, place, and time, and his/her cognition was determined to be normal according to a nurse’s assessment.

Document review, a review of an audio recording of the incident, and interviews with the client, staff, family, and the AP were conducted.  The client was sitting on his/her couch when the AP came into client’s room to escort the client to supper.  The client was placing a call to a family member at the time and the family member’s answering machine answered the call.  The client was holding the cell phone when AP came into the room and did not disconnect the call.  The incident was consequently recorded on the answering machine.  The client told the AP s/he was not feeling well and did not want to go to the dining room.  The AP responded by stating that the client was lying, and told the client s/he was going to the dining room.  The AP put a gait belt around the client’s chest, although a gait belt was not ordinarily used for this client because the client self-transferred.  The belt was so tight it was hard for the client to breath.  The AP used one hand on the gait belt and pulled the client off the couch so forcefully that the client hit his/her toe on the nearby wheelchair.  The client stated s/he was “yanked” off the couch, and clarified that s/he meant the AP pulled with an abrupt, “jerking” motion and not a steady pull.  The client stated the pain was so intense, the client thought s/he passed out from the pain.  The client said s/he was very distressed during the incident and said when s/he came to, s/he was sitting in the wheelchair being escorted to the dining room against his/her will.  The client said a toe was bruised and sore after the incident,  still bothers him/her, and requires ongoing treatment by a doctor.  The client has ongoing fear and anxiety as a result of the incident.  See the rest of the report here.

Edgewood Hermantown Senior Living – Report Suspected Abuse and Neglect

Click Here For Link To Report Abuse To Adult Protection

Click Here For Link To Report Abuse To Adult Protection

If you have concerns about medication errors, improper use of medical equipment, falls or any other form of elder abuse or neglect contact Minnesota Elder Abuse Attorney Kenneth LaBore at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

Disclaimer

Theft of Cash from Resident at Edgewood Hermantown Senior Living

Theft of Cash from Resident at Edgewood Hermantown Senior Living

Money Taken From Client at Edgewood Hermantown Senior Living

In a report from the Minnesota Department of Health dated April 26, 2016, it was alleged that a client at Edgewood Hermantown was financially exploited when the alleged perpetrator4 (AP) took the client’s money for his/her personal use.

The MDH Cites Edgewood Hermantown Senior Living For Theft

Based on a preponderance of the evidence, financial exploitation did occur when the alleged perpetrator (AP) took $100 from the client without the client’s permission.

The client received services from the comprehensive home care provider for housekeeping and laundry.

Interview with the client revealed the client was in the dining room with his/her spouse when s/he saw the AP walk past him/her, walk down the hallway, and enter his/her room.  The client walked towards his/her room and saw the AP exit his/her room.  The client checked his/her dresser drawer and noticed s/he was missing $100 in $20 bills.  The client said it was there the night before and no one else had entered his/her room nor did the client’s spouse take the money.  The client escorted the AP to the front desk and reported to the facility staff and police interviewed the AP and the AP admitted to taking $100 in $20 bills from the client.

Interview with the facility staff revealed the client and s/he was in the dining room with his/her spouse when s/he saw the AP walk down the hallway, enter, and then exit his/her room.  Staff said the client escorted the AP to the front desk and reported s/he saw the AP enter his/her apartment without authorization and now was missing $100.  Facility staff interviewed the AP and the AP admitted to taking $100 in $20 bills from the client.  Facility staff the police to report the theft.

A police report indicated the police interviewed the client and the AP.  During the interview the AP admitted to taking $100 in $20 bills from the client.  The police forwarded their findings to the county attorney’s office for formal charging.

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 medication errors, improper use of medical equipment, falls or any other form of elder abuse or neglect contact Minnesota Elder Abuse Attorney Kenneth LaBore at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

Disclaimer

Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota Toll Free 1-888-452-6589

Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota Toll Free 1-888-452-6589

 

Facebooktwittergoogle_plusredditpinterestlinkedinmail

York Gardens Edina MDH Complaints

Written By: Kenneth LaBore | Published On: 16th April 2015 | Category: Failure to Resond to Change in Condition, Patient Rights, Verbal Abuse | RSS Feed
Abuse by Staff

Abuse by Staff at York Gardens Edina Minnesota

York Gardens Edina Complaint Findings for Neglect of Health Care Abuse

In a report concluded on May 1, 2014, the Minnesota Department of Health cites for neglect of health care abuse

A preponderance of evidence indicated that the abuse occurred on two separate occasions when the alleged perpetrator (AP) spoke to the client in a loud, critical and derogatory manner.

The client was, at all times, oriented to person but not place or time.  The client was diagnosed with vascular dementia which resulted in difficulty completing familiar tasks, following directions and organizing thoughts.

On October 20, 2013 the family installed a camera in the client’s room due to concerns that the client wasn’t receiving the care agreed on the service agreement.

A review of the video taken on 10/21/2013 showed the AP entered the client’s apartment and told the client that it was time for lunch.  The client was in bed and did not get up.  The AP repeatedly poked and tapped the client on the left shoulder while s/he stated. “come on, come on”.  The client responded by trying to push the AP’s right hand away.  The AP was heard to tell the client, that s/he was not going to stop.  The client got up and stood by the bed and stared straight ahead.  The AP placed his/her hand on the wall and stated in a ridiculing tone., “what are you doing, [short pause] today junior”.  The client said, “Why don’t you just leave me alone”?  The AP stated, “Because you don’t listen, you don’t want to go for dinner, you don’t, you don’t, you don’t.  The client did not respond to the AP’s statements.

York Gardens Edina Complaint Findings for Neglect

In a report concluded on June 8, 2012, the Minnesota Department of Health cites York Gardens Edina for neglect of health care.

It is alleged that neglect occurred when the licensee failed to have a nurse evaluate/assess Client #1 after the client complained of pain and was noted to have bruises on her body.  Client #1 sustained rib fractures to her right side of unknown origin.

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 failure to assess, physical abuse or any other form of elder abuse or neglect contact Elder Abuse and Neglect Attorney Kenneth LaBore at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

Disclaimer

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Carsten’s Harbour Cambridge Abuse Substantiated – Verbal Abuse

Written By: Kenneth LaBore | Published On: 6th March 2015 | Category: Elder Physical Abuse, Patient Rights, Verbal Abuse | RSS Feed
Abuse-Physical-Staff Abuse-Emotional-Staff Neglect-Health Care

Abuse-Physical-Staff Abuse-Emotional-Staff Neglect-Health Care, Carsten’s Harbour Cambridge

Carsten’s Harbour Cambridge Complaint Findings for Abuse by Staff – Confinement

In a report concluded on January 9, 2015, the Minnesota Department of Health cites Carsten’s Harbour Cambridge for abuse – physical – staff – emotional – staff – neglect – health care.

It is alleged that a client (C1) was abuse when the alleged perpetrator (AP) forced the client to stay in a locked room.

It is alleged that a client (C2) was verbally abused when the AP yelled at the client and threatened to hit and strap the client to the bed.

It is alleged that a client (C3) was neglected when the client fell and was injured when the AP directed staff not to complete cares.

In addition, it is  alleged that the AP has punched staff and been under the influence of drugs and alcohol while in the facility which has caused clients to be fearful.

Based on a preponderance of the evidence maltreatment is substantiated when the alleged perpetrator (AP) used unreasonable confinement by forcing C1 to remain in a room for 7 hours.  C2 and C3 were neglected when the AP instructed facility staff to leave their work areas for an unscheduled training meeting.  During this unsupervised time, C2 and C3 fell with C3 sustaining injuries.

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, health care neglect or any other form of elder abuse or neglect contact Elder Abuse and Neglect Attorney Kenneth LaBore at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

Disclaimer

Nursing Home Abuse and Neglect Lawyer Kenneth LaBore Offers Free Consultations and Serves Clients Throughout the State of Minnesota Call Toll Free at 1-888-452-6589

Nursing Home Abuse and Neglect Lawyer Kenneth LaBore Offers Free Consultations and Serves Clients Throughout the State of Minnesota Call Toll Free at 1-888-452-6589

 

Facebooktwittergoogle_plusredditpinterestlinkedinmail

The Three Most Common Types of Elder Abuse in Twin Cities Nursing Homes

Written By: Kenneth LaBore | Published On: 23rd October 2014 | Category: Elder Physical Abuse, Financial Exploitation, Sexual Abuse, Verbal Abuse | RSS Feed
Financial Abuse is One of Three Most Common Forms of Elder Abuse in Minnesota

Financial Abuse is One of Three Most Common Forms of Elder Abuse in Minnesota

List of Arguably the Three Most Prevalent Forms of Elder Abuse

Elder abuse occurs in nursing homes in the Twin Cities and all around Minnesota, here are perhaps three most common types. While Minnesota has one of the best reputations when it comes to its nursing homes, that doesn’t mean the abuse and neglect doesn’t exist.

Because of the fact that there are cases reported in Minnesota and throughout the Twin Cities, this has led to an examination of the three most common types of abuse that occur within nursing homes.

Some types of abuse are obvious and other types are not so obvious. The three most common types of elder abuse are:

Physical Abuse

Physical abuse is the most common of the three, as it is commonly experienced by nursing home patients in some way. This type of abuse entails physical beatings, sexual assault, forced ingestion of medication or food, and rough handling. Physical abuse can also be the direct result of neglect, which happens when the nursing home staff doesn’t clothe or feed a patient, protect the patient from safety or health hazards, or assist with personal hygiene.

Financial Abuse

It has been found a number of times that nursing home staff may also financially abuse patients. Of course, not all do this. However, there are some employed with nursing homes that will resort to this. Nursing home staff members have been found to coerce patients into giving them money or even naming them in their will. Some of the common signs of financial abuse include frequent bank account withdrawals, personal property loss, new mortgage contracts or loans, and recent revisions to estate planning documents.

Mental Abuse

When a patient is emotionally or verbally mistreated, this is considered mental abuse. Humiliation, insults, or threats fall into this category. Mental abuse can also include situations where the nursing home denies a patient their right to personal choice, such as when the patient wants to eat or get out of bed. Mental abuse can also come in the form of forced isolation and verbal intimidation.

So What Causes These Three Most Types of Abuse?

Nursing homes have a tendency to be understaffed and the working conditions can be stressful. The training may also not be up to par. Sometimes an individual hired by a nursing home is simply deceptive and will do anything to get money in the case the abuse is financial abuse. Other times, the employees are overworked and they burn out because of this fact. They lose their empathy and their patience with the patients, leading to them making some very serious errors.

Research has found that the chance of this abuse increasing within a facility is rather high with dementia patients and the number of staff available to take care of them. This is especially true when staff members are being asked to work double shifts. But even with double shifts, the staff can respond appropriately to difficult situations if they have the right kind of training. This is especially true when dealing with physically combative residents.

Report the Three Most Prevalent Forms of Abuse – Physical – Financial – Mental

Click Here For Link To Report Abuse To Adult Protection

Click Here For Link To Report Abuse To Adult Protection

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

Disclaimer

Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota Toll Free 1-888-452-6589

Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota Toll Free 1-888-452-6589

 

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Verbal Abuse – Substantiated Complaint by Minnesota Department of Health Against REM Hennepin Pillsbury

Written By: Kenneth LaBore | Published On: 28th August 2012 | Category: Facilities - Nursing Homes, Housing With Services Care Issues, Patient Rights, Verbal Abuse | RSS Feed
Verbal Abuse is Abuse and a Violation of  Resident Rights

Verbal Abuse is Abuse and a Violation of  Resident Rights

MDH Issues a Citation for Violation of Rights for Verbal Abuse

After an investigation into allegations of verbal abuse at REM Hennepin Pillsbury when one resident was verbally abusive and threatening to other residents.

Verbal Abuse is Abuse and a Violation of  Resident Rights

Provider: REM Hennepin Pillsbury
Location: Minneapolis, Minnesota
Provider Type: Housing with Services
Number of Substantiated Complaints listed by MDH 1
Complaint: Verbal Abuse
Click Here For Link To Report Abuse To Adult Protection

Click Here For Link To Report Abuse To Adult Protection

Although, efforts are made to make accurate links and relayed information, these blogs are examples of neglect and other issues, please double check all information at: MDH Website
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 verbal 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.
Disclaimer

Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota Toll Free 1-888-452-6589

 

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Verbal Abuse of a Resident Complaint Substantiated at Redeemer Residence

Written By: Kenneth LaBore | Published On: 26th August 2012 | Category: Caregivers Resources, Facilities - Nursing Homes, Pressure Ulcers, Verbal Abuse | RSS Feed
Verbal Abuse of a Resident Supports Citation for Substantiated Neglect at Redeemer Residence

Verbal Abuse of a Resident Supports Citation for Substantiated Neglect at Redeemer Residence

Verbal Abuse of a Resident Supports Citation for Substantiated Neglect at Redeemer Residence

Staff in a facility should be aware of the fact that verbal abuse of a resident is a violation of resident rights and can be the basis for citations of neglect by the Department of Health and other sanctions.

Provider:    Redeemer Residence, Inc.

Location:    Minneapolis, Minnesota

Provider Type:      Nursing Home

Number of Substantiated Complaints listed by MDH    2

Complaint 1:

Date Investigation Concluded:    February 12, 2010

Basis of Complaint:        Neglect of Supervision

Complaint 2: Verbal Abuse of a Resident by Nursing Home Staff

Date Investigation Concluded:    May 30, 2012

Basis of Complaint:    Physical Abuse of Staff, Emotional Verbal Abuse of a Resident by Staff

Although, efforts are made to make accurate links and relayed information, these blogs are examples of neglect and other issues, please double check all information at: MDH Website

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.

Disclaimer

Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota Toll Free 1-888-452-6589

Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota Toll Free 1-888-452-6589

 

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Aides Abusive to Residents of Nursing Home

Written By: Kenneth LaBore | Published On: 3rd April 2010 | Category: Caregivers Resources, Nursing Home Care Issues, Verbal Abuse | RSS Feed
Aides Abusive to Residents of Nursing Home

Aides Abusive to Residents of Nursing Home

Allegations that Aides Abusive to Residents of Nursing Home Residents According to News-story

Aides Abusive to Residents of Nursing Home – according to a story by Warren Wolfe from the Star & Tribune titled: Brainerd nursing home is cited for abuse At least 20 aides were involved in belittling and abusive behavior, state investigators say. State investigators found: A “pattern of resident abuse” by at least 20 nursing assistants that included belittling elderly patients, telling a man to urinate in his incontinence briefs and removing a call-light from a confused female resident. The mistreatment had been underway for more than three months and was known to as many as 40 other employees, including some supervisors, investigators were told. “This was a system wide failure,” said Stella French, who oversees state Health Department investigators. “It’s a situation that the administration should have known about and should have stopped.”

Nursing Home Elder Abuse and Neglect Nursing home abuse and nursing home neglect of the elderly and vulnerable in nursing homes and other facilities occurs in many forms. A nursing home lawyer is here to assist your loved ones with holding the wrongdoers accountable. Some types of abuse are obvious such as elder sexual or elder physical assault or financial exploitation. Others forms of abuse and neglect are less noticeable and are often the result of having fewer nursing staff and aides than are needed and required. Staffing and training issues lead to many forms of avoidable neglect such as: falls, pressure ulcers (bed-sores), medication errors, dehydration and malnourishment, urinary tract infections, unsupervised residents wandering or suffering burn injuries and a multitude of other problems. Ken LaBore represents a professional Minnesota Nursing Home Law Firm, which is dedicated to holding nursing homes accountable for providing quality care to residents pursuant to the contracts they sign with the government, Medicare and Medicaid. The nursing home has an obligation to provide the: “highest quality of care practicable”. If you suspect abuse or neglect to any vulnerable adult, please contact the Minnesota Department of Health where you can file a confidential report protecting those unable to do so for themselves.

Click Here For Link To Report Abuse To Adult Protection

Click Here For Link To Report Abuse To Adult Protection

WHAT SHOULD I DO IF I SUSPECT NEGLECT OR ABUSE If you have reason to suspect that a loved one sustained an injury in a hospital, nursing home or assisted living facility the State of Minnesota Department of Health will investigate the issue upon reasonable suspicion. The first step to resolve the issue is a complaint form which must be filed with the MDH to start an investigation. The MDH Complaint Form is a three page document filed through the Office of Health Facility Complaints (OHFC) through a specified complaint form, which requests a reporting parties name, address and other contact information, the name of whom the complaint is on behalf of, the name and address of the facility, the date of the incident and a narrative statement on what occurred. The form contains a notice called a Tennessen Warning stating that the information you provide on the form may be used in an investigation report, however, your identity is confidential and is not revealed to the general public, except as required by law. The form goes on to give some situations where it may be necessary to reveal your identity to persons in a hearing. Giving your name is optional, but failing to do so may hinder efforts to resolve the problem. For more information and a copy of an OHFC Complaint Form

To contact Attorney Kenneth L. LaBore, directly please send an email to: KLaBore@MNnursinghomeneglect.com, or call Ken at 612-743-9048 or toll free at 1-888-452-6589.

Disclaimer

Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota Toll Free 1-888-452-6589

Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota Toll Free 1-888-452-6589

 

Facebooktwittergoogle_plusredditpinterestlinkedinmail