Hillcrest Care Fall with Fractured Hip

Resident at Hillcrest Care Suffers Fractured Hip
Resident at Hillcrest Care Suffers Fractured Hip

Fall From Bed Results in Fractured Hip at Hillcrest Care 

In a report from MDH, it was alleged that a client at Hillcrest Care and Rehabilitation in Mankato was injured when they rolled out of bed due to improper placement and use of an air mattress.

Substantiated Neglect Against Hillcrest Care 

Neglect was substantiated. The facility for maltreatment.  The DON confirmed the staff thought that the mattress was an overlay not an air mattress. The staff was educated on the protocol related to the resident air mattresses and proper set up and usage.  The facility staff was educated to identify interventions related to the resident’s specific risks and causes to try to prevent the resident from falling and try to minimize complications from falling.   The facility’s corrective actions identified in the facility’s post fall investigation, were verified as having been implemented as of 4/26/20 through interviews and record review.

For a Free Consultation with an experienced elder abuse and neglect attorney call Kenneth LaBore at 612-743-9048.

A common form of neglect in elder care facilities involves medication management and administration or injuries from fall and fractures. Most forms of elder abuse are preventable with proper care and supervision.

Report Suspected Elder Abuse

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 care provided to a resident in a nursing home, assisted living or any other type of elder care provider contact Attorney Kenneth LaBore for a Free Consultation to discuss your legal rights and options.

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Federal Requirements for Long Term Care Facilities

Federal Requirements for Nursing Homes and Long Term Care Facilities

 

Federal Requirements for Nursing Homes and Long Term Care Facilities

Federal Requirements for Long Term Care Facilities – 42 CFR 483

The federal requirements and regulations for long term care facilities also known as nursing homes are contained at 42 CFR 483.   Each regulation sets for the minimum standard of care which is then inspected by the Center for Medicaid Service and Minnesota Department of Health in surveys or complaint investigations.

Here is the Nursing Home Reform Act Federal Requirements for Long Term Care Facilities

These federal requirements for long term care facilities set the standard of care for the facility, staff and medical providers.

42 CFR 483

§ 483.1 Basis and scope.

§ 483.5 Definitions.

§ 483.10 Resident rights.

§ 483.12 Freedom from abuse, neglect, and exploitation.

§ 483.15 Admission, transfer, and discharge rights.

§ 483.20 Resident assessment.

§ 483.21 Comprehensive person-centered care planning.

§ 483.24 Quality of life.

§ 483.25 Quality of care.

§ 483.30 Physician services.

§ 483.35 Nursing services.

§ 483.40 Behavioral health services.

§ 483.45 Pharmacy services.

§ 483.50 Laboratory, radiology, and other diagnostic services.

§ 483.55 Dental services.

§ 483.60 Food and nutrition services.

§ 483.65 Specialized rehabilitative services.

§ 483.70 Administration.

§ 483.73 Emergency preparedness.

§ 483.75 Quality assurance and performance improvement.

§ 483.80 Infection control.

§ 483.85 Compliance and ethics program.

§ 483.90 Physical environment.

§ 483.95 Training requirements.

(1) Pressure ulcers. Based on the comprehensive assessment of a resident, the facility must ensure that—

Many of the quality of care issues are addressed in 42 CFR 483.25, which has many subparts each on a specific type of care issue including:

42 CFR 483.25 Quality of care.

Quality of care is a fundamental principle that applies to all treatment and care provided to facility residents. Based on the comprehensive assessment of a resident, the facility must ensure that residents receive treatment and care in accordance with professional standards of practice, the comprehensive person-centered care plan, and the resident’s choices, including but not limited to the following:

(a) Vision and hearing. To ensure that residents receive proper treatment and assistive devices to maintain vision and hearing abilities, the facility must, if necessary, assist the resident—

(1) In making appointments, and

(2) By arranging for transportation to and from the office of a practitioner specializing in the treatment of vision or hearing impairment or the office of a professional specializing in the provision of vision or hearing assistive devices.

(b) Skin integrity.

(i) A resident receives care, consistent with professional standards of practice, to prevent pressure ulcers and does not develop pressure ulcers unless the individual’s clinical condition demonstrates that they were unavoidable; and

(ii) A resident with pressure ulcers receives necessary treatment and services, consistent with professional standards of practice, to promote healing, prevent infection and prevent new ulcers from developing.

(2) Foot care. To ensure that residents receive proper treatment and care to maintain mobility and good foot health, the facility must—

(i) Provide foot care and treatment, in accordance with professional standards of practice, including to prevent complications from the resident’s medical condition(s) and

(ii) If necessary, assist the resident in making appointments with a qualified person, and arranging for transportation to and from such appointments.

(c) Mobility.

(1) The facility must ensure that a resident who enters the facility without limited range of motion does not experience reduction in range of motion unless the resident’s clinical condition demonstrates that a reduction in range of motion is unavoidable; and

(2) A resident with limited range of motion receives appropriate treatment and services to increase range of motion and/or to prevent further decrease in range of motion.

(3) A resident with limited mobility receives appropriate services, equipment, and assistance to maintain or improve mobility with the maximum practicable independence unless a reduction in mobility is demonstrably unavoidable.

(d) Accidents. The facility must ensure that—

(1) The resident environment remains as free of accident hazards as is possible; and

(2) Each resident receives adequate supervision and assistance devices to prevent accidents.

(e) Incontinence.

(1) The facility must ensure that a resident who is continent of bladder and bowel on admission receives services and assistance to maintain continence unless his or her clinical condition is or becomes such that continence is not possible to maintain.

(2) For a resident with urinary incontinence, based on the resident’s comprehensive assessment, the facility must ensure that—

(i) A resident who enters the facility without an indwelling catheter is not catheterized unless the resident’s clinical condition demonstrates that catheterization was necessary;

(ii) A resident who enters the facility with an indwelling catheter or subsequently receives one is assessed for removal of the catheter as soon as possible unless the resident’s clinical condition demonstrates that catheterization is necessary, and

(iii) A resident who is incontinent of bladder receives appropriate treatment and services to prevent urinary tract infections and to restore continence to the extent possible.

(3) For a resident with fecal incontinence, based on the resident’s comprehensive assessment, the facility must ensure that a resident who is incontinent of bowel receives appropriate treatment and services to restore as much normal bowel function as possible.

(f) Colostomy, urostomy, or ileostomy care.  The facility must ensure that residents who require colostomy, urostomy, or ileostomy services, receive such care consistent with professional standards of practice, the comprehensive person-centered care plan, and the residents’ goals and preferences.

(g) Assisted nutrition and hydration.  (Includes naso-gastric and gastrostomy tubes, both percutaneous endoscopic gastrostomy and percutaneous endoscopic jejunostomy, and enteral fluids). Based on a resident’s comprehensive assessment, the facility must ensure that a resident—

(1) Maintains acceptable parameters of nutritional status, such as usual body weight or desirable body weight range and electrolyte balance, unless the resident’s clinical condition demonstrates that this is not possible or resident preferences indicate otherwise;

(2) Is offered sufficient fluid intake to maintain proper hydration and health; and

(3) Is offered a therapeutic diet when there is a nutritional problem and the health care provider orders a therapeutic diet.

(4) A resident who has been able to eat enough alone or with assistance is not fed by enteral methods unless the resident’s clinical condition demonstrates that enteral feeding was clinically indicated and consented to by the resident; and

(5) A resident who is fed by enteral means receives the appropriate treatment and services to restore, if possible, oral eating skills and to prevent complications of enteral feeding including but not limited to aspiration pneumonia, diarrhea, vomiting, dehydration, metabolic abnormalities, and nasal-pharyngeal ulcers.

(h) Parenteral fluids.  Parenteral fluids must be administered consistent with professional standards of practice and in accordance with physician orders, the comprehensive person-centered care plan, and the resident’s goals and preferences.

(i) Respiratory care, including tracheostomy care and tracheal suctioning.  The facility must ensure that a resident who needs respiratory care, including tracheostomy care and tracheal suctioning, is provided such care, consistent with professional standards of practice, the comprehensive person-centered care plan, the residents’ goals and preferences, and §483.65 of this subpart.

(j) Prostheses.  The facility must ensure that a resident who has a prosthesis is provided care and assistance, consistent with professional standards of practice, the comprehensive person-centered care plan, and the residents’ goals and preferences, to wear and be able to use the prosthetic device.

(k) Pain management.  The facility must ensure that pain management is provided to residents who require such services, consistent with professional standards of practice, the comprehensive person-centered care plan, and the residents’ goals and preferences.

(l) Dialysis.  The facility must ensure that residents who require dialysis receive such services, consistent with professional standards of practice, the comprehensive person-centered care plan, and the residents’ goals and preferences.

(m) Trauma-informed care.  The facility must ensure that residents who are trauma survivors receive culturally-competent, trauma-informed care in accordance with professional standards of practice and accounting for residents’ experiences and preferences in order to eliminate or mitigate triggers that may cause re-traumatization of the resident.

(n) Bed rails.  The facility must attempt to use appropriate alternatives prior to installing a side or bed rail. If a bed or side rail is used, the facility must ensure correct installation, use, and maintenance of bed rails, including but not limited to the following elements.

(1) Assess the resident for risk of entrapment from bed rails prior to installation.

(2) Review the risks and benefits of bed rails with the resident or resident representative and obtain informed consent prior to installation.

(3) Ensure that the bed’s dimensions are appropriate for the resident’s size and weight.

(4) Follow the manufacturers’ recommendations and specifications for installing and maintaining bed rails.

Consumer Voice produced a chart of changes and new federal nursing home rules and regulations.

If you have any questions about injury or assault or care provided at a nursing home or other type provider such as assisted living or memory care, contact Nursing Home Neglect and Abuse Lawyer Kenneth LaBore, toll free at 1-888-452-6589 or 612-743-9058 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

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The Geneva Suites Failure to Respond to Stroke Symptoms

Failure to Respond to Client Having Stroke at The Geneva Suites
Failure to Respond to Client Having Stroke at The Geneva Suites

Delayed Response to Change in Condition at The Geneva Suites

In a report from the MDH, it was alleged that a client at The Geneva Suites was neglected when the facility did not respond appropriately to reports of a client with a significant change in condition. The client was sent to the emergency room with signs and symptoms of a stroke. Additionally, it was alleged that the client was not receiving meal preparation services that were a part of the client’s care plan.

Neglect Substantiated Due to Care Issues

Neglect was substantiated. The facility was responsible for the maltreatment. Facility staff did not initiate a timely and appropriate response when the client had a significant change in condition. The direct care staff did not call 911 even after concluding the client needed emergency medical services. In addition, the nurse did not ask the unlicensed personnel detailed questions to assess the client’s condition, and did not arrive at the home during the shift to assess the client. 911 was called at the end of the shift, at which time the client was sent to the hospital with signs and symptoms of a stroke.

For a Free Consultation with an experienced elder abuse and neglect attorney call Kenneth LaBore at 612-743-9048.

A common form of neglect in elder care facilities involves medication management and administration or injuries from fall and fractures. Most forms of elder abuse are preventable with proper care and supervision.

Report Suspected Elder Abuse

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 care provided to a resident in a nursing home, assisted living or any other type of elder care provider contact Attorney Kenneth LaBore for a Free Consultation to discuss your legal rights and options.

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Saint Therese of Woodbury Resident Falls with Injuries

In a report from the MDH, St. Therese / Saint Therese of Woodbury was alleged to neglect a resident when the facility failed to follow the client’s service plan for toileting, resulting in a fall with injuries.

Fall Injury at Saint Therese Woodbury

Neglect is substantiated. The alleged perpetrator (AP) was responsible for neglect. The AP failed to toilet the client during the night shift and the client had a fall with injuries when the client toileted herself. The AP could not sign into the computer to access to client service plan, and therefore did not complete or document any scheduled client services. The AP did not contact the on-call nurse for assistance.

The investigation included interviews with facility staff, including nursing staff, unlicensed staff and family member. The investigator conducted observation of staff/client interactions toured the facility, spoke with additional clients, and reviewed documents, including policies related to implementation of service plans, nursing assessments, and falls prevention.

For a Free Consultation with an experienced elder abuse and neglect attorney call Kenneth LaBore at 612-743-9048.

A common form of neglect in elder care facilities involves medication management and administration or injuries from fall and fractures. Most forms of elder abuse are preventable with proper care and supervision.

Report Suspected Elder Abuse

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 care provided to a resident in a nursing home, assisted living or any other type of elder care provider contact Attorney Kenneth LaBore for a Free Consultation to discuss your legal rights and options.

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Maple Hill Senior Living – Multiple Falls

Resident at Heritage of Edina Suffers Shoulder Fracture in Fall
Resident at Maple Hill Senior Living Sustained Shoulder Fracture in Fall

Fracture to Shoulder of Resident at Maple Hill Senior Living

In a report from the MDH it is alleged that the Maple Hill Senior Living (AP) neglected the client, on two separate occasions, when the AP did not answer the call light for several hours. The first time, the client attempted to get out of bed, fell and laid on the floor for several hours. The client sustained a shoulder fracture.

Neglect was substantiated. The facility and the AP were responsible for the maltreatment. The AP neglected to provide the client a scheduled safety check and neglected to answer the client’s call pendant for approximately five hours. The client fell after attempting to transfer herself from the bathroom and laid on the floor for several hours. The client sustained a shoulder fracture.

Maple Hill Senior Living Resident – Fall Incident

In another MDH report it was alleged that Maple Hill Senior Living (AP) neglected to supervise a client who had multiple falls. It is also alleged that the facility neglected to provide the client with clean sheets or correct medications.

Neglect was substantiated. The facility was responsible for the neglect. The client had a fall that resulted in a broken facial bone and required hospitalization. When the client returned from the hospital, a nurse assessed the client to be a high fall risk, but failed to implement fall prevention interventions because the client was on the memory care unit and received hourly checks.

For a Free Consultation with an experienced elder abuse and neglect attorney call Kenneth LaBore at 612-743-9048.

A common form of neglect in elder care facilities involves medication management and administration or injuries from fall and fractures. Most forms of elder abuse are preventable with proper care and supervision.

Report Suspected Elder Abuse

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 care provided to a resident in a nursing home, assisted living or any other type of elder care provider contact Attorney Kenneth LaBore for a Free Consultation to discuss your legal rights and options.

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Vulnerable Client at Butterfly Bound Care Sexual Abuse Allegations

In a MDH report it was alleged that a client at Butterfly Bound Care was sexually abused when the alleged perpetrator (AP) abused a client when he had sex with the client, gave the client $100.00, and then told the client would get kicked out if she told anyone.

Report that Client abused, then paid, the threatened at Care Facility

According the MDH abuse was substantiated against Butterfly Bound Care and the AP were responsible for the maltreatment. The facility failed to ensure that the AP completed training on staff/client boundaries. The AP told the client that if she had sex with him, he would make sure that she was not kicked out of the home. The AP gave the client $100 and then told her that is she told anyone about the incident she would be kicked out of the home.

On the evening of the incident, the AP gave the client a back massage. The AP then asked the client to have sex with him. The AP told the client he would give her $100 for sex. The AP took the client in his car to the bank and to Walgreens. The AP left the other clients alone in the facility.

The AP brought the client back to the Butterfly Bound Care facility where they engaged in sex. Afterward, the AP told the client not to tell anyone or he would make sure she was kicked out of the facility. The client moved out of the facility about two weeks later.

Police Contacted Concerning Assault / Abuse at Butterfly Bound Care

During an interview, the client said she reported the incident to a county worker, who contacted the police.

The investigation with the Minnesota Department of Health resulted in the conclusion that abuse was substantiated.

For a Free Consultation with an experienced elder abuse and neglect attorney call Kenneth LaBore at 612-743-9048.

A common form of neglect in elder care facilities involves medication management and administration or injuries from fall and fractures. Most forms of elder abuse are preventable with proper care and supervision.

Report Suspected Elder Abuse

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 care provided to a resident in a nursing home, assisted living or any other type of elder care provider contact Attorney Kenneth LaBore for a Free Consultation to discuss your legal rights and options.

Disclaimer

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Pressure Injuries Sores Decubitus

Decubitus Pressure Injuries Sores are Avoid Unless Underlying Clinical Reason for Sores

Avoiding Nursing Home Pressure Ulcer Injury

Nursing homes are established to provide the elderly with the assistance and care they need. In many instances, your loved one may become sick or bed ridden due to an accident or disease, or suffer from a pressure injuries sores or other neglect.

If your loved one is currently on bed rest or disabled, it is critical that they are receiving the adequate nursing care, including sufficient food and hydration as well as personal attention from the nursing home staff, to ensure they have adequate movement to shift the weight bearing locations on their bodies.

A lack of mobility leading to prolonged periods of time of increased pressure on a resident’s heels, lower back and shoulders can lead to ulcerations, often called decubitus ulcer, pressure ulcer or bed sores.

Pressure Injuries Sores / Ulcers are often a sign that the nursing home staff is not assisting the residents to move freely or not turning them as they are meant to. This is a serious form of nursing home abuse that should be dealt with right away. Contacting a nursing home abuse lawyer is your first step against this type of mistreatment.

The Freedom from abuse, neglect and exploltationwhich regulation governs nursing homes considers pressure ulcers to Be “AVOIDABLE” and therefore preventable: Pressure ulcers / sores. Based on the comprehensive assessment of a resident, the facility must ensure that—

(1) A resident who enters the facility without pressure sores does not develop pressure sores unless the individual’s clinical condition demonstrates that they were unavoidable; and
(2) A resident having pressure sores receives necessary treatment and services to promote healing, prevent infection and prevent new sores from developing. Freedom from abuse, neglect and exploltation.

Understanding Pressure Injuries Ulcers – Bed Sores

Bed sores also referred to as decubitus ulcers and pressure sores, are areas of damaged skin and tissue that develop due to a reduction in circulation often accompanied by excessive periods of unrelieved pressure on the affected area. In order to properly track the care provide for a pressure sore, it is essential that the staff understand the correct way to identify and chart the stages of pressure wounds.

The National Pressure Ulcer Advisory Panel (NPUAP) serves as the authoritative voice for improved patient outcomes in pressure ulcer prevention and treatment through public policy, education and research.

Pressure Ulcer Stages Revised by NPUAP

NPUAP Stage 1 Pressure Ulcer Injury: Non-blanchable erythema of intact skin Intact skin with a localized area of non-blanchable erythema, which may appear differently in darkly pigmented skin. Presence of blanchable erythema or changes in sensation, temperature, or firmness may precede visual changes. Color changes do not include purple or maroon discoloration; these may indicate deep tissue pressure injury.

Stage 2 Pressure Injury: Partial-thickness skin loss with exposed dermis Partial-thickness loss of skin with exposed dermis. The wound bed is viable, pink or red, moist, and may also present as an intact or ruptured serum-filled blister. Adipose (fat) is not visible and deeper tissues are not visible. Granulation tissue, slough and eschar are not present. These injuries commonly result from adverse microclimate and shear in the skin over the pelvis and shear in the heel. This stage should not be used to describe moisture associated skin damage (MASD) including incontinence associated dermatitis (IAD), intertriginous dermatitis (ITD), medical adhesive related skin injury (MARSI), or traumatic wounds (skin tears, burns, abrasions).

Stage 3 Pressure Injury: Full-thickness skin loss Full-thickness loss of skin, in which adipose (fat) is visible in the ulcer and granulation tissue and epibole (rolled wound edges) are often present. Slough and/or eschar may be visible. The depth of tissue damage varies by anatomical location; areas of significant adiposity can develop deep wounds. Undermining and tunneling may occur. Fascia, muscle, tendon, ligament, cartilage and/or bone are not exposed. If slough or eschar obscures the extent of tissue loss this is an Unstageable Pressure Injury.

Stage 4 Pressure Injury: Full-thickness skin and tissue loss Full-thickness skin and tissue loss with exposed or directly palpable fascia, muscle, tendon, ligament, cartilage or bone in the ulcer. Slough and/or eschar may be visible. Epibole (rolled edges), undermining and/or tunneling often occur. Depth varies by anatomical location. If slough or eschar obscures the extent of tissue loss this is an Unstageable Pressure Injury.

Unstageable Pressure Injury: Obscured full-thickness skin and tissue loss Full-thickness skin and tissue loss in which the extent of tissue damage within the ulcer cannot be confirmed because it is obscured by slough or eschar. If slough or eschar is removed, a Stage 3 or Stage 4 pressure injury will be revealed. Stable eschar (i.e. dry, adherent, intact without erythema or fluctuance) on the heel or ischemic limb should not be softened or removed.

For a free consultation with an experienced nursing home neglect attorney concerning pressure injuries, injury from mechanical patient lift, assault or other neglect contact Kenneth LaBore 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
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
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Hoyer Mechanical Patient Lift Fall Injuries

Hoyer Type Lift Neglect Fall From Patient Lift
Hoyer Type Lift
Neglect Fall From Patient Lift

How to Avoid Injury From Mechanical Patient Lifts

Nursing Homes have a legal duty to ensure that all the patient lifts also known as Hoyer Lifts and other medical equipment, including the staff training, is up to the standards. It is important that all medical equipment be checked and serviced by professionals and that all staff are properly trained and qualified for their positions. In fact, Freedom from Abuse Neglect Federal Regulation mandates they should be “as free of accidents as possible”. Patient lift injuries are some of the most common injuries in nursing homes since the residents often require assist with transfers many time a day. Often patient lifts called by generic terms such as: “hoyer lift”, “inva-lift”, “pro-lift”, “valero” and others – this can or cannot be the actual manufacturer of the lift.

Federal Regulation Mandates Concerning Falls – Patients Lifts

Freedom from Abuse Neglect Federal Regulation (h) Accidents. The facility must ensure that—

(1) The resident environment remains as free of accident hazards as is possible; and

(2) Each resident receives adequate supervision and assistance devices to prevent accidents.

Improper Patient Lift and Other Medical Equipment Concerns

There are a number of different problems surrounding the improper use of mechanical patient lift and other medical equipment in nursing home and other care facilities. Some of the cases we handle include the following:

  • Hazardous equipment – this includes patient lifts, beds, bathroom facilities and common room facilities
  • Lack of safety devices – bed rails, wheelchairs, etc.
  • Inadequate bedding – unclean sheets and linen, rickety beds, missing bed rails
  • Lack of hygiene and cleanliness
  • Lack of proper specialized care medical equipment including bariatric patient lifts, oxygen carts, tracheal suctioning equipment, etc.
  • Inadequate training and supervision of staff

Inadequate Medical Equipment Training

In addition to hazardous medical equipment concerns, you also need to be sure that the nurses, the doctors and the caregivers in the facility are properly qualified and trained. Because of the rise in the aging population, more and more nursing facilities are hiring people off the street that do not have the education, the qualifications or the background to work in this environment. For more information see: patient lift injuries. If a nursing home is not providing an adequate level of health care and support including the use of proper patient lifts and other medical equipment then it is important that the authorities be notified right away and that the nursing home neglect stops immediately. It is also important to have an attorney experienced with handling nursing home and patient lift injury cases to hold the facility accountable. If you or someone you love has suffered an injury from a patient lift or any abuse or neglect in a nursing home, then contact Attorney Kenneth LaBore locally at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com or fill out the form on this page. Disclaimer

Patient Lift Injuries are Preventable

Many falls and the serious injuries that can occur from mechanical patient lifts are preventable using the medical lift as outlined in the manual including the proper number of aides required for the transfer.

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UTI Complications Infections

Complications Can Be Serious

As a result of UTI complications many residents can require hospitalization and can die from blood poisoning known as sepsis.

Bladder and Urinary Infection Information

Urinary Tract Infection, UTI complications, Infectious Disease
Urinary Tract Infection, UTI complications, Infectious Disease

According to the Mayo Clinic in an article concerning urinary infections, UTI complications, the most common urinary infection occur mainly in women and affect the bladder and urethra. Urinary tract infections UTI are unfortunately common in nursing home and other elder care settings. UTIs can be very serious and if left untreated can result in sepsis leading to death. Infection of the bladder (cystitis) is usually caused by Escherichia coli (E. coli), a species of bacteria commonly found in the gastrointestinal tract. Sexual intercourse may lead to cystitis, but you don’t have to be sexually active to develop it. All women are susceptible to cystitis because of their anatomy — specifically, the close proximity of the urethra to the anus and the short distance from the urethral opening to the bladder. Infection of the urethra (urethritis) can occur when the gastrointestinal bacteria make the short trip from the anus to the urethra. In addition, because of the female urethra’s proximity to the vagina, sexually transmitted diseases (STDs), such as herpes simplex virus, gonorrhea and chlamydia, also are possible causes of urethritis. Often the use of a catheter without proper care can lead to a serious bladder or urinary infection. The infection can spread to the blood and cause the person to become septic. The Mayo Clinic defines sepsis as a potentially life-threatening complication of an infection. Sepsis occurs when chemicals released into the bloodstream to fight the infection trigger inflammation throughout the body. This inflammation can trigger a cascade of changes that can damage multiple organ systems, causing them to fail. If sepsis progresses to septic shock, blood pressure drops dramatically, which may lead to death. Anyone can develop sepsis, but it’s most common and most dangerous in elderly people or those with weakened immune systems. Early treatment of sepsis, usually with antibiotics and large amounts of intravenous fluids, improves chances for survival.

Male and Female Urinary Systems from Mayo Clinic

Female Urinary System Male Urinary System

Risk factors for Urinary Infection

Some people appear to be more likely than are others to develop urinary infections. Risk factors include:

• Being female. Half of all women will develop a urinary tract infection at some point during their lives, and many will experience more than one. A key reason is their anatomy. Women have a shorter urethra, which cuts down on the distance bacteria must travel to reach the bladder.

• Aging. After menopause, urinary tract infections may become more common because tissues of the vagina, urethra and the base of the bladder become thinner and more fragile due to loss of estrogen.

• Kidney stones or any other urinary obstruction.

• Diabetes and other chronic illnesses that may impair the immune system.

• Prolonged use of tubes (catheters) in the bladder.

Recommendations for Prevention of Urinary Infection

These steps may reduce your risk of urinary tract infections:

• Drink plenty of liquids, especially water. Cranberry juice may have infection-fighting properties. However, don’t drink cranberry juice if you’re taking the blood-thinning medication warfarin. Possible interactions between cranberry juice and warfarin may lead to bleeding.

• Wipe from front to back. Doing so after urinating and after a bowel movement helps prevent bacteria in the anal region from spreading to the vagina and urethra.

• Avoid potentially irritating feminine products. Using deodorant sprays or other feminine products, such as douches and powders, in the genital area can irritate the urethra.

PHIL Image 15234
Bacteria Infection Culture
Federal Regulations Concerning Urinary Infection

Freedom from abuse, neglect and exploltation Urinary Incontinence. Based on the resident’s comprehensive assessment, the facility must ensure that—

(1) A resident who enters the facility without an indwelling catheter is not catheterized unless the resident’s clinical condition demonstrates that cathertization was necessary; and

(2) A resident who is incontinent of bladder receives appropriate treatment and services to prevent urinary tract infections and to restore as much normal bladder function as possible.

If you or a loved one has suffered an injury from bladder or urinary infection or other neglect or abuse in a nursing home or other care facility that serves the elderly in Minnesota, Kenneth LaBore provides 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 call him at his direct toll free number 1-888-452-6589. 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.

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Wandering and Elopement

Lack of Supervision Resident Wandering and Elopement
Lack of Supervision Resident Wandering and Elopement

Nursing Homes Have a Duty to Prevent Residents from Wandering and Elopement

Many residents of nursing homes are suffering from a disability that affects their mental capacity, such as Alzheimer’s disease, dementia and delirium. Nursing homes need to have sufficient numbers of adequately trained staff to supervise, monitor and assess the residents to ensure they remain safe and are not at risk for wandering and elopement. Generally the terms “wander” and “elopement” are used when a resident leaves a part of the facility or the building itself without notifying staff. Senior nursing home residents that wander can get into dangerous situations such as traffic or encountering adverse weather conditions, such as extreme cold, leading to injuries ranging from frost bite to hypothermia and death. Often a senior that leaves the facility can be gone hours before anyone may even notice they are missing from the nursing home. Residents can become disorientated and are often unable find their back to the facility or seek assistance on their own. Before the development of electronic monitoring devices, such as tag alarms nursing home residents would have more restrictions in their activities to allow for supervision. It is important that the nursing home have enough well trained staff and the necessary monitoring equipment to allow the resident as much freedom as possible, without putting them at risk for injuries related to wandering and elopement. Generally elopement is used to describe a resident that actually leaves the facility without being observed. Often times a resident that wanders or elopes has orders from their doctor to be supervised and may even be required to wear electronic monitoring. Nursing homes may have insufficient staff to adequately monitor the residents allowing a person to exit the building unnoticed. The facility may have also failed to implement or respond to alarms and monitors designed to alert the staff when a resident leaves a designated area.

Residents Need Supervision to Prevent Wandering and Elopement.

According to federal regulation 42 CFR §483.25 (h), accidents. The facility must ensure that—

(1) The resident environment remains as free of accident hazards as is possible; and

(2) Each resident receives adequate supervision and assistance devices to prevent accidents. (this includes risks from wandering and elopement)

How can a Nursing Home Reduce the risk of Wandering and Elopement

• Use of tag alarm that clips on the shirt of resident and alerts when they get up from bed or a chair. • Use a electronic “wander guard bracelet” or “life alert system” to alert when the resident leaves the floor of the nursing home. • Make sure that there is adequate staffing levels in the nursing home, sufficient to attend to the needs of the residents. • Properly monitor the residents who are ambulatory and suffer from cognitive deficits.

Wandering and elopement occurs when a resident with compromised cognitive ability is able to depart the building or walk around unsupervised and undetected. All patients have the right to go where they have been determined to require supervision and monitoring to be kept safe. If wandering and elopement occurs, it is often because of the lack of care provided by the nursing home staff. It is the responsibility of the nursing home staff to ensure that all patients are accounted for and kept free from accident. If someone you love has been permitted to elope or wander and has suffered the consequences, then it is important you contact an experienced lawyer familiar with law pertaining to cases against nursing home facilities. After an incident is important to hold the facility accountable to ensure that the nursing home learns from the incident and implements necessary policies and procedures to keep their residents safe from accidents and injuries related to wandering or elopement. For a free consultation with Nursing Home Elder Abuse and Neglect Attorney Kenneth L. LaBore call 612-743-9048 or call him toll free at 1-888-452-6589 or send an email to: 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

Residents if Allowed Will Wander and Elope – Lack of Supervision

To discuss your concerns about a resident concerning any form of elder abuse including fall injuries, mechanical patient lift falls, sexual abuse or other issues call Ken at 612-743-9048.

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Elder Physical Abuse

Physical Abuse to Nursing Home Residents or Vulnerable Adults
Physical Abuse to Nursing Home Residents or Vulnerable Adults

Physical Abuse in Nursing Homes by Staff and Fellow Residents is a Real Problem

Nursing home physical abuse happens more often than anyone wants to admit. This is often because the nursing home staff is not properly checked during the hiring process. Many nursing home residents who are victims of nursing home physical abuse will hide this abuse from others. They may feel ashamed or feel like it is their fault. Nursing home abuse can be hard to identify the signs of nursing home abuse and neglect. They may believe that they deserve the treatment or that there is nothing they can do about it. They might think staying silent is the best way to make the abuse stop or they may not even realize that their mistreatment is considered abuse. It is important that if you, or someone you love, is showing signs of physical abuse, that you consult a nursing home abuse lawyer immediately.

Nursing Homes Have a Duty to Reduce or Prevent Physical Abuse

All patients have the right to be free of all forms of abuse, including: violation of Minnesota Nursing Home Bills of Rights physical, sexually and verbal abuse. However, what goes on behind closed doors will often include all forms of abuse. Physical abuse comes in many forms including:

  • Seclusion/ Restriction of visitors/ Restriction of access to facilities and to go outdoors
  • Over medication
  • Physical harm from rough handling or hitting
  • Unnecessary use of restraints
  • Lack of proper care
  • Resident Supervision

If you suspect any form of physical abuse is occurring in a nursing home, it is important to take a stand and contact a nursing home abuse lawyer. The welfare of all residents should not be compromised by physical abuse and there are laws in place to protect residents and keep them safe. Physical Abuse Symptoms and Complications One of the most How to identify elder abuse and neglect of physical abuse is in a nursing home is bed sores or pressure sores on the body. However, this is not the only sign of physical abuse, additional signs can include:

In some instances, a resident may not display any signs of physical abuse. However, it is important to always be on the lookout for these signs and to speak with your loved one about the treatment he/she is receiving. Any type of abuse in a nursing home environment is wrong and a crime. 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.

Psychological and Physical Abuse of Nursing Home Residents

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 Physical Abuse and Neglect of Nursing Home Residents

According to Freedom from abuse, neglect and exploltation, 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 Minnesota Nursing Home Bills of Rights, 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.

Definitions of Physical Abuse and Neglect

Nursing Home Abuse

Nursing Home Neglect

Reporting Nursing Home Abuse and Neglect

Nursing Home Resident Rights

If You Suspect Physical Abuse Contact Attorney Kenneth LaBore

If you or a loved one has suffered an injury from physical abuse or neglect in a nursing home or other care facility that serves the elderly in Minnesota, Kenneth LaBore provides 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. 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
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Suspected Elder Abuse and Neglect

Elder Abuse and Neglect Neglect
Help Prevent Elder Abuse and Neglect

How to Reduce Chances of Nursing Home Abuse and Neglect?

Regardless of how many reviews you have read, how much research you have done and how much you have paid to have your loved one put in the best nursing home in the state, there is always the chance that he/she is a victim of nursing home abuse and neglect. Due to the rise in the aging population there are a lot of understaffed and under-qualified nursing homes and nurses. Often the people who suffer from this are the elderly. If you suspect that your loved one is being treated poorly, then it is important that you report the alleged abuse as well as speak to a qualified nursing home elder abuse and neglect attorney who can explain your rights and provide additional resources.

Signs of Abuse and Neglect

There are a number of signs to How to Identify Elder Abuse and Neglect for when it comes to nursing home abuse or neglect including:

Suspicions of Nursing Home Abuse and Neglect

If you have suspicions that your loved one is the victim of abuse and neglect or being treated poorly, then see if they want to talk about it. Reassure them that it is okay and that you can help them. Call Attorney Kenneth L. LaBore for a free consultation he handled hundreds of nursing home abuse and neglect and wrongful death cases and is willing to discuss your concerns free of charge. It is our goal to hold negligent caregivers accountable.

Definitions of Nursing Home Elder Abuse and Neglect

The Definition of Nursing Home Abuse

The Definition of Nursing Home Neglect

Information About Nursing Home Resident Rights

Nursing home residents have the right to adequate care at a minimum meeting their basic physical and psychological needs. If you or someone you love has suffered any abuse or neglect in a nursing home, then contact Kenneth LaBore locally at 612-743-9048 or call his direct toll free number 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com or fill out the form on this page. Disclaimer

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Dehydration of Nursing Home Residents

Nursing Homes Have a Legal Duty to Prevent Dehydration and Notice Dehydration Signs

Dehydration occurs when a nursing home resident loses more water than they take in. The human body requires an adequate amount of fluid to function properly; for example, to regulate body temperature through perspiration, maintain blood pressure, and eliminate bodily waste. A nursing home has a duty to ensure proper hydration and to notice dehydration signs. If severe enough, dehydration can lead to confusion, weakness, urinary tract infections, pneumonia, bedsores in bed-ridden patients, or even death. In general, a human can survive for only about four days without any fluids.

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Water and Adequate Hydration is Essential to Proper Care – Notice Dehydration Signs and Know Risk Factors

Dehydration Signs / Risk Factors

• Alzheimer’s, or other dementia • Cognitive Impairment • Major psychiatric disorders • Deficits in mobility • Stroke • Repeated infections, such as MRSA Spread of MRSA – Infectious Disease C-Diff., VRE • Diabetes • Malnutrition or inadequate nutrition • Urinary incontinence • Past history of dehydration • Multiple chronic conditions • Use of medications such as: diuretics, antidepressants, psychotropics, or anti-anxiety medications, laxatives, or steroids • Acute situations: vomiting, diarrhea and/or fevers

Dehydration Signs are more prevalent in the nursing home population is more frequent for a number of reasons:

• some medications, such as for high blood pressure or anti-depressants, are diuretics and cause a person to release fluids;

• other medications may cause patients to sweat more; a person’s sense of thirst becomes less acute as they age; frail seniors have a harder time getting up to get a drink when they’re thirsty;

• the resident is reliant on caregivers who can’t sense that they need fluids;

• Kidney function diminishes with age and are less able to conserve fluids;

• The Flu, Colds, and other Illnesses, especially one that causes vomiting and/or diarrhea, also can cause elderly dehydration.

Nursing Home Residents Also Suffer from Dehydration Signs Due to Neglect

• Failure of the nursing home to facility to provide adequate numbers staff, which results in the staff’s inability to spend the time to properly feed the residents;

• Failure of the staff members to pay adequate attention to those residents needing assistance with eating;

• Failure to properly educate the staff on nutrition and feeding methods;

• Failure to provide proper supervision over those who provide nutritional services

Nursing Homes Have an Absolute Duty to Ensure that Residents are Properly Hydrated

Federal Law establishes that nursing homes that take Medicare residents provide each resident with sufficient fluid intake to maintain proper hydration and health. According to (42 CFR § 483.25 (j)):

Hydration. The facility must provide each resident with sufficient fluid intake to maintain proper hydration and health.

How to Identify Dehydration Signs

In addition to monitoring resident’s intake of fluid, staff should be on the conducting regular assessments of the resident looking for the following signs of dehydration:

• Dark yellow urine • Failure to drink fluids provided with meals • Failure to drink water provided in pictures for resident in room • Bleeding gums • Sunken eyes • Ashen skin • Dry skin • Urinary tract infectionBedsores/Pressure Ulcers

Weight loss Dehydration

Dehydration should be managed through an individualized daily plan to promote adequate hydration based upon identifying the risk factors which include at least the following:

• Alzheimer’s, or other dementia • Major psychiatric disorders • Depression • Stroke • Repeated infections • Diabetes • Malnutrition • Urinary incontinence • History of dehydration • Multiple chronic conditions • Use of diuretics, antidepressants, psychotropics, or anti-anxiety medications, laxatives, or steroids • Acute illnesses which causes vomiting, fever or diarrhea.

In general “mild dehydration” is defined as a loss of 2% of your body weight. Even mild dehydration can cause cognitive deficits often leading to other issues, including cardiac or renal problems. When a person loses 4% or more of their body weight from dehydration it is considered to “severe dehydration” which places stress on the heart, which is attempting to pump with less fluid. Weighing residents in nursing homes at risk for dehydration daily would help identify loss of weight related to dehydration or malnutrition. 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 from dehyration in a nursing home or other care facility that serves the elderly in Minnesota, Kenneth LaBore provides 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. 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
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Infectious Disease in Nursing Homes

Nursing Homes Have a Legal Duty to Reduce Exposure to Infectious Diseases such as C-Diff, MRSA, and Staph

Nursing homes have to take reasonable measures to prevent residents from acquiring infectious diseases such as Staph, C Diff, MRSA, VRE, CRE and others from other residents and the nursing staff. Although infectious disease is commonly found present in hospitals, nursing homes and other elder care facilities, the potential adverse effects from exposure to infectious diseases is often over looked risks for elders. Seniors and persons with compromised immune systems are susceptible to pathogens from other residents who share sources of air, food, water, and health care in a often crowded facilities. The traffic of family, residents, care givers, supplier and support staff are also a source for infection.

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Infectious Disease is a Preventable Type of Elder Abuse

Common Infectious Diseases Present in Nursing Homes

C-DiffClostridium difficile Infection – people getting medical care can catch serious infections called healthcare-associated infections (HAIs). While most types of HAIs are declining, one – caused by the germ C. difficile – remains at historically high levels. C. difficile causes diarrhea linked to 14,000 American deaths each year. Those most at risk are people, especially older adults, who take antibiotics and also get medical care. MRSA – Methicillin-resistant Staphylococcus aureus (MRSA) in both healthcare and community settings continues to be a high priority for the CDC. VRE – Vancomycin-resistant Enterococci are specific types of antimicrobial-resistant bacteria that are resistant to vancomycin, the drug often used to treat infections caused by enterococci. CRE – Carbapenem-resistant Enterobacteriaceae, are a family of germs that are difficult to treat because they have high levels of resistance to antibiotics. Staph – Staphylococcus aureus is a common bacterium found on the skin and in the noses of up to 25% of healthy people and animals. Staphylococcus aureus is important because it has the ability to make seven different toxins that are frequently responsible for food poisoning. If you or a loved one has suffered an injury from Staph, C Diff, MRSA, VRE, CRE or any other infectious disease or other neglect or abuse in a nursing home or other care facility that serves the elderly in Minnesota please contact Attorney Kenneth L. LaBore, directly please send an email to KLaBore@MNnursinghomeneglect.com, or call Ken at 612-743-9048 or call him at his direct toll free number 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
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Fracture and Falls in Nursing Home

Fall Injury in Nursing Home is Usually Preventable with Proper Care and Supervision

Nursing Home Fall Injury and Fracture Injuries call Attorney Kenneth LaBore
Nursing Home Fall Injury and Fracture Injuries call Attorney Kenneth LaBore

According to an article produced by the American Academy of Orthopaedic Surgeons, The absolute goal is to prevent a fall injury. The cost of fall injuries among older people is enormous because of the high death toll, disabling conditions and recovery in hospitals and rehabilitation institutions. The United States spends more than $20 billion annually for the treatment of injuries to older people after falls. The majority of the cost is for hip fracture care, which averaged $37,000 per patient in 2006. The Center for Disease Control and Prevention (CDC) estimates that by the year 2020, the annual direct and indirect cost of fall injuries is expected to reach $54.9 billion (in 2007 dollars). Thirty percent of people over the age of 65 will fall each year. In 2006, about 1.8 million people 65 and older were treated in emergency departments for nonfatal injuries from falls, and more than 433,000 of these patients were hospitalized. Ninety percent of the 380,000 hip fractures treated annually in the United States occur as a result of a fall. In 2006, there were more than 380,000 hip fractures, or about 1,050 hip fractures a day. Approximately 25% of hip fracture patients will make a full recovery; 40% will require nursing home admission; 50% will be dependent upon a cane or a walker; and 20% will die in one year. The National Osteoporosis Foundation reports that a total of 15,802 persons aged 65 years and older died as a result of injuries from falls in 2005. Unlike many types of accidents, falls are often preventable with adequate and trained staff providing proper care and monitoring. Even if the actual fall event is an accident many facilities fail to take the necessary required steps to protect the interests of the vulnerable adult, by not adequately responding to the fall event. After a fall the individual needs to be closely monitored and assessed by qualified nursing or home staff. Often the nursing home does not insure that the resident is assessed by a RN or medical doctor, rather they rely on the LPN and nursing assistant staff to look for changes in the condition of the resident that could signal a problem related to the fall, the most common of which is a subdural hematoma, leading to brain swelling, and often death. Frequently falls result in the breaking of a bone, many times at the level of a joint such as in the hip or knee. The injury may result in the resident becoming bedridden or confined to a wheelchair for rehabilitative care. The loss in ambulation can then lead to many other risk factors such as bed sores from the pressure of laying on the same area for extended periods of time, and loss of muscle strength, leading to additional falls. Fall injuries can also lead to death months after the incident from complications such as pneuomonia.

Nursing Home Fall Injury Prevention

Avoiding falls and result a fall injury is very important and should be one of the primary focuses in the nursing home. To protect the residents the nursing home should be frequently monitoring the resident to determine the risks for falling and taking interventions to reduce the change of a fall incident. The effectiveness of the interventions should be evaluated to ensure the effectiveness of safety interventions and if they need to be modified. This is particulary important if there is any sudden change in a resident’s ability to function physically and changes with the cognitive or behavior status of the resident. These changes could be due to an underlying medical condition which needs to be addressed, or problems with medication or numerous other issues. Assessments needed to be performed by a qualified RN nurse, not lower level nursing staff, who should instead be making observations, and reporting their finding to those qualified to inact appropriate safety measures.

Fall Injury and Fracture Trauma Complications

Many people are surprised to hear the truth behind nursing home falls. More than 100 nursing home residents die in Minnesota every year due to a traumatic fall injury. Furthermore, hospital bills to treat patients who succumb to a fall totaled more than $1.1 billion in Minnesota between 1998 and 2005. The worst part about these numbers that, in many instances, the falls and trauma endured could be easlily avoided with proper care and support. Falls can result in the following injuries and outcomes:

Federal Regulations Require Nursing Homes to Take Reasonable Measures to Prevent Fall Injury

A nursing home must ensure that the resident receives adequate supervision and assistive devices to prevent accidents. According to 42 CFR §483.25 (h): (h) Accidents. The facility must ensure that—

(1) The resident environment remains as free of accident hazards as is possible; and

(2) Each resident receives adequate supervision and assistance devices to prevent accidents.

Questions regarding Fall Injury Accidents
  • Request the Nursing Home Fall Prevention Policy
  • Has a fall risk assessment been performed?
  • Was the resident considered at risk for falling?
  • Had the resident fallen in the past? How many times? When was the last fall?
  • Was there one-to one monitoring after the fall(s)?
  • What was the delay between time of fall and when the resident received medical attention?
  • When were the family and resident’s doctor notified of the fall?
  • Were vitals and post incident assessments performed?
  • What fall precautions were in place before the fall?
  • Bedrails, bed alarm, floor mats, lowered bed?
  • Were there any post fall assessments made to protect resident’s safety?
  • Were there other risks for fall such as dementia or reactions from medications, or blood glucose levels, as well as anticoagulants?

Although many residents are in nursing homes due to their need for 24/7 care and supervision many falls and other preventable traumatic injuries occur due to inadequate oversight, including:

  • Residents are left unattended on the toilet or in the bathroom;
  • Residents are improperly transferred from one position to another, such as from bed to wheelchair;
  • Nursing home does not provide proper equipment to reduce risks of falls, including crash mats, low beds and alarm systems;
  • Nursing home environmental hazards such as slippery floors; and
  • Lack of safety devices or inadequate safety devices

For more information see: Nursing Home Fall Injuries

Minnesota Fall Injury Attorney Kenneth LaBore

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. Kenneth L. LaBore is an attorney who has handled hundreds of elder abuse and neglect cases and is experienced with the federal and state regulations and industry standards of care created to reduce the likelihood of injuries to nursing home residents from falls and other preventable accidents. If you or a loved one has suffered an injury 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 or fill out the form on this page to discuss your case. 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
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TFF Care Fails to Timely Respond to Fracture Injuries

MDH Cites Facility After Fall with Fractures

Spring Brook Village of LaCrescent, Fall with Fractured Ribs and Vertebrae
Spring Brook Village of LaCrescent, Fall with Fractured Ribs and Vertebrae

In a report from the Minnesota Department of Health it is alleged that a client at TFF Care Copperfield Hill, The Lodge was neglected when the alleged perpetrator (AP) failed to answer the client’s call pendant after the client had fallen. The client laid on the floor for more than six hours and required hospitalization for a broken arm.

Failure Respond to Client with Broken Arm at TFF Care

Neglect was substantiated. The alleged perpetrator (AP) was responsible for the maltreatment. The client fell in her room and then activated her pendant to call for help before 2:00 a.m. The AP never answered the call pendant. Facility staff did not find the client until after 8:00 a.m. The client required hospitalization and sustained a right arm fracture due to the fall.

A review of the facility’s payroll information indicated the AP started her shift at 10:12 p.m. the night before the incident and ended her shift the next morning (the day after the incident) at 6:45 a.m.

TFF Care Resident Wanders from Facility

In a report from the Minnesota Department of Health the facility Copperfield Hill – the Lodge was cited with neglect after a resident wandered from the facility.

For a Free Consultation with an experienced elder abuse and neglect attorney call Kenneth LaBore at 612-743-9048.

A common form of neglect in elder care facilities involves medication management and administration. Most forms of elder abuse are preventable with proper care and supervision.

Report Suspected Elder Abuse

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 care provided to a resident in a nursing home, assisted living or any other type of elder care provider contact Attorney Kenneth LaBore for a Free Consultation to discuss your legal rights and options.

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Hometown Senior Living Resident Suffers Fractured Hip

MDH Cites Hometown Senior Living after Resident Falls with Fracture

Fall at Hometown Senior Living Leads to Fractured Hip
Fall at Hometown Senior Living Leads to Fractured Hip

In a report from the Minnesota Department of Health it is alleged that a client at Hometown Senior Living the alleged perpetrator (AP) neglected the client, when the AP failed to assess the client after a fall and neglected to contact the on-call staff per policy. The client had a fractured hip.

Failure to Supervise Leads to Broken Hip

Neglect was substantiated. The facility was responsible for the maltreatment. The facility did not directly make available a registered nurse to assess the client’s care and services needed after a fall. The facility implemented a policy that directed unlicensed personnel to contact an on-call manager (who was also unlicensed) for all after hour incident, the unlicensed staff called the on-call manager, who did not contact a nurse. The client laid awake all night with pain, and a nurse did not assess the client until 8 hours later.

The client moved into the facility due to diagnoses that included dementia. The client received services that included assistance with bathing, grooming, dressing, toileting, eating, transfers, wellness checks, and orientation due to moderate confusion. The client had difficulty answering questions, communicating discomfort, and intermittent confusion.

For a Free Consultation with an experienced elder abuse and neglect attorney call Kenneth LaBore at 612-743-9048.

A common form of neglect in elder care facilities involves fall injuries and fractures. Most forms of elder abuse are preventable with proper care and supervision.

Report Suspected Elder Abuse

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 care provided to a resident in a nursing home, assisted living or any other type of elder care provider contact Attorney Kenneth LaBore for a Free Consultation to discuss your legal rights and options.

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Fall Injury at Brookdale North Oaks

MDH Cites Brookdale North Oaks

Fractures - Fractured Shoulder - Resident a Brookdale North Oaks
Fractures – Fractured Shoulder – Resident a Brookdale North Oaks

In a report from the Minnesota Department of Health it is alleged that a client at Brookdale North Oaks was not adequately supervised and fell and was hospitalized with fractured shoulder.

Failure to supervise leads to a fractured shoulder of resident

Neglect was substantiated. The facility neglected to make available a registered nurse for consultation to staff performing delegated nursing tasks when the client injured her shoulder and was in pain. Staff were directed to contact the executive director of the license. The client’s treatment was delayed for approximately four days and the client was diagnosed with a dislocated shoulder that required hospitalization. It could not be determined when or how the client fell.

The nurse did not assess the client, but called the administrator with direction to fax the doctor’s order to an x-ray company to come to the facility to x-ray the client’s shoulder. The administrator sent the fax, but did not communicate the order to anyone else, as the facility did not have a nurse on the staff at the time.

The administrator was away from the facility for two days, and when she returned learned that the client did not get an x-ray. The administrator called the x-ray company who came to the facility the same day to x-ray the client’s shoulder. The x-ray revealed that the client had a dislocated shoulder, and the doctor ordered her to the hospital for treatment.

For a Free Consultation with an experienced elder abuse and neglect attorney call Kenneth LaBore at 612-743-9048.

A common form of neglect in elder care facilities involves medication management and administration or injuries from fall and fractures. Most forms of elder abuse are preventable with proper care and supervision.

Report Suspected Elder Abuse

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 care provided to a resident in a nursing home, assisted living or any other type of elder care provider contact Attorney Kenneth LaBore for a Free Consultation to discuss your legal rights and options.

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Lino Lakes Assisted Living Exploitation and Fall Injuries Substantiated

In a recent MDH report there was substantiated neglect found against Lino Lakes Assisted Living when a resident suffered rib fractures. The facility neglected a client when staff failed to assist the client with toileting, and the client fell resulting in rib fractures. The facility also neglected to provide the client with adequate pain control.

Most recent MDH Substantiated Neglect Findings – Lino Lakes AL

Lino Lakes Assisted Living Cited by MDH After Resident Suffers Broken Ribs During Transfer
Lino Lakes Assisted Living Cited by MDH After Resident Suffers Broken Ribs During Transfer

Lino Lakes Assisted Living Cited With Neglect by MDH After Resident Suffers Fall Injuries During Transfer

In a report concluded on May 12, 2015, the Minnesota Department of Health cites Lino Lakes Assisted Living with neglect alleging that a client was neglected when a staff member, alleged perpetrator (AP) failed to follow the client’s care plan when transferring the client, resulting in a fall and broken ribs.

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 improper use of medical equipment or fall injuries 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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Exploitation of Vulnerable Adults, Financial Exploitation
Exploitation of Vulnerable Adults, Financial Exploitation

Lino Lakes AL Complaint Findings for Exploitation

In a report concluded on July 2, 2012, the Minnesota Department of Health cites Lino Lakes Assisted Living for exploitation by staff.

The allegation is exploitation based on the following:  Client #1 and Client #2 were exploited by the alleged perpetrator (AP).  The AP admitted to taking two large amounts of money from Client #1’s Discover credit card and taking $900.00 from Client #2.

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 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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Green Pine Acres Failed to Provide Adquate Wound Care

Green Park Acres Failure to Provide Surgical Wound Care
Green Park Acres Failure to Provide Surgical Wound Care

MDH Cites Green Pine Acres After Issue with Wound Care

In a report from the Minnesota Department of Health it is alleged that a client at Green Pine Acres failed to thoroughly investigate contributing factors related to the saturation and subsequent decline of the surgical wound for a resident, which resulted in macerated skin, wound dehiscence, and required surgical intervention.

Failure to Provide Proper Wound Care Results in Partial Amputation of Leg

Neglect was substantiated. The facility was responsible for the maltreatment. Upon arrival to the physician’s office, the resident’s foot dressings were saturated, which resulted in macerated skin (oversaturation of the skin due to a prolonged exposure to moisture) and wound dehiscence (wound rupture along the surgical incision) of the right foot. The resident required additional surgical intervention with partial leg amputation.

For a Free Consultation with an experienced elder abuse and neglect attorney call Kenneth LaBore at 612-743-9048.

A common form of neglect in elder care facilities involves a failure to provide proper care to the vulnerable adults who rely on the facility and their staff. A failure to train staff and then to ensure proper wound care is provided the cause of many infections and other serious complications, including as in this case, amputation. Most forms of elder abuse are preventable with proper care and supervision.

Report Suspected Elder Abuse

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 care provided to a resident in a nursing home, assisted living or any other type of elder care provider contact Attorney Kenneth LaBore for a Free Consultation to discuss your legal rights and options.

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