Stop Minnesota Nursing Home Abuse
Any type of nursing home abuse is wrong and a perhaps a crime – abuse is preventable. Under the Minnesota Nursing Homes Residents Bill of Rights, all residents have the right to “be free from harm, including abuse, neglect and financial exploitation.” Physical abuse is the most common type of abuse in nursing homes but sexual abuse also occurs behind closed doors. No one wants to think that this could be happening to a family member.
Physical and Psychological Forms Nursing Home Abuse
Nursing home abuse and neglect is preventable. Sometimes it is difficult to determine if there was an incident of abuse or neglect suffered by a nursing home resident. Due to the complex nature of the care needs of many residents it is not always immediately evident if a person’s condition is the result of declining health or a disease process or due to either physical abuse or more subtly neglect.
Federal Regulations Prohibit Nursing Home Abuse
According to 42 CFR § 483.10, Resident rights. The resident has a right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility. A facility must protect and promote the rights of each resident, including each of the following rights: (a) Exercise of rights.
(1) The resident has the right to exercise his or her rights as a resident of the facility and as a citizen or resident of the United States.
(2) The resident has the right to be free of interference, coercion, discrimination, and reprisal from the facility in exercising his or her rights.
(3) In the case of a resident adjudged incompetent under the laws of a State by a court of competent jurisdiction, the rights of the resident are exercised by the person appointed under State law to act on the resident’s behalf.
(4) In the case of a resident who has not been adjudged incompetent by the State court, any legal-surrogate designated in accordance with State law may exercise the resident’s rights to the extent provided by State law.
Minnesota Statute § 144.651, Subd. 14. Freedom from maltreatment – Nursing Home Abuse
According to Minnesota Statute 144.651, Subd. 14, patients and residents shall be free from maltreatment as defined in the Vulnerable Adults Protection Act. “Maltreatment” means conduct described in section 626.5572, subdivision 15, or the intentional and nontherapeutic infliction of physical pain or injury, or any persistent course of conduct intended to produce mental or emotional distress. Every patient and resident shall also be free from nontherapeutic chemical and physical restraints, except in fully documented emergencies, or as authorized in writing after examination by a patient’s or resident’s physician for a specified and limited period of time, and only when necessary to protect the resident from self-injury or injury to others.
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 or toll free at 1-888-452-6589.
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