Villa Court Cromwell Exploitation Substantiated

Written By: Kenneth LaBore | Published On: 16th April 2015
Financial Exploitation by Staff

Neglect Dropped from Mechanical Lift Financial Exploitation by Staff – Villa Court Cromwell

Villa Court Cromwell Substantiated Neglect

In a report dated January 21, 2016, the Minnesota Department of Health alleged that a client was neglected when s/he was dropped from a lift due to equipment failure and suffered skin tears and bruising.  Later, the same day, a different mechanical lift failed and the client suffered an additional skin tear.

Based on a preponderance of evidence neglect is substantiated when the client sustained two skin tears in one day from two different EZ stands (a device to assist the client to a standing position).  A preventative maintenance program was not in place and monthly safety checks were not completed.

The morning of the first incident, a staff person was going to raise the client up from the toilet with the EZ stand.  As the other staff person pushed the button on the EZ stand to raise the client up, the actuator (the main mechanism that lifts the client to a standing position) failed and the client fell back onto the toilet.  The client received a skin tear 1 centimeter (cm) by 2 cm to the top of his/her right hand and a bruise to the left forearm 3 cm by 8cm.  The skin tear on the right hand required a protective dressing which was checked daily and changed as needed.

On the evening of the second incident a staff person was getting the client ready to bring to the toilet.  The staff placed the right strap of the sling to the EZ stand.  When the staff was about to place the left strap to the EZ stand the actuator failed.  The client received a skin tear on the left forearm 8 cm by 3.5 cm.  The skin tear on the left forearm was cleansed, triple antibiotic ointment was applied along with a non-stick dressing and wrapped in gauze daily.

The facility indicated that actuator of both EZ stands had broken.  The manufacturer’s instructions indicated the actuator should be checked monthly and lubricated.  Interviews verified this was not done for either of the EZ stands.

The client was diagnosed with a stroke, dementia, and arthritis.  The client’s care plan directed two staff to transfer the client to toilet with the EZ stand.  The client’s care plan was followed at the time of both incidents.

Villa Court Cromwell Complaint Findings for Exploitation

In a report concluded on May 23, 2014, the Minnesota Department of Health cites Villa Court Cromwell for exploitation by staff.

Based on preponderance of evidence, financial exploitation occurred when the Alleged Perpetrator (AP) cashed the client’s personal checks and used the cash for her/his own personal use.

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, injury from mechanical lift, financial exploitation or any other 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.

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