Archive for the ‘Caregivers Resources’ Category


Spectrum Community Health Neglect After Fall and Exploitation Substantiated

Written By: Kenneth LaBore | Published On: 2nd February 2019 | Category: Fall Injuries, Financial Exploitation, Inadequate Staffing/Training, Nursing Home Care Issues | RSS Feed

Recent MDH Substantiated Neglect at Spectrum Community Health for medication theft.

 

Financial Exploitation by Staff

Neglect Fall When Unsupervised in Bathrrom and Financial Exploitation by Staff at Spectrum Community Health Invergrove Heights Minnesota

Spectrum Community Health Complaint for Neglect Resulting in Femur Fracture

In a report dated November 20, 2015, the Minnesota Department of Health alleged that a client was neglected when s/he was unsupervised while in the bathroom and suffered and fall resulting in a femur fracture.

Based on a preponderance of evidence, neglect occurred when the client’s care plan was not followed, the client was left unattended in the bathroom and fell and sustained a fracture of the right hip.

The client received services from the facility that included physical assistance with toileting, safety checks, and medication management.  The client’s service plan indicated to staff when to provide toileting assistance to the client and included that staff were to stay with the client while in the bathroom.

The day the client fell, the client had attended an activity and was walked back to his/her room by Employee A.  Employee A left the resident on the toilet and told Employee B to check on him/her.  The client attempted to self transfer and fell suffering a fracture injury to the right hip.

The client’s family was interviewed and stated that when the client was admitted to the facility, administrative staff ensured that the client’s serplan would indicate that the client would be supervised in the bathroom.  The client’s family stated that they were called when the resident had a fall and were told that the client was left alone in the bathroom.

Spectrum Community Health Inver Grove Heights Complaint Findings for Exploitation

In a report concluded on September 9, 2013, the Minnesota Department of Health cites Spectrum Community Health Inver Grove Heights  for exploitation by staff.

It is alleged that financial exploitation occurred when a staff person, alleged perpetrator (AP) made purchases totaling $1154.13 with a client’s credit card without permission.

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 fall injuries, financial exploitation 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.

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Presbyterian Homes of Bloomington Neglect – Delay in Call Light Response

Written By: Kenneth LaBore | Published On: 2nd February 2019 | Category: Nursing Home Care Issues | RSS Feed

Recent MDH Finding of Neglect at Presbyterian Homes Bloomington for exploitation of staff.

Neglect of Health Care Call Light

Neglect of Health Care
Call Light at Presbyterian Homes of Bloomington Minnesota

Presbyterian Homes of Bloomington – Neglect – Failing to Respond to Call Light

In a report concluded on July 29, 2014, the Minnesota Department of Health cites Presbyterian Homes of Bloomington for neglect of health care – call light.

It is alleged that neglect occurred when a resident was not adequately monitored and her call light was not answered timely when resident was short of breath, anxious, and had been given a diuretic medication for a weight gain in two days.  The resident was later found unresponsive and not breathing and attempts to resuscitate her were not successful.

Presbyterian Homes of Bloomington – Not Responding to Call Light

Based on a preponderance of evidence, neglect of the resident is substantiated.  The facility failed to ensure the staff consistently monitored and documented the resident’s status.

According to Medscape.org, residents in long-term care attach importance to the response to their call lights.  A review of nursing home complaints submitted via the National Ombudsman Reporting System reveals that the number one complaint of long-term care residents is failure of staff to respond to call lights or requests by residents for assistance.

In long-term care, unanswered call lights can lead to inadequate care for residents as well as injuries from falls.  Chronic staffing shortages are often responsible for failure to respond to residents’ call lights. Falls may ensue when residents cannot get assistance for activities of daily living. Some geriatric patients hesitate to use call lights, not wishing to “bother” the staff, whereas others may be cognitively or physically unable to activate their nurse-call buttons. In long-term care facilities, call light usage is heavy at bedtime.

For those too weak or otherwise unable to press a standard call button, squeeze-bulb, touch-pad, or breath pressure-activated nurse-call controls are available. Nurse-call pendants (water-resistant pendants that can be attached to lanyards, belt-clips, or wrist bands) allow mobility for residents in long-term care facilities.

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 delay in response to a call light or any other form of elder abuse or neglect contact Elder Abuse and Neglect Attorney Kenneth LaBore toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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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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Faribault Senior Living Faribault – MDH Substantiated Neglect

Written By: Kenneth LaBore | Published On: 14th January 2019 | Category: Hoyer Lift, Patient Rights | RSS Feed
 Faribault Senior Living
Resident Suffers Fractured Hip after Fall at Faribault Senior Living (example of a hip fracture shown)

In a report from the Minnesota Department of Health a client from Faribault Senior Living (client #1) was neglected when facility staff failed to provide adequate supervision that resulted in another client (client #2) pushing client #1 resulting in a hip fracture.

Based on a preponderance of evidence, neglect is substantiated. The home care provider was aware of client #2’s increase in aggressive behaviors and inappropriately entering the rooms of other clients, but did not implement new or effective interventions to keep other clients safe. The home care provider failed to reassess client #2’s susceptibility to abuse another client and not implement interventions to prevent further occurrences. In addition, the home care provider failed to reassess client #1’s susceptibility to abuse by another individual, including vulnerable adults, and did not identify specific measures to minimize the risk of abuse to that person.

Patient and Resident Rights Elder Care Facilities

Patient and Resident Rights Elder Care Facilities, Faribault Senior Living Faribault

Faribault Senior Living Faribault Complaint Findings for Patient Rights

In a report concluded on May 14, 2013, the Minnesota Department of Health cites Faribault Senior Living Faribault for patient rights.

It is alleged that the agency did not follow state statutes/rules when staff routinely until utilized an EZ stand lift to transfer a client although she was unable to follow instructions and keep her legs straight.

Substantiated Complaint Faribault Senior Living Faribault Minnesota – Use of EZ Stand Lift

A violation is substantiated related to the licensee to ensure staff were competent to use the EZ stand patient lift.

During a time prior to the onsite investigation, staff transferred a client with the use of EZ stand.  During this transfer, the client became unresponsive.  Staff members hit the emergency stop button more than once and the life just stopped.  Staff did not know of any emergency lowering procedures for the EZ stand.  Staff could not recall how the client was assisted out of the EZ stand.  A family member witness interview indicated the client was lifted up out of the support straps by this family member and staff person.  Staff also indicated that, prior to the client suddenly becoming unresponsive; the client did not have any problems with bearing weight or holding the handles of the EZ stand.  After a short while, the client was assisted to a seated position.  The client was seen in the emergency department and diagnosed with a vasocagal response (a fainting or near fainting episode), with no identified specific cause for vasovagal response.  The client returned back to the facility that same day.

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, patient rights 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

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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Augustana Home Health Cited with Neglect

Written By: Kenneth LaBore | Published On: 10th December 2018 | Category: Medication Drug Error, Nursing Home Care Issues | RSS Feed
Neglect in Catheter Care at Augustana Home Health Services in Minneapolis
Neglect in Catheter Care at Augustana Home Health Services in Minneapolis

In a report from the Minnesota Department of Health it was alleged that a client was neglected at Augustana Home Health when facility staff failed to provide adequate catheter care that resulted in the client getting an infection that spread to the client’s blood.

For a Free Consultation with an Experienced Elder Neglect Attorney call Kenneth LaBore Toll Free at 1-888-452-6589

Medication Error at Augustana Home Health Services

In another report from the MDH it was alleged that a client was neglect by staff at Augustana Home Health when the alleged perpetrator (AP) changed the client’s Lantus schedule without a physician’s order. The change in schedule resulted in the client’s transfer by paramedics to the emergency department (ED).

Based on a preponderance of the evidence it was determined by MDH that neglect of health care is substantiated. The alleged perpetrator (AP) failed to obtain a physician’s order to change the administration schedule for the client’s long acting insulin medication (Lantus).

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 suspect medication errors or any other form of elder or vulnerable adult neglect or abuse contact the Minnesota Adult Abuse Reporting Center answered 24 hours a day, 7 days a week at 1-844-880-1574.

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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A-1 Reliable Cited After Resident Elopes

Written By: Kenneth LaBore | Published On: 6th July 2018 | Category: Lost Resident Wandering Elopement, Patient Rights | RSS Feed

Resident at A1-Reliable Elopes

The Minnesota Department of Health has concluded that based on a preponderance of evidence, the allegation that a client was neglected at A-1 Reliable Home Care in St. Paul when the alleged perpetrator (AP) left the client unattended resulting in the client’s elopement is not substantiated but it was determined that abuse is substantiated.

Confined Resident Elopes from A-1 Reliable Home Care

The MDH investigation determined that the facility had confined Client #1 and Client #2 by restricting their ability to come and go from the facility without supervision, without any legal standing to do so, and without any documented reason to do so.

If you have concerns about elder abuse and neglect contact Attorney Kenneth LaBore for a Free Consultation at 1-888-452-6589

Maltreatment After Elopement A-1 Reliable Home Care

There are many common of forms of elder abuse and neglect often the result of a lack of qualified well trained staff to supervise and provide the necessary resident cares.

Most forms of elder abuse and neglect are preventable. If you are concerned about someone you love call Attorney Kenneth LaBore for a free consultation.

There are many types of ways someone can get injured in a care facility if they are not be cared for properly. Elopement or wandering can lead to many hazards including the possibility of death from freezing, burns, assaults, falls and others.

Attorney Kenneth LaBore from Guardian Legal Services, LLC has been representing victims of abuse, neglect and other injuries for decades. Our focus is on getting accountability for serious acts of maltreatment, abuse and preventable neglect.

Report Abuse and Neglect

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 physical abuse, financial exploitation 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
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Federal Requirements for Long Term Care Facilities

Written By: Kenneth LaBore | Published On: 14th April 2018 | Category: Nursing Home Abuse and Neglect, Nursing Home Care Issues | RSS Feed

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
Admission, transfer and discharge rights.
§483.13
Resident behavior and facility practices.
§483.15
Quality of life.
§483.20
Resident assessment.
§483.25
Quality of care.
§483.30
Nursing services.
§483.35
Dietary services.
§483.40
Physician services.
§483.45
Specialized rehabilitative services.
§483.55
Dental services.
§483.60
Pharmacy services.
§483.65
Infection control.
§483.70
Physical environment.
§483.75
Administration.

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.

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

(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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Pine Ridge Residence Bagley Abuse to Client

Written By: Kenneth LaBore | Published On: 26th April 2017 | Category: Elder Physical Abuse, Patient Rights | RSS Feed

Pine Ridge Residence Bagley Abuse of Client by Staff Members Who Restrain Client in Bathroom

Pine Ridge Residence Bagley Abuse of Client by Staff Members Who Restrain Client in Bathroom

Pine Ridge Residence Bagley Abuse to Client

In a report from the Minnesota Department of Health, dated January 12, 2017, it was alleged that a client Pine Ridge Residence Bagley was abused when perpetrator #1, restrained the client in the bathrrom and propped a chair upder the dooe knob preventing the cleitn from getting out. It is also alleged, that a client was abused when alleged perpetrator #2, restrained the client in the bathroom by shutting the door and holding his/her foot against the door.

Pine Ridge Residence Bagley Substantiated Abuse

Based on the report, a preponderance of the evidence established that abuse occurred when the allged perpetrators (AP), AP #1 and AP #2, restricted the client from leaving the bathroom. The facility failed to assess and develop an individual plan for the client’s toileting needs resulting in staff confining the client to the bathroom for toileting.

The client had severe intellectual and developmental disabilities.  The client was ambulatory and non-verbal.  The client had a history of constipation issues and would go four to five days between bowel movements.

Staff members were interviewed.  When the client did not have a bowel movement, the staff would bring the client to the bathroom.  Staff instructed the client to stay seated on the toilet, but the client would continue to stand up or fling the bathroom door open with his/her hand.  Staff reported AP #1 placed a chair against the bathroom door on two occasions, while the client was supposed to be using the toilet.  On one occasion, AP #1 instructed another employee to place a chair against the bathroom door.  Over several months, AP #1 placed the chair outside the bathroom door multiple times when the client was inside the bathroom.  AP #2 would put a standing tray with some toys on it in front of the client when the client was seated on the toilet, close the bathroom door, then AP #2 would hold his/her foot against the door for about five to ten minutes.  This would restrict the client from leaving the bathroom.  The client’s comprehensive functional assessment did not address the client’s plan or needs for toileting.

AP #1 was interviewed and stated during morning cares s/he put the client in the bathroom and told the client to sit on the toilet.  The client did not want to sit, was getting up, and AP #1 instructed the client to sit back down on the toilet.  AP #1 stated the dining room chair was not propped up under the door knob, but was placed against the outside of the bathroom door.  AP #1 would sit on the chair with his/her back to the door.  The AP #1 stated that client was in the bathroom for five minutes and had voided on the toilet.  The AP stated there were other instances when s/he held her hand on the door knob or placed his/her body against the bathroom door hoping the client would have a bowel movement.  AP #1 stated this did prevent the client from leaving the bathroom.  The AP stated s/he never asked a staff person to place a dining room chair in front of the bathroom door with client inside.

AP #2 was interviewed and stated the client did not want to sit on the toilet to have a bowel movement.  AP #2 would place a standing tray with toys on it in front of the toilet in hopes the client would stay seated on the toilet.  AP #2 stated s/he put her foot against the door so the client would have privacy and would not leave the bathroom.  AP #2 stated the client gets upset if s/he stays in the bathroom with the client.  The AP stated the client was getting up off the toilet so s/he placed her foot against the door.

The client’s guardian stated it has been an ongoing issue with the client using the bathroom.  The guardian stated a chair in front of the bathroom door was not acceptable and did not want to the situation handled in that manner.

Pine Ridge Residence Bagley – Report 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 physical abuse, 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.

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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St Paul Nursing Home Abuse Lawyers

Written By: Kenneth LaBore | Published On: 6th February 2017 | Category: Nursing Home Abuse and Neglect, Nursing Home Care Issues, Sexual Abuse, Wrongful Death | RSS Feed

St Paul Nursing Home Abuse Lawyers Kenneth LaBore and Suzanne Scheller

St Paul Nursing Home Abuse Lawyers Kenneth LaBore and Suzanne Scheller

St Paul Nursing Home Abuse Lawyers

Attorneys Kenneth LaBore, Esq. and Suzanne Scheller, Esq. have separate firms but work together on many serious injury elder abuse and neglect and wrongful death cases splitting the contingent fee at no additional expense to the client.  Neither attorney is paid unless they win a verdict or get a settlement offered by  the wrongdoer.  Nursing home neglect and abuse cases are complicated claims and often involve allegations which require expert witness support and use of wrongful death statutes.   Mr. LaBore and Ms. Scheller only handle cases with very serious injury, assault or death.  They work hard to get accountability from facilities and to ensure as much as possible that policy and procedure and other changes including training are made to protect residents still in the facility.

We represent clients and their families throughout the state of Minnesota and will come to meet with you if you are unable to meet in one of our offices.

St Paul Nursing Home Abuse Lawyers – Providers

To find a nursing home provider in Minnesota you can check the Minnesota Department of Health website for information on licensure of potential facilities, finding a facility, including complaint history, state survey reportsresident bill of rights, Minnesota Nursing Home Report Card, CMS Medicare Five Star Rating system under Nursing Home Compare and more information related to nursing home and elder care providers.

To check for the updated list of providers in Minneapolis see Minnesota Department of Health Provider lookup.

For more information on selecting a nursing home see Choosing a Facility.

St Paul Nursing Home Abuse Lawyers – Facilities in St Paul

We can investigate and handle cases against these St Paul facilities as well as other in Ramsey County and throughout the state of Minnesota:

 Name: BETHEL CARE CENTER
Address: 420 MARSHALL AVENUE
ST PAUL,  MN  55102
Phone: 651-224-2368   Fax: 651-224-0140
Administrator: MS. KELLY ELLIS
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 141)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 141)

Name: CAPITOL VIEW TRANSITIONAL CARE
Address: 640 JACKSON STREET
ST PAUL,  MN  55101
Phone: 651-254-0400   Fax: 651-254-0422
Administrator: MS. MICHELLE MANGAN
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 32)
Federally Certified Beds: (Medicare Skilled Nursing Facility Beds = 32)

Name: CARONDELET VILLAGE CARE CENTER
Address: 525 FAIRVIEW AVENUE SOUTH
ST PAUL,  MN  55116
Phone: 651-695-5000   Fax: 651-695-5001
Administrator: MR. GAVIN MIDDLETON
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 45)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 45)

Name: CERENITY CARE CTR MARIAN
Address: 200 EARL STREET
ST PAUL,  MN  55106
Phone: 651-793-2100   Fax: 651-771-4509
Administrator: MS. MARTHA SWENSON
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 90)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 90)

Name: CERENITY CARE CTR ON HUMBOLDT
Address: 512 HUMBOLDT AVENUE
ST PAUL,  MN  55107
Phone: 651-227-8091   Fax: 651-220-1755
Administrator: MR. MICHAEL SYLTIE
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 117)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 117)

Name: CERENITY RES ON HUMBOLDT
Address: 514 HUMBOLDT AVENUE
ST PAUL,  MN  55107
Phone: 651-220-1700   Fax: 651-220-1724
Administrator: MR. MICHAEL SYLTIE
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 30)
Federally Certified Beds: (Medicare Skilled Nursing Facility Beds = 30)

Name: EPISCOPAL CHURCH HOME GARDENS
Address: 1860 UNIVERSITY AVENUE WEST
ST PAUL,  MN  55104
Phone: 651-272-4963   Fax: 651-272-4950
Administrator: MR. KEANAN FRANCO
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 60)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 60)

Name: EPISCOPAL CHURCH HOME OF MN
Address: 1879 FERONIA AVENUE
ST PAUL,  MN  55104
Phone: 651-209-8519   Fax: 651-288-5087
Administrator: MS. MELISSA SCHNEIDER
Minnesota Licensed Bed Capacity: (Boarding Care Home Beds = 50)   (Nursing Home Beds = 81)
Federally Certified Beds: (Medicaid Nursing Facility Beds = 50)   (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 81)

Name: GALTIER HEALTH CENTER
Address: 445 GALTIER AVENUE
ST PAUL,  MN  55103
Phone: 651-224-1848   Fax: 651-224-9613
Administrator: MR. THOMAS THOMPSON
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 107)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 107)

Name: GOLDEN LIVINGCENTER LYNNHURST
Address: 471 LYNNHURST AVENUE WEST
ST PAUL,  MN  55104
Phone: 651-645-6453   Fax: 651-659-0681
Administrator: MR. MICHAEL CARLSON
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 72)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 72)

Name: HIGHLAND CHATEAU HCC
Address: 2319 WEST SEVENTH STREET
ST PAUL,  MN  55116
Phone: 651-251-3083   Fax: 651-698-0378
Administrator: MS. HEATHER WELTER
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 64)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 64)

Name: LITTLE SISTERS OF THE POOR
Address: 330 SOUTH EXCHANGE STREET
ST PAUL,  MN  55102
Phone: 651-227-0336   Fax: 651-227-5484
Administrator: SISTER MARY ELIZABETH ANDERSON
Minnesota Licensed Bed Capacity: (Boarding Care Home Beds = 33)   (Nursing Home Beds = 40)
Federally Certified Beds: (Medicaid Nursing Facility Beds = 33)   (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 40)

Name: LYNGBLOMSTEN CARE CENTER
Address: 1415 ALMOND AVENUE
ST PAUL,  MN  55108
Phone: 651-646-2941   Fax: 651-646-8360
Administrator: MR. JEFF HEINECKE
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 237)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 237)

Name: NEW HARMONY CARE CENTER
Address: 135 GERANIUM AVENUE EAST
ST PAUL,  MN  55117
Phone: 651-488-6658   Fax: 651-488-7587
Administrator: MR. TRENTON CARLSON
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 76)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 76)

Name: SHIRLEY CHAPMAN SHOLOM HM EAST
Address: 740 KAY AVENUE
ST PAUL,  MN  55102
Phone: 651-328-2008   Fax: 651-328-2070
Administrator: MS. ANDREA KREBS
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 108)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 108)

Name: SOUTHVIEW ACRES HLTH CARE CTR
Address: 2000 OAKDALE AVENUE
WEST ST PAUL,  MN  55118
Phone: 651-554-9558   Fax: 651-451-9538
Administrator: MS. SHELLY WEISS
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 231)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 231)

Name: ST ANTHONY PARK HOME
Address: 2237 COMMONWEALTH AVENUE
ST PAUL,  MN  55108
Phone: 651-632-3503   Fax: 651-644-0792
Administrator: MR. JOHN BARKER
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 84)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 84)

Name: WALKER METH WESTWOOD RIDGE II
Address: 61 THOMPSON AVENUE W
WEST ST PAUL,  MN  55118
Phone: 651-259-2701   Fax: 651-259-2724
Administrator: MS. BRENDA SCHRUPP
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 37)
Federally Certified Beds: (Medicare Skilled Nursing Facility Beds = 37)

For more information about nursing home facility MDH Complaints see “facilities”.

For more information about nursing home nursing home Medicaid Survey findings see “survey findings”.

St Paul Nursing Home Abuse Lawyers – Report Suspected Abuse

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 physical or sexual abuse to the local police department and the Minnesota Department of Health Office of Health Facility Complaint, OHFC.  See the attached for more information about reporting elder abuse and neglect.

The Minnesota Department of Health MDH, Office of Health Facility Complaints, OHFC, protects the identity of the person making the complaint and the mistreated patient or resident. Serious questions of health or safety are investigated within two business days.

St Paul Nursing Home Abuse Lawyers Kenneth LaBore and Suzanne Scheller

If you have concerns about nursing home or assisted living elder abuse and neglect injuries and you are interested in a free consultation to discuss your case call Kenneth LaBore at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.  Mr. LaBore can also be reached at 1-888-452-6569.  If the elder neglect and abuse case is accepted you would have two lawyers fighting for accountability on your behalf.

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Survey Findings

Written By: Kenneth LaBore | Published On: 6th February 2017 | Category: Nursing Home Abuse and Neglect, Patient Rights | RSS Feed

Minnesota Nursing Home Survey Findings

Minnesota Nursing Home Survey Findings

Minnesota Nursing Home Survey Findings

According to the Minnesota Department of Health, Health Regulation Division, under a cooperative agreement with the Centers for Medicare and Medicaid (CMS), is responsible for ensuring that facilities accepting Medicare and Medicaid payment for services provided to program beneficiaries meet federal regulations and certification rules.

The surveys evaluate the quality of care and services provided, as well as the appropriateness of the facility’s building, equipment, staffing, policies, procedures and finances. They are a snapshot of the facility’s performance at the point in time when the survey is conducted.

For a recent list of providers and their most recent nursing home survey findings see the Minnesota Department of Health Surveys.

Survey Findings and Other Resources for Researching a Facility

To find a nursing home provider in Minnesota you can check the Minnesota Department of Health website for information on licensure of potential facilities, finding a facility, including complaint history, state survey reportsresident bill of rights, Minnesota Nursing Home Report Card, CMS Medicare Five Star Rating system under Nursing Home Compare and more information related to nursing home and elder care providers.

Call Attorney Kenneth LaBore to Discuss Nursing Home Survey Findings

If you have concerns about the results of state surveys or nursing home or assisted living elder abuse and neglect injuries and you are interested in a free consultation to discuss your case call Kenneth LaBore at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.  Mr. LaBore can also be reached at 1-888-452-6569.  There is no fee charged unless there is a verdict or settlement offered by wrongdoer.

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Nursing Home Arbitration Agreements

Written By: Kenneth LaBore | Published On: 5th February 2017 | Category: Admission and Discharge Issues, Nursing Home Abuse and Neglect, Nursing Home Care Issues, Wrongful Death | RSS Feed

Nursing Home Arbitration Agreements

Nursing Home Arbitration Agreements

Minnesota Nursing Home Arbitration Agreements

Nursing homes cannot seek pre-dispute arbitration agreement as condition for admission.  Pursuant to federal regulations 42 CFR 483.70(n), binding arbitration agreements. (1) A facility must not enter into a pre-dispute agreement for binding arbitration with any resident or resident’s representative nor require that a resident sign an arbitration agreement as a condition of admission to the LTC facility.

Nursing homes attempt to get arbitration agreements many of which limit the rights of person who is injured or even killed due to the neglect of the facility.  Anything that limits your rights is not a good idea and a really bad idea if it reduces the exposure to the owners of the facility for mistakes made during resident cares.  The arbitration agreement acts as a disincentive to provide the highest quality of care, supervision and services practicable.

Arbitration agreements usually do not allow you to litigate your case to a jury and may limit the parties that can hear the dispute.  There is an inherent conflict in a system where the same arbitration association hears all the disputes for the nursing home since they deal with the injured plaintiff only once but are selected by the nursing home in every case in the arbitration agreement.  If the arbitration awards go against the facility they can simply decide to choose another company to hear the disputes, this could make the arbitration association or arbitrators they use dependent on facility awards, hence creating a bias to a party which is supposed to be neutral.

Here are the Conditions When There Are Signed Arbitration Agreements

Pursuant to 42 CFR 483.70(n)(2), if, after a dispute between the facility and a resident arises, and a facility chooses to ask a resident or his or her representative to enter into an agreement for binding arbitration, the facility must comply with all of the requirements in this section.

(i) The facility must ensure that:

(A) The agreement is explained to the resident and their representative in a form and manner that he or she understands, including in a language the resident and their representative understands, and

(B) The resident acknowledges that he or she understands the agreement.

(ii) The agreement must:

(A) Be entered into by the resident voluntarily.

(B) Provide for the selection of a neutral arbitrator agreed upon by both parties.

(C) Provide for selection of a venue convenient to both parties.

(iii) A resident’s continuing right to remain in the facility must not be contingent upon the resident or the resident’s representative signing a binding arbitration agreement.

(iv) The agreement must not contain any language that prohibits or discourages the resident or anyone else from communicating with federal, state, or local officials, including but not limited to, federal and state surveyors, other federal or state health department employees, and representatives of the Office of the State Long-Term Care Ombudsman, in accordance with §483.10(k).

(v) The agreement may be signed by another individual if:

(A) Allowed by state law;

(B) All of the requirements in this section are met; and

(C) That individual has no interest in the facility.

(vi) When the facility and a resident resolve a dispute with arbitration, a copy of the signed agreement for binding arbitration and the arbitrator’s final decision must be retained by the facility for 5 years and be available for inspection upon request by CMS or its designee.

Contact Attorney Kenneth LaBore Before of After Signed Arbitration Agreements

It is best to have a lawyer review any agreement, especially a nursing home arbitration agreement before the resident or their legal representative signs, however if there is an injury contact an elder abuse attorney to review the contract before agreeing to terms as well.  There are requirements in the law that may effect the enforceability of all or part of the arbitration agreement and there are situations where you may be able to contest the agreement or some of its terms.

If you have questions about your rights and an arbitration agreement or to discuss a nursing home injury call Kenneth L. LaBore for a free consultation at 612-743-9048 or 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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