Fire and Explosion Oxygen Burn Injury
Stop Oxygen Burn Injury
One of the most horrific types of injuries I have seen in my career as a nursing home neglect and abuse attorney is that of oxygen burn injury with elderly residents who continue to smoke. As a general rule, most nursing home residents have the rights to continue to smoke even if against the doctor’s orders or counter to nursing home recommendations. I have seen several cases where someone who was on oxygen was smoking and a fire with resulted with serious burn injury and/or death of the resident.
Pain and Suffering is Now Allowed for Death Cases
Prior to May 2023 even the most serious burn injuries which eventually lead to death were not eligible for pain and suffering damages under the Minnesota wrongful death statute, Minn. 573.02. Thankfully, the law was changed to now allow ‘all damages’ including pain and suffering of the deceased and claims for some injuries which occurred prior to death but are not the cause of the death.
This type of accident is preventable through proper supervision and care from the nursing home staff. Most nursing home staff are the aware of the residents that smoke cigarettes and they should be given particular close supervision when they are also using oxygen. The need for supervision increases even further if the resident has a history of poor judgment or is unable due to cognitive changes such as Alzheimer’s and Dementia to perceive risks and dangers.
Of course there should be not an oxygen tank on the wheelchair or attached to the resident when they smoke. Many facilities have a safety protocol where the lighter and cigarettes are held for high-risk smokers and they must sign them out and have someone check to see they are not attached or adjacent to any oxygen tanks or other fire hazards when they do smoke. Not all fires are from oxygen, many are from mattress, drapery and other fires.
Facilities Must Comply with Federal Regulations
To participate in the Medicare and Medicaid programs, nursing homes must be in compliance with the federal requirements for long term care facilities as prescribed in the U.S. Code of Federal Regulations (42 CFR Part 483).
Under the regulations, the nursing home must have Physician Services (42 CFR § 483.30) a nursing home must conduct an initial comprehensive and accurate assessment of each resident’s functional capacity. Resident Assessment (42 CFR § 483.20). The facility must further develop a comprehensive care plan for each resident that includes measurable objectives and timetables to meet a resident’s medical, nursing, and mental and psychosocial needs that are identified in the comprehensive assessment. (42 CFR § 483.20 (k)) and Minnesota Rule 4658.0405, Subp. 1. As this pertains to burn injuries and fire hazards, each resident’s risk to hazards including, smoking, fire, oxygen, etc. must be assessed and a comprehensive care plan made to protect the resident from that risk.
Federal Law requires that a nursing home take measures to reduce all risks for accidents including, fire risks from smoking, etc. 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. (42 CFR § 483.25 (h))
We Know How to Investigate Burn Cases
Nursing Home Neglect and Burn Injury Attorney Kenneth L. LaBore knows that burn injuries are one of the most painful types of injury a person can suffer. There are many causes for burns such as gas, electrical, chemical, flash, hot water and steam; each one causing a different type of injury.
Our focused goal is to hold the negligent party accountable, when possible, to also ensure others are never injured in the same way and to maximize the recovery for our clients after suffering serious burn injuries. It is important that you have attorneys that understand the medical, legal and scientific issues associated with handling serious burn injury and scarring cases. We are dedicated to ensuring that a burn survivor receives the medical treatment and rehabilitative care they need and the compensation they deserve.
Discuss Your Case with an Experienced Attorney
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.
