Archive for the ‘Patient Rights’ Category

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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.

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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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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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Reporting Nursing Home Neglect and Abuse

Written By: Kenneth LaBore | Published On: 8th January 2017 | Category: Caregivers Resources, Facilities - Nursing Homes, Nursing Home Abuse and Neglect, Nursing Home Care Issues, Patient Rights | RSS Feed
Information About Reporting Elder Abuse and Neglect

Information About Reporting Elder Abuse and Neglect

Reporting Suspected Neglect of Nursing Home Residents

Minnesota law mandates safe environments and services for vulnerable adults and protective services for vulnerable adults who have been maltreated. The DHS Adult Protective Services Unit provides training and consultation to citizens, service providers, counties, law enforcement and state agencies regarding the Minnesota Vulnerable Adult Act [Minnesota Statute Section 626.557 (1995)]. The unit also develops policy and best practices and collects and evaluates data to prevent maltreatment and plan adult protection services.

According to Minnesota Statute 626.5772, Subd. 2, “abuse” can include many things, including: an act against a vulnerable adult that constitutes a violation of, an attempt to violate, or aiding and abetting a violation of an assault, the use of drugs to injure or facilitate crime, the solicitation, inducement, and promotion of prostitution, criminal sexual conduct as well as, the act of forcing, compelling, coercing, or enticing a vulnerable adult against the vulnerable adult’s will to perform services for the advantage of another.

Click here for the listed forms of abuse in vulnerable adults act.

Click here for the listed forms of neglect in the vulnerable adults act.

More information about elder abuse is available from the National Adult Protective Services Association, NAPSA.

According to NAPSA, if you witness a life-threatening situation involving a senior or adult with disabilities, dial 911. Contact your local Adult Protective Services agency anytime you observe or suspect the following:

  • Sudden inability to meet essential physical, psychological or social needs which threatens health, safety or well-being
  • Disappearing from contact with neighbors, friends or family
  • Appearing hungry, malnourished, or with a sudden weight loss
  • Appearing disoriented or confused
  • Suddenly appearing disheveled or wearing soiled clothing
  • Failing by caregiver(s) to arrive as scheduled — or disappearing without notice
  • Expressing feelings of hopelessness, worthlessness or insignificance
  • Failing to take prescribed medications or nutritional supplements
  • Blaming self for problems arising with family or caregivers
  • Living in squalor or hazardous situations such as hoarding or cluttering

Minnesota Elder Neglect and Abuse Reporting System

Minnesota has a new central system for reporting suspected maltreatment of vulnerable adults, through a common entry point available 24/7 at 1-844-880-1574 a toll free phone number for the general public.

This Adult Protection website offers information on how to report abuse and neglect in many different languages.

Reporting Abuse Requirements for Mandated Reporters

Mandated reporters include law enforcement, educators, doctors, nurses, social workers and other licensed professionals.  Pursuant to Minnesota Statute 626.5772, Subd. 16.,”mandated reporter” means a professional or professional’s delegate while engaged in: (1) social services; (2) law enforcement; (3) education; (4) the care of vulnerable adults; (5) any of the occupations referred to in section 214.01, subdivision 2; (6) an employee of a rehabilitation facility certified by the commissioner of jobs and training for vocational rehabilitation; (7) an employee or person providing services in a facility as defined in subdivision 6; or (8) a person that performs the duties of the medical examiner or coroner.

Mandated reporters reporting an allegation of suspected maltreatment of a vulnerable adult that did not occur in Minnesota must make the report to the state in which the allegation occurred. The National Adult Protective Services Association has information for reporting in all states.

Click Here For Link To Report Abuse To Adult Protection

Click Here For Link To Report Abuse To Adult Protection

If you have any questions about any type of nursing home abuse or neglect call Attorney Kenneth LaBore for a free consultation at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.

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Adrian Care Center Cited With Neglect After Abuse to Resident

Written By: Kenneth LaBore | Published On: 6th January 2017 | Category: Nursing Home Abuse and Neglect, Patient Rights | RSS Feed
A Resident at Adrain Care Center was the Victim of Abuse by Staff Member

A Resident at Adrain Care Center was the Victim of Abuse by Staff Member

Resident Abused at Adrian Care Center

In a report from the Minnesota Department of Health dated August 8, 2016, it was alleged that a resident at Adrian Care Center in Adrian Minnesota was abused by a staff alleged perpetrator (AP) when the AP treated the resident in a humiliating manner, writing on the resident’s forehead with a permanent marker.

MDH Substantiated Abuse at Adrian Care Center

As stated in the report, based on the preponderance of evidence abuse occurred when the alleged perpetrator (AP) wrote with a black marker the word “please” on the resident’s forehead.  The humiliating treatment was administered as a consequence for the resident failing to say please during a request for transfer.

The resident had diagnoses that included cardiovascular disease and diabetes.  The resident was alert and oriented to person and place with some difficulty remembering time.  The resident required total staff assistance with all activities of daily living (ADL) skills.  The resident required an assistance of two staff when transferring.

The resident requested to be transferred from a wheelchair to a recliner.  The AP and another nursing assistant helped the resident.  The AP told the resident to say “please” and if the resident did not say please, the AP would write please on the resident’s forehead so that the resident would not forget to do so the next time.  After the transfer, both the AP and other nursing assistant left the room.  The AP obtained a permanent market and returned to the resident’s room.  The AP wrote the word “please” on the resident’s forehead with a black permanent marker.  Later the AP returned and removed the permanent marker with some type of chemical.

The resident was interviewed and remembered the AP writing a word on his/her forehead.  The resident said that the AP did return at some point and removed the word with some sort of chemical.  The resident recalled being concerned about the chemical the AP used, because the resident said s/he has only one good eye.

The facility terminated the AP from his/her employment following the incident.

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 any questions about nursing home abuse call Attorney Kenneth LaBore for a free consultation at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.

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Nursing Home Health Facility Complaints

Written By: Kenneth LaBore | Published On: 5th January 2017 | Category: Assisted Living Care Issues, Caregivers Resources, Department of Health Complaint, Nursing Home Abuse and Neglect, Nursing Home Care Issues, Patient Rights | RSS Feed
Nursing Home Complaints Minnesota Department of Health

Nursing Home Complaints Minnesota Department of Health

Minnesota Department of Health Facility Complaints

Allegations of physical and sexual abuse as well as neglect are investigated administratively by the Minnesota Department of Health, Office of Health Facility Complaints, (OHFC).   They conduct onsite investigations, review records, speak with staff members and resident and his/her family.  The OHFC does not review every complaint and therefore they are not all addressed on their website.  The determine on the concerns that are investigated include, unsubstantiated, inconclusive and substantiated.   The goal is a substantiated complaint which will usually require a root cause analysis and internal investigation and new policies and procedure which are then trained to the nursing home care staff.

View Resolved Minnesota Department of Health Complaints

To search the MDH website by type of result, such as “substantiated” as well as by the type of provider, city, county or provider name.

According to Minnesota Administrative Rule 4658.0015, COMPLIANCE WITH REGULATIONS AND STANDARDS.
A nursing home must operate and provide services in compliance with all applicable federal, state, and local laws, regulations, and codes, and with accepted professional standards and principles that apply to professionals providing services in a nursing home.

Contacting the Office of Health Facilities Complaints

The Office of Health Facility Complaints (OHFC) serves the general public. Complaints, questions, or concerns must relate to licensed facilities:

  • Hospitals
  • Nursing homes
  • Boarding care homes
  • Supervised living facilities
  • Assisted living
  • Home health agencies

For questions about complaints, call 651-201-4200 or 1-800-369-7994. For all other OHFC inquiries, call 651-201-4201.

OHFC can help patients and residents to enforce their rights.

OHFC does not charge for its services.

Resident Rights to Contact OHFC

According to Minnesota Statute 144A.13, COMPLAINTS; RESIDENT’S RIGHTS, Subdivision 1. Processing, all matters relating to the operation of a nursing home which are the subject of a written complaint from a resident and which are received by a controlling person or employee of the nursing home shall be delivered to the facility’s administrator for evaluation and action. Failure of the administrator within seven days of its receipt to resolve the complaint, or alternatively, the failure of the administrator to make a reply within seven days after its receipt to the complaining resident stating that the complaint did not constitute a valid objection to the nursing home’s operations, shall be a violation of section 144A.10. If a complaint directly involves the activities of a nursing home administrator, the complaint shall be resolved in accordance with this section by a person, other than the administrator, duly authorized by the nursing home to investigate the complaint and implement any necessary corrective measures.

Subd. 2. Resident’s rights. The administrator of a nursing home shall inform each resident in writing at the time of admission of the right to complain to the administrator about facility accommodations and services. A notice of the right to complain shall be posted in the nursing home. The administrator shall also inform each resident of the right to complain to the commissioner of health. No controlling person or employee of a nursing home shall retaliate in any way against a complaining nursing home resident and no nursing home resident may be denied any right available to the resident under chapter 504B.

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.

See resolved substantiated complaints, special focus facility initiative lists and other information on this website at the “facilities” page which is updated regularly.

If you have concerns about elder abuse or neglect contact Minnesota 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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Nursing Home Survey Process

Written By: Kenneth LaBore | Published On: 5th January 2017 | Category: Caregivers Resources, Nursing Home Care Issues, Patient Rights | RSS Feed
Minnesota and CMS Medicare Medicaid Nursing Home Survey Process

Minnesota and CMS Medicare Medicaid Nursing Home Survey Process

Minnesota Nursing Home Survey Information

According to CMS Medicare.gov, the inspection results are recorded in a form called (HCFA-2567) where deficiencies in the quality of care in the nursing home are recorded.  The inspections assess whether facilities are meeting “minimum” standards at the time of the survey. To be part of the Medicare and Medicaid programs, nursing homes must meet certain requirements set by Congress. The Centers for Medicare and Medicaid Services (CMS) has entered into an agreement with state governments to do health and fire safety inspections of these nursing homes and investigate complaints about nursing home care.

Minnesota Nursing and Boarding Care Home Survey Inspection Findings

Pursuant to Minnesota Statute 144A.10, Subd. 2. Inspections. The commissioner of health shall inspect each nursing home to ensure compliance with sections 144A.01 to 144A.155 and the rules promulgated to implement them. The inspection shall be a full inspection of the nursing home. If upon a reinspection provided for in subdivision 5 the representative of the commissioner of health finds one or more uncorrected violations, a second inspection of the facility shall be conducted. The second inspection need not be a full inspection. No prior notice shall be given of an inspection conducted pursuant to this subdivision. Any employee of the commissioner of health who willfully gives or causes to be given any advance notice of an inspection required or authorized by this subdivision shall be subject to suspension or dismissal in accordance with chapter 43A. An inspection required by a federal rule or statute may be conducted in conjunction with or subsequent to any other inspection. Any inspection required by this subdivision may be in addition to or in conjunction with the reinspections required by subdivision 5. Nothing in this subdivision shall be construed to prohibit the commissioner of health from making more than one unannounced inspection of any nursing home during its license year. The commissioner of health shall coordinate inspections of nursing homes with inspections by other state and local agencies consistent with the requirements of this section and the Medicare and Medicaid certification programs.

The commissioner shall conduct inspections and reinspections of health facilities with a frequency and in a manner calculated to produce the greatest benefit to residents within the limits of the resources available to the commissioner. In performing this function, the commissioner may devote proportionately more resources to the inspection of those facilities in which conditions present the most serious concerns with respect to resident health, treatment, comfort, safety, and well-being.

These conditions include but are not limited to: change in ownership; frequent change in administration in excess of normal turnover rates; complaints about care, safety, or rights; where previous inspections or reinspections have resulted in correction orders related to care, safety, or rights; and, where persons involved in ownership or administration of the facility have been indicted for alleged criminal activity. Any facility that has none of the above conditions or any other condition established by the commissioner that poses a risk to resident care, safety, or rights shall be inspected once every two years.

You can search the Minnesota Department of Health website for Medicare & Medicaid nursing home survey results for information on inspection findings pertaining to federal and state health and safety regulations.

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.

Search for surveys by city, county, or provider name.

Click here for a link to Minnesota Department of Health Nursing Home Survey pamphlet.

Click on link for more newly posted nursing home survey reports.

Click on link for information on provider searched by city, county or name of provider.

If you have concerns about nursing home surveys or questions about 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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Special Focus Facility Process

Written By: Kenneth LaBore | Published On: 5th January 2017 | Category: Caregivers Resources, Nursing Home Abuse and Neglect, Patient Rights | RSS Feed

 

Medicare Medicaid CMS Special Focus Facility Nursing Home Deficiency List

Medicare Medicaid CMS Special Focus Facility Nursing Home Deficiency List

Special Focus Facility Initiative

The Centers for Medicare and Medicaid CMS creates a Special Focus Facility “SFF” list of nursing homes that have a history of serious quality issues and are included in a program designed to seek improvement in care.  The list is updated regularly with new facilities being added as needed and other falling off due to significant improvement in the quality of care or  from being terminated from Medicare.

The Special Focus Facility list is generated from data received through the CMS inspections or surveys which are focused on looking for deficiencies in care based on federal nursing home regulations.  According to the CMS website, Most nursing homes have some deficiencies, with the average being 6-7 deficiencies per survey. Most nursing homes correct their problems within a reasonable period of time. However, we have found that a minority of nursing homes have:

  • More problems than other nursing homes (about twice the average number of
    deficiencies);
  • More serious problems than most other nursing homes (including harm or injury experienced by residents); and
  • A pattern of serious problems that has persisted over a long period of time (as measured over the three years before the date the nursing home was first put on the SFF list).

Effect of Being on Special Focus Facility List

According to Medicare CMS, there are more frequent surveys and inspections to facilities on the SFF list usually about twice per year.  The longer the problems and deficiencies exist the more stringent the response from CMS, with penalties ranging from civil fines to being terminated from CMS from Medicare and Medicaid payments.

Within about 18-24 months the nursing home is expected to have one of three possible outcomes:

  • The ideal outcome is the facility shows improvement and the facility graduates from SFF due to significant improvements in the quality of care which has continued over time;
  • The facility is terminated from Medicare after failing to make significant and lasting improvements; and
  • There can also be an extension of time given when there are signs of very promising improvements.

Information on the most recent Minnesota Special Focus Facility nursing homes can be found on my website located at the Information About Facilities.

Click the following links for more information about the Medicare & Medicaid CMS survey process and information on filing a complaint with the Minnesota Department of Health for concerns about the quality of care or abuse and neglect suffered by a Minnesota nursing home resident.

If you have concerns about  Special Focus Facilities or questions about 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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Edgewood Hermantown Senior Living Abuse and Theft

Written By: Kenneth LaBore | Published On: 5th May 2016 | Category: Financial Exploitation, Patient Rights, Verbal Abuse | RSS Feed
Edgewood Hermantown Senior Living Allegation of Violations of Resident Rights

Edgewood Hermantown Senior Living Allegation of Violations of Resident Rights

Edgewood Hermantown Senior Living Physical and Verbal Abuse of Client

In a report dated January 20, 2017 the Minnesota Department of Health alleged that a client at Edgewood Hermantown Senior Living was abused when staff forced the client into his/her wheelchair causing a toe injury and forcefully pulled the resident up with a transfer belt.  Also, it is alleged the client’s rights were violated when staff made the client go to the dining area when s/he did not want to go.

Edgewood Hermantown Senior Living Substantiated Abuse Allegations

Based on a preponderance of the evidence, abuse occurred when the alleged perpetrator (AP) transferred the client with a gait belt against his/her will and in a manner that resulted in physical pain to the client’s stomach and toe,  and which produced emotional distress to the client.  In addition, the client suffered emotional distress when the AP forced the client to go to the dining room against his/her will.  The AP also used repeated malicious oral language towards the client and treated the client in a manner which was disparaging, derogatory, humiliating, and harassing.

The client received services from the home care provider for activities of daily living, behavioral management as needed, and wheelchair escorts according to the client’s service agreement and care plans.  The client self-transferred to his/her wheelchair without staff assistance.  The client’s behavioral plan of care indicated staff members were to notify the nurse of refusal of care or services, as the client how s/he would like the task performed, re-approach if the client refused care or services, and remind the client they were the aide for the shift.  The client was alert and oriented to person, place, and time, and his/her cognition was determined to be normal according to a nurse’s assessment.

Document review, a review of an audio recording of the incident, and interviews with the client, staff, family, and the AP were conducted.  The client was sitting on his/her couch when the AP came into client’s room to escort the client to supper.  The client was placing a call to a family member at the time and the family member’s answering machine answered the call.  The client was holding the cell phone when AP came into the room and did not disconnect the call.  The incident was consequently recorded on the answering machine.  The client told the AP s/he was not feeling well and did not want to go to the dining room.  The AP responded by stating that the client was lying, and told the client s/he was going to the dining room.  The AP put a gait belt around the client’s chest, although a gait belt was not ordinarily used for this client because the client self-transferred.  The belt was so tight it was hard for the client to breath.  The AP used one hand on the gait belt and pulled the client off the couch so forcefully that the client hit his/her toe on the nearby wheelchair.  The client stated s/he was “yanked” off the couch, and clarified that s/he meant the AP pulled with an abrupt, “jerking” motion and not a steady pull.  The client stated the pain was so intense, the client thought s/he passed out from the pain.  The client said s/he was very distressed during the incident and said when s/he came to, s/he was sitting in the wheelchair being escorted to the dining room against his/her will.  The client said a toe was bruised and sore after the incident,  still bothers him/her, and requires ongoing treatment by a doctor.  The client has ongoing fear and anxiety as a result of the incident.  See the rest of the report here.

Edgewood Hermantown Senior Living – Report Suspected Abuse and Neglect

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 medication errors, improper use of medical equipment, falls 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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Theft of Cash from Resident at Edgewood Hermantown Senior Living

Theft of Cash from Resident at Edgewood Hermantown Senior Living

Money Taken From Client at Edgewood Hermantown Senior Living

In a report from the Minnesota Department of Health dated April 26, 2016, it was alleged that a client at Edgewood Hermantown was financially exploited when the alleged perpetrator4 (AP) took the client’s money for his/her personal use.

The MDH Cites Edgewood Hermantown Senior Living For Theft

Based on a preponderance of the evidence, financial exploitation did occur when the alleged perpetrator (AP) took $100 from the client without the client’s permission.

The client received services from the comprehensive home care provider for housekeeping and laundry.

Interview with the client revealed the client was in the dining room with his/her spouse when s/he saw the AP walk past him/her, walk down the hallway, and enter his/her room.  The client walked towards his/her room and saw the AP exit his/her room.  The client checked his/her dresser drawer and noticed s/he was missing $100 in $20 bills.  The client said it was there the night before and no one else had entered his/her room nor did the client’s spouse take the money.  The client escorted the AP to the front desk and reported to the facility staff and police interviewed the AP and the AP admitted to taking $100 in $20 bills from the client.

Interview with the facility staff revealed the client and s/he was in the dining room with his/her spouse when s/he saw the AP walk down the hallway, enter, and then exit his/her room.  Staff said the client escorted the AP to the front desk and reported s/he saw the AP enter his/her apartment without authorization and now was missing $100.  Facility staff interviewed the AP and the AP admitted to taking $100 in $20 bills from the client.  Facility staff the police to report the theft.

A police report indicated the police interviewed the client and the AP.  During the interview the AP admitted to taking $100 in $20 bills from the client.  The police forwarded their findings to the county attorney’s office for formal charging.

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 medication errors, improper use of medical equipment, falls 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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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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New Journey Residence Complaint for Neglect

Written By: Kenneth LaBore | Published On: 1st May 2016 | Category: Housing With Services Care Issues, Medication Administration Mistakes, Medication Drug Error, Patient Rights | RSS Feed
New Journey Residence Substantiated Complaint Neglect of Health Care

New Journey Residence Substantiated Complaint Neglect of Health Care

New Journey Residence In Eveleth Investigated For Neglect

It was alleged in a report dated December 24, 2015, that clients at New Journey Residence that clients are being neglected because the facility does not have adequate staffing to provide supervision, personal cares, and medical administration to the clients.

New Journey Residence Substantiated Complaint For Neglect

Based on a preponderance of the evidence, the allegation of neglect of health care is substantiated.  Neglect did occur when two clients were observed during onsite investigation to required immediate assistance and the licensee did not have sufficient trained staff to provide care.  One client required emergency care at the hospital and the second required immediate transfer to another housing with services facility.

Observations made during the onsite investigation revealed the Housing with Services Establishment has 8 memory care units and 44 additional care units.  Four clients resided on the memory care unity 26 clients resided on another unit.  The licensee had 1 unlicensed professional working in the locked memory care unit and 1 unlicensed professional working in the non-memory care unit.  Client 1 and Client 2 both resided in the non-membory care unit.  In addition, the licensee had 2 kitchen staff members working and providing direct care to clients.

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 medication errors, improper use of medical equipment, falls 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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York Gardens Edina MDH Complaints

Written By: Kenneth LaBore | Published On: 16th April 2015 | Category: Failure to Resond to Change in Condition, Patient Rights, Verbal Abuse | RSS Feed
Abuse by Staff

Abuse by Staff at York Gardens Edina Minnesota

York Gardens Edina Complaint Findings for Neglect of Health Care Abuse

In a report concluded on May 1, 2014, the Minnesota Department of Health cites for neglect of health care abuse

A preponderance of evidence indicated that the abuse occurred on two separate occasions when the alleged perpetrator (AP) spoke to the client in a loud, critical and derogatory manner.

The client was, at all times, oriented to person but not place or time.  The client was diagnosed with vascular dementia which resulted in difficulty completing familiar tasks, following directions and organizing thoughts.

On October 20, 2013 the family installed a camera in the client’s room due to concerns that the client wasn’t receiving the care agreed on the service agreement.

A review of the video taken on 10/21/2013 showed the AP entered the client’s apartment and told the client that it was time for lunch.  The client was in bed and did not get up.  The AP repeatedly poked and tapped the client on the left shoulder while s/he stated. “come on, come on”.  The client responded by trying to push the AP’s right hand away.  The AP was heard to tell the client, that s/he was not going to stop.  The client got up and stood by the bed and stared straight ahead.  The AP placed his/her hand on the wall and stated in a ridiculing tone., “what are you doing, [short pause] today junior”.  The client said, “Why don’t you just leave me alone”?  The AP stated, “Because you don’t listen, you don’t want to go for dinner, you don’t, you don’t, you don’t.  The client did not respond to the AP’s statements.

York Gardens Edina Complaint Findings for Neglect

In a report concluded on June 8, 2012, the Minnesota Department of Health cites York Gardens Edina for neglect of health care.

It is alleged that neglect occurred when the licensee failed to have a nurse evaluate/assess Client #1 after the client complained of pain and was noted to have bruises on her body.  Client #1 sustained rib fractures to her right side of unknown origin.

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 failure to assess, physical abuse or any other form of elder abuse or neglect contact Elder Abuse and Neglect Attorney Kenneth LaBore at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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