Archive for the ‘Elder Care Facilities’ Category


Circle Drive Manor Assisted Living West Concord

Written By: Kenneth LaBore | Published On: 21st February 2017 | Category: Home Health Care, Medication Administration Mistakes, Medication Drug Error | RSS Feed
Medication Error Giving Client Wrong Medication at Circle Drive Manor Assisted Living Leads to Hospitalization and Intubation Leads to Hospitalization and Intubation

Medication Error Giving Client Wrong Medication at Circle Drive Manor Assisted Living Leads to Hospitalization and Intubation Leads to Hospitalization and Intubation

Circle Drive Manor Assisted Living West Concord Allegations of Neglect After Wrong Medications

In a report from the Minnesota Department of Health, dated January 19, 2017,  there was an allegation that a client  at Circle Drive Manor Assisted Living West Concord was neglected when the facility administered an incorrect medication to the client and the client developed severe respiratory distress.

Circle Drive Manor Assisted Living West Concord Neglect Substantiated

Based on a preponderance of the evidence, neglect occurred when a client was given the wrong medication by the facility staff.  The client required hospitalization and intubation due to receiving the incorrect medication.  The facility had a pattern of presetting medications in a manner which made this issue likely to occur, the facility has been informed this practice was not safe, and the facility continued to fail to provide safe medication administration after this incident.

The client had a diagnosis that included chronic obstructive pulmonary disease (COPD).  The client required oxygen use to maintain the client’s respiratory status.  The client received home care services and required assistance with all activities of daily living including medication and oxygen management.  The client had a history of respiratory infections and exacerbation of COPD.

The day of the incident, the client was not feeling well and requested to eat in his/her room instead of eating in the dining room.  The alleged perpetrator (AP) stated at about 11:00 a.m.. s/he prepared another client’s medication (gabapentin 600 milligrams), which was due at noon.   The AP stated that after setting up the medication, s/he delivered the client his/her lunch tray, but accidently placed the other client’s medication on the tray.  The AP continued to serve lunch to other clients in the dining room.  At 11:30 a.m., the AP went to the medication cart to administer the gabapentin and found that the medication cup with the pills was no longer there.  The AP verified s/he had signed his/her initials on the medication card, indicating s/he had set up the medication.  The AP stated s/he went back to the client’s room and noticed an empty medication cup on the client’s lunch tray.  The client was unresponsive.  Immediately, the AP called emergency medical services, and the client was sent to the hospital.

At the hospital, the client was intubated due to compromised respiratory status.  The client was extubated the following day and hospitalized for three days.  The hospital physician indicated the client would return to previous status with ongoing chronic health issues.  Upon discharge, the client returned to the home care provider.  The client subsequently declined in health status related to heart and lung diseases.  The client died approximately one month later.  The client’s death record indicated the client died from natural causes.

The client’s physician was interviewed and stated it was coincidental that the incident of the medication error occurred a month prior to the client’s death.  The physician stated the client had a severe heart blockage which was apparently the ultimate cause of death.

During an interview, the AP stated s/he made the medication error on a busy day.  The AP stated that because the client was underweight and frail, once s/he realized the error had occurred, s/he called the emergency services immediately to treat the client.

During an interview, a nurse who previously worked at the home care provider stated that both before and after this incident, unlicensed staff members would set up medications ahead of time, although they had been trained not to do so.   The nurse stated s/he had spoken to the owners of the facility, including the AP, regarding this pattern of unsafe medication administration, and the AP did not change the practice.  The nurse’s company terminated their contract with the facility due to this practice.

During the investigation, both the AP and another unlicensed staff member were observed setting up medications for multiple clients at the same time.  This included an incident where medications, scheduled to be administered at 5:00 p.m. and 8:00 p.m., were placed in medication cups between 3:50 p.m. and 4:20 p.m.  These medications were then locked in a tool chest for later administration to the clients.

Report Medication Errors and Other Elder 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 being given the wrong medication 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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Assisted Living Medication Error

Written By: Kenneth LaBore | Published On: 5th February 2017 | Category: Assisted Living Care Issues, Medication Administration Mistakes, Medication Drug Error, Wrongful Death | RSS Feed
Assisted Living Medication Error

Assisted Living Medication Error

Minnesota Assisted Living Medication Error

Despite the fact that many assisted living care providers charge more for a room and care than a nursing home there is a trade off you are getting a nicer room and usually newer more luxurious dining room and other areas but there very little training required to be a staff member in the facility.

According to Minnesota Statute 144G.03, Subd. 2, assisted living shall be provided or made available only to individuals residing in a registered housing with services establishment. Except as expressly stated in this chapter, a person or entity offering assisted living may define the available services and may offer assisted living to all or some of the residents of a housing with services establishment. The services that comprise assisted living may be provided or made available directly by a housing with services establishment or by persons or entities with which the housing with services establishment has made arrangements.

(b) A person or entity entitled to use the phrase “assisted living,” according to section 144G.02, subdivision 1, shall do so only with respect to a housing with services establishment, or a service, service package, or program available within a housing with services establishment that, at a minimum:

(1) provides or makes available health-related services under a home care license. At a minimum, health-related services must include:

(i) assistance with self-administration of medication, medication management, or medication administration as defined in section 144A.43; and

(ii) assistance with at least three of the following seven activities of daily living: bathing, dressing, grooming, eating, transferring, continence care, and toileting.

All health-related services shall be provided in a manner that complies with applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285;

(2) provides necessary assessments of the physical and cognitive needs of assisted living clients by a registered nurse, as required by applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285;

(3) has and maintains a system for delegation of health care activities to unlicensed personnel by a registered nurse, including supervision and evaluation of the delegated activities as required by applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285;

(4) provides staff access to an on-call registered nurse 24 hours per day, seven days per week;

(5) has and maintains a system to check on each assisted living client at least daily;

(6) provides a means for assisted living clients to request assistance for health and safety needs 24 hours per day, seven days per week, from the establishment or a person or entity with which the establishment has made arrangements;

(7) has a person or persons available 24 hours per day, seven days per week, who is responsible for responding to the requests of assisted living clients for assistance with health or safety needs, who shall be:

(i) awake;

(ii) located in the same building, in an attached building, or on a contiguous campus with the housing with services establishment in order to respond within a reasonable amount of time;

(iii) capable of communicating with assisted living clients;

(iv) capable of recognizing the need for assistance;

(v) capable of providing either the assistance required or summoning the appropriate assistance; and

(vi) capable of following directions;

(8) offers to provide or make available at least the following supportive services to assisted living clients:

(i) two meals per day;

(ii) weekly housekeeping;

(iii) weekly laundry service;

(iv) upon the request of the client, reasonable assistance with arranging for transportation to medical and social services appointments, and the name of or other identifying information about the person or persons responsible for providing this assistance;

(v) upon the request of the client, reasonable assistance with accessing community resources and social services available in the community, and the name of or other identifying information about the person or persons responsible for providing this assistance; and

(vi) periodic opportunities for socialization; and

(9) makes available to all prospective and current assisted living clients information consistent with the uniform format and the required components adopted by the commissioner under section 144G.06. This information must be made available beginning no later than six months after the commissioner makes the uniform format and required components available to providers according to section 144G.06.

Assisted Living Medication Error

There are several types of medication errors and mistakes in assisted living facilities including residents not being given medication, the wrong doses, wrong time, improper preparation or administration, wrong medication, theft and replacement of medications also call drug diversion.

Assisted Living Medication Error Reporting

Pursuant to Minn. Statute 144.7065, Subd. 5(1), events reportable under this subdivision include:

  • patient death or serious injury associated with a medication error, including, but not limited to, errors involving the wrong drug, the wrong dose, the wrong patient, the wrong time, the wrong rate, the wrong preparation, or the wrong route of administration, excluding reasonable differences in clinical judgment on drug selection and dose.

In addition to the reporting requirements for the facility you should also report the medication error to the Minnesota Department of Health Office of Health Facility Complaints, OHFC.  See the attached for more information about reporting elder abuse and neglect.

Assisted Living Medication Error Lawyer

If you have questions about medication errors in a assisted living facility or other elder provider or nursing home or other elder abuse and neglect issues contact Kenneth LaBore for a free consultation.  There is no fee unless there is a verdict or settlement offer from the wrongdoer.  Mr. LaBore can be reached directly at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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Assisted Living Assault

Written By: Kenneth LaBore | Published On: 5th February 2017 | Category: Assisted Living Care Issues, Elder Physical Abuse, Sexual Abuse, Verbal Abuse | RSS Feed
Minnesota Assisted Living Assault

Minnesota Assisted Living Assault

Minnesota Assisted Living Assault

Assisted living facilities deal with people with cognitive deficiencies with a wide range of abilities and risks for each resident.  Some residents are very mobile and active and other need assistance with transfer and other activities of daily living.

Despite the fact that many assisted living care providers charge more for a room and care than a nursing home there is a trade off you are getting a nicer room and usually newer more luxurious dining room and other areas but there very little training required to be a staff member in the facility.

According to Minnesota Statute 144G.03, Subd. 2, assisted living shall be provided or made available only to individuals residing in a registered housing with services establishment. Except as expressly stated in this chapter, a person or entity offering assisted living may define the available services and may offer assisted living to all or some of the residents of a housing with services establishment. The services that comprise assisted living may be provided or made available directly by a housing with services establishment or by persons or entities with which the housing with services establishment has made arrangements.

(b) A person or entity entitled to use the phrase “assisted living,” according to section 144G.02, subdivision 1, shall do so only with respect to a housing with services establishment, or a service, service package, or program available within a housing with services establishment that, at a minimum:

(1) provides or makes available health-related services under a home care license. At a minimum, health-related services must include:

(i) assistance with self-administration of medication, medication management, or medication administration as defined in section 144A.43; and

(ii) assistance with at least three of the following seven activities of daily living: bathing, dressing, grooming, eating, transferring, continence care, and toileting.

All health-related services shall be provided in a manner that complies with applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285;

(2) provides necessary assessments of the physical and cognitive needs of assisted living clients by a registered nurse, as required by applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285;

(3) has and maintains a system for delegation of health care activities to unlicensed personnel by a registered nurse, including supervision and evaluation of the delegated activities as required by applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285;

(4) provides staff access to an on-call registered nurse 24 hours per day, seven days per week;

(5) has and maintains a system to check on each assisted living client at least daily;

(6) provides a means for assisted living clients to request assistance for health and safety needs 24 hours per day, seven days per week, from the establishment or a person or entity with which the establishment has made arrangements;

(7) has a person or persons available 24 hours per day, seven days per week, who is responsible for responding to the requests of assisted living clients for assistance with health or safety needs, who shall be:

(i) awake;

(ii) located in the same building, in an attached building, or on a contiguous campus with the housing with services establishment in order to respond within a reasonable amount of time;

(iii) capable of communicating with assisted living clients;

(iv) capable of recognizing the need for assistance;

(v) capable of providing either the assistance required or summoning the appropriate assistance; and

(vi) capable of following directions;

(8) offers to provide or make available at least the following supportive services to assisted living clients:

(i) two meals per day;

(ii) weekly housekeeping;

(iii) weekly laundry service;

(iv) upon the request of the client, reasonable assistance with arranging for transportation to medical and social services appointments, and the name of or other identifying information about the person or persons responsible for providing this assistance;

(v) upon the request of the client, reasonable assistance with accessing community resources and social services available in the community, and the name of or other identifying information about the person or persons responsible for providing this assistance; and

(vi) periodic opportunities for socialization; and

(9) makes available to all prospective and current assisted living clients information consistent with the uniform format and the required components adopted by the commissioner under section 144G.06. This information must be made available beginning no later than six months after the commissioner makes the uniform format and required components available to providers according to section 144G.06.

Assisted Living Assault by Other Residents

Due to medications and perception issues such as hearing and vision, perhaps a change in environment or other difficulties persons in elder care facilities especially those with Alzheimer’s and dementia may get anxious and irritable and strike out at staff and other residents.   Or the assault may be in the form of inappropriate sexual contact or verbal abuse from residents who have lost some of their social filters.  Assisted living facilities have an obligation to keep residents safe and to supervise the other residents with the goal of as little confrontation as possible.  This may involve separating residents that are a risk to others and perhaps discharging them to a facility with more supervision if there is a risk to fellow residents.

Assisted Living  Assault by Staff Members

There are also of course situations where staff members take advantage of the fact that resident’s may be confusion or have other cognitive issues that make them very vulnerable to sexual assault.  Staff members should have background checks to limit the ability of persons with a known history to have contact with the residents.  However, the backgrounds are not always performed in a timely manner, or there are new criminal issues that show up once the staff member is hired, or the report is missing key information from other states or countries.  Then there are the staff that had never been caught abusing before but lacked the supervision of the staff and their actions which fostered an environment for those with a propensity to attempt abuse.

Residents need to be properly assessed, and then the staff needs to be well trained then supervised by protective management to assure the safety of all the residents.  Minnesota is a one person consent video state which means that you can place a hidden camera in the room of a resident.   The room in an assisted living facility is a private space just like an apartment in any other building and the resident can have a hidden camera if the resident and/or their legal representative consents to the recording.

Assisted Living Sexual Assault Reporting

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

Assisted Living Assault Attorney

If you have questions about physical abuse or assualt in a assisted living facility or other elder provider or nursing home or other elder abuse and neglect issues contact Kenneth LaBore for a free consultation.  There is no fee unless there is a verdict or settlement offer from the wrongdoer.  Mr. LaBore can be reached directly at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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Assisted Living Falls

Written By: Kenneth LaBore | Published On: 5th February 2017 | Category: Assisted Living Care Issues, Fall Injuries, Hoyer Lift, Patient Lift, Wrongful Death | RSS Feed
Residents Need Proper Assistance and Supervision to Avoid Assisted Living Falls

Residents Need Proper Assistance and Supervision to Avoid Assisted Living FallsAssisted Living Falls

Minnesota Assisted Living Falls

Injuries due to falls in nursing home and assisted living falls are common some due to obvious neglect other the cause is not as clear.   The underlying cause of many accidents is a delay in response from the time the resident needed some assistance and a response.   Or a failure to do toileting or wellness checks or some other necessary service as providing medications.

Information on Assisted Living Falls

Assisted living facilities are defined by statute and are in summary apartments for seniors where additional minimum services are available for purchase by contract.  Each resident has a different contract based on their individual needs.

According to Minnesota Statute 144G.03, Subd. 2, assisted living shall be provided or made available only to individuals residing in a registered housing with services establishment. Except as expressly stated in this chapter, a person or entity offering assisted living may define the available services and may offer assisted living to all or some of the residents of a housing with services establishment. The services that comprise assisted living may be provided or made available directly by a housing with services establishment or by persons or entities with which the housing with services establishment has made arrangements.

(b) A person or entity entitled to use the phrase “assisted living,” according to section 144G.02, subdivision 1, shall do so only with respect to a housing with services establishment, or a service, service package, or program available within a housing with services establishment that, at a minimum:

(1) provides or makes available health-related services under a home care license. At a minimum, health-related services must include:

(i) assistance with self-administration of medication, medication management, or medication administration as defined in section 144A.43; and

(ii) assistance with at least three of the following seven activities of daily living: bathing, dressing, grooming, eating, transferring, continence care, and toileting.

All health-related services shall be provided in a manner that complies with applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285;

(2) provides necessary assessments of the physical and cognitive needs of assisted living clients by a registered nurse, as required by applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285;

(3) has and maintains a system for delegation of health care activities to unlicensed personnel by a registered nurse, including supervision and evaluation of the delegated activities as required by applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285;

(4) provides staff access to an on-call registered nurse 24 hours per day, seven days per week;

(5) has and maintains a system to check on each assisted living client at least daily;

(6) provides a means for assisted living clients to request assistance for health and safety needs 24 hours per day, seven days per week, from the establishment or a person or entity with which the establishment has made arrangements;

(7) has a person or persons available 24 hours per day, seven days per week, who is responsible for responding to the requests of assisted living clients for assistance with health or safety needs, who shall be:

(i) awake;

(ii) located in the same building, in an attached building, or on a contiguous campus with the housing with services establishment in order to respond within a reasonable amount of time;

(iii) capable of communicating with assisted living clients;

(iv) capable of recognizing the need for assistance;

(v) capable of providing either the assistance required or summoning the appropriate assistance; and

(vi) capable of following directions;

(8) offers to provide or make available at least the following supportive services to assisted living clients:

(i) two meals per day;

(ii) weekly housekeeping;

(iii) weekly laundry service;

(iv) upon the request of the client, reasonable assistance with arranging for transportation to medical and social services appointments, and the name of or other identifying information about the person or persons responsible for providing this assistance;

(v) upon the request of the client, reasonable assistance with accessing community resources and social services available in the community, and the name of or other identifying information about the person or persons responsible for providing this assistance; and

(vi) periodic opportunities for socialization; and

(9) makes available to all prospective and current assisted living clients information consistent with the uniform format and the required components adopted by the commissioner under section 144G.06. This information must be made available beginning no later than six months after the commissioner makes the uniform format and required components available to providers according to section 144G.06.

See the State of Minnesota Assisted Living Guide

Types of Assisted Living Falls

There are many types of falls which occur in assisted living facilities including, falls in the bathroom due to loss of balance or slipping on wet surfaces such as in the shower, falls during transfers from wheelchairs or from patient lifts, falls  from bed, when using a walker or cane and others.  The injuries related to these often preventable falls include head injuries, subdural hematomas, fractured hips, pelvis, and femurs to name of few.  The injuries can be very serious and the combination of the injuries and the disabilities which result can lead to untimely death.

Assisted Living Falls Reporting

The facility is mandated to report serious falls to the Minnesota Commissioner of Health under Minnesota Statute 144.7065, Subd 5.(7) patient death or serious injury associated with a fall while being cared for in a facility.

In addition to the reporting requirements for the facility you should also report any falls with injury to the Minnesota Department of Health Office of Health Facility Complaint, OHFC.  See the attached for more information about reporting elder abuse and neglect.

Assisted Living Falls Neglect Attorney

If you have questions about fall injuries in a assisted living facility or other elder provider or nursing home or other elder abuse and neglect issues contact Kenneth LaBore for a free consultation.  There is no fee unless there is a verdict or settlement offer from the wrongdoer.  Mr. LaBore can be reached directly at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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Assisted Living Sexual Assault

Written By: Kenneth LaBore | Published On: 4th February 2017 | Category: Assisted Living Care Issues, Sexual Abuse | RSS Feed
Assisted Living Sexual Assault

Assisted Living Sexual Assault

Assisted living facilities deal with people with cognitive deficiencies with a wide range of abilities and risks for each resident.  Some residents are very mobile and active and other need assistance with transfer and other activities of daily living.

Despite the fact that many assisted living care providers charge more for a room and care than a nursing home there is a trade off you are getting a nicer room and usually newer more luxurious dining room and other areas but there very little training required to be a staff member in the facility.

According to Minnesota Statute 144G.03, Subd. 2, assisted living shall be provided or made available only to individuals residing in a registered housing with services establishment. Except as expressly stated in this chapter, a person or entity offering assisted living may define the available services and may offer assisted living to all or some of the residents of a housing with services establishment. The services that comprise assisted living may be provided or made available directly by a housing with services establishment or by persons or entities with which the housing with services establishment has made arrangements.

(b) A person or entity entitled to use the phrase “assisted living,” according to section 144G.02, subdivision 1, shall do so only with respect to a housing with services establishment, or a service, service package, or program available within a housing with services establishment that, at a minimum:

(1) provides or makes available health-related services under a home care license. At a minimum, health-related services must include:

(i) assistance with self-administration of medication, medication management, or medication administration as defined in section 144A.43; and

(ii) assistance with at least three of the following seven activities of daily living: bathing, dressing, grooming, eating, transferring, continence care, and toileting.

All health-related services shall be provided in a manner that complies with applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285;

(2) provides necessary assessments of the physical and cognitive needs of assisted living clients by a registered nurse, as required by applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285;

(3) has and maintains a system for delegation of health care activities to unlicensed personnel by a registered nurse, including supervision and evaluation of the delegated activities as required by applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285;

(4) provides staff access to an on-call registered nurse 24 hours per day, seven days per week;

(5) has and maintains a system to check on each assisted living client at least daily;

(6) provides a means for assisted living clients to request assistance for health and safety needs 24 hours per day, seven days per week, from the establishment or a person or entity with which the establishment has made arrangements;

(7) has a person or persons available 24 hours per day, seven days per week, who is responsible for responding to the requests of assisted living clients for assistance with health or safety needs, who shall be:

(i) awake;

(ii) located in the same building, in an attached building, or on a contiguous campus with the housing with services establishment in order to respond within a reasonable amount of time;

(iii) capable of communicating with assisted living clients;

(iv) capable of recognizing the need for assistance;

(v) capable of providing either the assistance required or summoning the appropriate assistance; and

(vi) capable of following directions;

(8) offers to provide or make available at least the following supportive services to assisted living clients:

(i) two meals per day;

(ii) weekly housekeeping;

(iii) weekly laundry service;

(iv) upon the request of the client, reasonable assistance with arranging for transportation to medical and social services appointments, and the name of or other identifying information about the person or persons responsible for providing this assistance;

(v) upon the request of the client, reasonable assistance with accessing community resources and social services available in the community, and the name of or other identifying information about the person or persons responsible for providing this assistance; and

(vi) periodic opportunities for socialization; and

(9) makes available to all prospective and current assisted living clients information consistent with the uniform format and the required components adopted by the commissioner under section 144G.06. This information must be made available beginning no later than six months after the commissioner makes the uniform format and required components available to providers according to section 144G.06.

Assisted Living Sexual Assault by Other Residents

Due to resident rights, a resident in a assisted living facility have a legal right to have a relationship even a physical one with other residents if there is consent.  Consent is the issue, at what point does one or both of the parties lose their legal right to consent to sex?   If there is an event without consent there may be civil liabilities for the facility and provider as well as potential criminal actions ranging from restraining orders to criminal charges.

Assisted Living Sexual Assault by Staff Members

There are also of course situations where staff members take advantage of the fact that resident’s may be confusion or have other cognitive issues that make them very vulnerable to sexual assault.  Staff members should have background checks to limit the ability of persons with a known history to have contact with the residents.  However, the backgrounds are not always performed in a timely manner, or there are new criminal issues that show up once the staff member is hired, or the report is missing key information from other states or countries.  Then there are the staff that had never been caught abusing before but lacked the supervision of the staff and their actions which fostered an environment for those with a propensity to attempt sexual abuse.

Residents need to be properly assessed, and then the staff needs to be well trained then supervised by protective management to assure the safety of all the residents.  Minnesota is a one person consent video state which means that you can place a hidden camera in the room of a resident.   The room in an assisted living facility is a private space just like an apartment in any other building and the resident can have a hidden camera if the resident and/or their legal representative consents to the recording.

Assisted Living Sexual Assault Reporting

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 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.

If you have questions about sexual abuse in a assisted living facility or other elder provider or nursing home or other elder abuse and neglect issues contact Kenneth LaBore for a free consultation.  There is no fee unless there is a verdict or settlement offer from the wrongdoer.  Mr. LaBore can be reached directly at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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Memory Care Assault

Written By: Kenneth LaBore | Published On: 4th February 2017 | Category: Assisted Living Care Issues, Caregivers Resources, Elder Physical Abuse | RSS Feed
Minnesota Memory Care Assault to Resident

Minnesota Memory Care Assault to Resident

Memory Care Assault Due to Lack of Supervision

Due to the fact that many of the residents have Alzheimer’s or dementia memory care assault is a real risk that needs to be addressed.   Well trained staff who know how to redirect residents who are upset and separate those who are a risk from others, is a key to reducing the environment which leads to aggravated interactions.

Even though a memory care facility may charge more per month than other types of elder care providers including nursing homes, the staff is not generally well trained and they are not there to provide medical care unless they are coming in to see a resident as contracted services.

According to Minnesota Statute 144D.065 (a)(2), direct-care employees must have completed at least eight hours of initial training on topics specified under paragraph (b) within 160 working hours of the employment start date.  The specialized training under paragraph (b) includes:

(b) Areas of required training include:

(1) an explanation of Alzheimer’s disease and related disorders;
(2) assistance with activities of daily living;
(3) problem solving with challenging behaviors; and
(4) communication skills.

As you can see the training for specialized memory care staff is very limited and does not include any medical training what-so-ever.  The lack of training with many resident which have limited mobility and other medical and physical issues leads to many forms of preventable situations including assault to vulnerable residents from other residents and unfortunately sometimes staff.

Memory Care Assault by Other Residents

Due to problems with confusion and cognitive issues related to Alzheimer’s or dementia or medications, loss of vision or hearing or some other reason, residents can become agitated and irritated with each other and if not properly supervised and controlled there can be assaults some leading to serious falls, and other injuries such as head injuries with subdural hematomas.

Memory Care Assault by Staff Members

There are unfortunately situations where staff members lose control of their temper and inappropriately let their frustration on staffing issue or personal problems out on the residents dependent on their assistance and supervision.  There is no excuse for elder abuse ever.  Management has to take all reasonable measures to protect the safety of residents from abuse by staff including background checks of the staff, training on Alzheimer’s and dementia and issues related to providing care to those with cognitive issues.   There should be a climate in the organization to treat all the clients with respect and dignity and to report any concerns about abuse to residents from staff or other residents to management and the department of health.

Minnesota is a one person consent video state which means that you can place a hidden camera in the room of a resident.   The room is a private space just like an apartment in any other building and the resident can have a hidden camera if the resident and/or their legal representative consents to the recording.

Memory Care Assault Reporting

According 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 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.

If you have questions about physical assault or abuse in a memory care facility or other elder provider or nursing home or other elder abuse and neglect issues contact Kenneth LaBore for a free consultation.  There is no fee unless there is a verdict or settlement offer from the wrongdoer.  Mr. LaBore can be reached directly at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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Memory Care Falls

Written By: Kenneth LaBore | Published On: 3rd February 2017 | Category: Assisted Living Care Issues, Caregivers Resources, Fall Injuries, Hoyer Lift, Patient Lift, Wrongful Death | RSS Feed
Alzheimer's Dementia Memory Care Falls

Alzheimer’s Dementia Memory Care Falls

Memory Care Falls Result in Part Due to Lack of Training

Falls in memory care and other elder care facilities are common occurrences.  The resident’s usually have Alzheimer’s or dementia and are prone to confusion and many are able to ambulate which leads to a higher risk of falls.  Due to osteoporosis and other age related issues falls lead to very serious many leading to death.  The irony is that despite the lack of regulation and training many memory care providers charge premium prices and often exceed the expense for rehabilitative care and skilled nursing in a traditional nursing home.

You may think that many memory care providers are providing cares similar to a nursing home.  This assumption is reasonable when you seen literature talking about “nursing services in a home like environment”.  What this means is that you are renting an apartment or room and that you are subcontracting for home care services to be provided at that location.  The staff at the memory care provider needs no special credentials as they are not considered nursing aides.  They need only limited training and the limited disclosures to tenant families.  According to Minnesota Statute 325F.72. Written disclosure shall include, but is not limited to the following:

(1) a statement of the overall philosophy and how it reflects the special needs of residents with Alzheimer’s disease or other dementias;
(2) the criteria for determining who may reside in the special care unit;
(3) the process used for assessment and establishment of the service plan or agreement, including how the plan is responsive to changes in the resident’s condition;
(4) staffing credentials, job descriptions, and staff duties and availability, including any training specific to dementia;
(5) physical environment as well as design and security features that specifically address the needs of residents with Alzheimer’s disease or other dementias;
(6) frequency and type of programs and activities for residents of the special care unit;
(7) involvement of families in resident care and availability of family support programs;
(8) fee schedules for additional services to the residents of the special care unit; and
(9) a statement that residents will be given a written notice 30 days prior to changes in the fee schedule.

According to Minnesota Statute 144D.065 (a)(2), direct-care employees must have completed at least eight hours of initial training on topics specified under paragraph (b) within 160 working hours of the employment start date.  The specialized training under paragraph (b) includes:

(b) Areas of required training include:

(1) an explanation of Alzheimer’s disease and related disorders;
(2) assistance with activities of daily living;
(3) problem solving with challenging behaviors; and
(4) communication skills.

As you can see the training for specialized memory care staff is very limited and does not include any medical training what-so-ever.  The lack of training with many resident which have limited mobility and other medical and physical issues leads to many forms of preventable injuries including falls.

Memory Care Falls

There are many types of falls which occur in memory care facilities.  The residents need to be supervised to assure they do not wander or elope from the facility, fall down stairwells, slip out of chairs or wheelchairs, fall from beds or in the bathroom off the toilet or in the shower.

Common injuries from falls in memory care facilities include, head injuries, including subdural hematomas, pelvic and hip fractures, fractured femur and other limbs.

Reporting Memory Care Falls

Pursuant to Minnesota Statute 144.7065, Subd. 1., each facility shall report to the commissioner the occurrence of any of the adverse health care events described in subdivisions 2 to 7 as soon as is reasonably and practically possible, but no later than 15 working days after discovery of the event. The report shall be filed in a format specified by the commissioner and shall identify the facility but shall not include any identifying information for any of the health care professionals, facility employees, or patients involved. The commissioner may consult with experts and organizations familiar with patient safety when developing the format for reporting and in further defining events in order to be consistent with industry standards.

The statute goes on in Subd. 5, to state that it is required for the facility to report patient death or serious injury associated with a fall while being cared for in a facility.

Attorney for Memory Care Falls

If you have questions about fall injuries or other forms nursing home abuse and neglect contact Kenneth LaBore for a free consultation.  There is no fee unless there is a verdict or settlement offer from the wrongdoer.  Mr. LaBore can be reached directly at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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Everyday Living Cited with Neglect

Written By: Kenneth LaBore | Published On: 2nd February 2017 | Category: Financial Exploitation, Home Health Care | RSS Feed
Financial Exploitation of Client at Everyday Living When Theft of Gift Card

Financial Exploitation of Client at Everyday Living When Theft of Gift Card

Everyday Living Alleged Exploitation by Staff

In a report from the Minnesota Department of Health dated, November 23, 2016, it was alleged that a client at Everyday Living in South Saint Paul, was financially exploited when the alleged perpetrator (AP) stole the client’s gift and used it for her own personal use.

Everyday Living Substantiated Theft of Client Gift Cards

Based on a preponderance of evidence, financial exploitation occurred when the alleged perpetrator (AP) used the client’s gift care without permission.

The client received comprehensive home care services from the provider according to a service agreement and care plan.

The client was interviewed and said s/he noticed a gift card s/he recently received from a family member was missing.  The client called the family member.  The family member called the store where the gift card was issued, and learned the gift card had recently been used at the store.  The client and a facility staff member went to the store to see if they could determine who had used the gift card.  The client described the AP to an employee at the store, showed the employee a picture of the AP, and the employee identified the AP, as the person who used the client’s gift card.  The client said s/he did not give or sell the gift card to the AP.

The family member was interviewed and said s/he recently gave the client a gift card to an area store.  The client called and said the gift card was missing, so the family member called the store to see if the gift card had been spent.    The family member learned from the store the gift card had been spent recently, and s/he called the client and told the client to get the police involved.

Interview with a staff member revealed the client recently received a gift card from a family member.  The next day the client told him/her s/he was missing the gift card.  The staff member said the client called the family member and learned the gift card had recently been spent at the store where the gift card was issued.  The staff member and the client went to the store.  The client described the AP to an employee at the store, showed the employee a picture of the AP, and employee identified the AP as the person who used the client’s gift card.

The police were contacted by the client.  The police investigation was forwarded to the city attorney for formal charges against the AP.

The AP was interviewed, and admitted she used the client’s gift card at the store for his/her own personal use.

For more information about how to get accountability for elder abuse and neglect related injuries call Kenneth LaBore for a free consultation at his direct number at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.  There is no fee unless a there is a verdict or settlement offer from the wrongdoer.

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Hugo GW LLC Cited by MDH For Complaints of Abuse and Neglect

Written By: Kenneth LaBore | Published On: 2nd February 2017 | Category: Elder Physical Abuse, Home Health Care | RSS Feed
Hugo GW, LLC also known as Hugo Gracewood LLC Cited with Substantiated Abuse of Clients

Hugo GW, LLC also known as Hugo Gracewood LLC Cited with Substantiated Abuse of Clients

Hugo GW, LLC Allegation of Abuse by Staff

In a report from the Minnesota Department of Health dated August 24, 2016, it is alleged that Hugo Gracewood, LLC clients are being abused when the alleged perpetrators treated clients in a disparaging and humiliating manner, taking photos and video of clients indicating illicit behavior.

Substantiated Complaint of Abuse of a Client at Hugo GW, LLC

Based on  a preponderance of the evidence, two clients were abused when staff took disparaging and humiliating videos of clients and shared them via text and social media.  Four alleged perpetrators were identified.  AP #1 took and shared videos, AP #2 witnessed video staging, received and shared video, AP #3 was present when video was recorded and received video, and AP #4 sent video.  Two videos were reviewed in the investigation and two more videos were discussed in interviews.

Client #1 received services due to diagnoses that included dementia, and required assistance for activities of daily living (ADLs).  Client #1 was unable to report maltreatment related to memory impairment.

Client #2 received services due to diagnoses that included Alzheimer’s disease, and required assistance with all ADLs.  Client #2 was unable to report maltreatment due to severe memory impairment.

Video #1 was obtained from a staff cell phone belonging to AP #3.  Video #1 portrayed client #2 dressed in a white tee shirt, sitting in wheelchair at a table.  A white powdered substance was spread under the client’s nose and the same white powdered substance was on the table placed in three straight lines.  Client #2 was experiencing arm tremors.  The song “Cocaine” by Eric Clapton was playing in the background.

Video #2 was obtained from a staff member who received it from AP #4 via social media.  Video #2 was dark and difficult to see.  However, client #1 was heard yelling in distress.

During and interview with a staff member, s/he stated the AP #1 showed him/her two videos (video #1 and video #3) of client #2, on AP’s personal cell phone.  The description of the first video was consistent with video #1: client #2 was sitting in a wheelchair at a table, and had powered sugar on the table in lines and under his/her nose.  The staff member stated it made it look like the client was using cocaine.  The staff member stated that the video #3 portrayed client #2 holding and empty alcohol bottle while another unidentified staff member was pushing the client’s wheelchair, with “rock music” playing in the background.  The staff member stated AP #1 had said s/he found the empty alcohol bottle, brought it into the home care provider, and gave it to client #2 to hold.

During an interview with another staff member, s/he stated s/he had seen two different videos (video #2 and video #4) of client #1.  The staff member stated AP #4 had sent him/her a message via social media with video #2 stating that client #1 is mad and will not let anyone help him/her.  The staff member stated the client #1 was sitting on the toilet, yelling at staff in video #2.  The staff member stated video #4 was viewed on AP #1’s personal cell phone.  S/he stated video #4 showed client #1 on the toilet and AP #3 in the bathroom with client #1 while AP #1 recorded.  The staff member stated client #1 said “you guys are going to hell” and either AP #1 or AP #3 said “we’ll see you there.”

An interview with AP #1 was attempted.  A subpoena was sent to AP #1.  AP #1 failed to respond or attend the scheduled interview.

An interview with AP #2 was completed.  AP #2 stated s/he worked with AP #1 on the evening shift when video #1 of client #2 was taken.  AP #2 stated that after s/he finished his/her final rounds, s/he saw client #2 sitting at the table in the common area.  S/he stated the powdered sugar was on the table and looked like cocaine.  AP #2 stated that AP #1 sent him/her video #1 via text message, and then s/he sent it to AP #3.  AP #2 stated s/he knew it was not acceptable to take videos of clients, but did not report to management because s/he did not want to get involved.

During an interview with AP #3, s/he stated s/he received video #1 of client #2 in April 2016 from AP #2 via text message.  AP #3 stated AP #1 and AP #2 were working the night when video #1 was taken.  AP #3 stated video #1 was of client #2 with powdered sugar on his/her nose and lines of powdered sugar to look like cocaine.  AP #3 stated s/he has seen a video of client #2 with a bottle of vodka that AP #1 had brought into the home care provider and gave to client #2.  AP #3 stated s/he knew taking a video of a client was wrong, but acknowledged s/he did not report the incident.  AP #3 stated s/he has never seen a picture or video of client #1 sitting on the toilet and has never sent any pictures of a client sitting on the toilet.

An interview with AP #4 was completed.  AP #4 stated s/he never sent a video of a client via social media and does not know why some one would say s/he had.

During an interview with the House Manager, s/he stated s/he was aware of inappropriate picture taking occurring on the evening shift while s/he was a lead caregiver.  S/he stated another staff member reported AP #1 sent a picture of one of the clients through text message.  The Housing Manager stated s/he confronted AP #1 who said s/he had taken pictures of the clients.  The Housing Manager stated s/he reported it to the housing manager at the time, and the Housing Manager instructed him/her to the staff on the cellphone policy.  S/he looked for an Internal Investigation or vulnerable adult report and neither was found to have been completed by the home care provider.

During an interview with the registered nurse, s/he stated s/he was unaware of staff taking pictures or videos of clients.

During an interview with client #1, s/he was confused and upset.  Client #1 could not recall if any photographs or videos had been taken of him/her.

During an interview with client #1’s family member, the family member stated s/he has not heard client #1 complain about staff nor seen any staff take pictures or video of client #1.  However, the family member stated s/he only visits during the day.

An interview with client #2 was attempted, however client #2 was asleep and was unable to be aroused for the interview.

During an interview with client #2’s family member, the family stated that client #2 is unable to recall events.  The family member stated s/he was not aware of any videos or pictures being taken by staff.

To get accountability for physical or other abuse to elders all Kenneth LaBore for a free consultation at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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MDH Cites Hugo GW LLC For Physical Abuse After Client Assaults Another

MDH Cites Hugo GW LLC For Physical Abuse After Client Assaults Another

Hugo GW LLC cited after Client Hits and Pushed other Client

In a report concluded on May 5, 2015, the Minnesota Department of Health cites Hugo GW LLC, it is alleged that neglect of supervision occurred, when Client #1 hit and pushed down Client #2, causing injury to her/his arms and knuckles.  Facility is aware of this, but does not have the protocols in place to prevent reoccurrence.

Substantiated Neglect of Supervision Against Hugo GW LLC

Based on the preponderance of the evidence, neglect of supervision occurred when staff failed to reassess Client #1’s aggressive behaviors in a timely manner and implement interventions to assist in keeping the clients of the facility save.

The facility was a locked memory care unit where 25 clients resided.  The facility staffed three unlicensed staff persons to pass medications and assist with personal care on the day and evening shifts.  Two unlicensed persons worked the overnight shift.

Client #1 had dementia, ambulated independently and wandered throughout the facility.  The client had aggressive behaviors towards staff and other clients.  Interventions for staff to follow when the client displayed aggressive behaviors, were to remove the client and/or others from the situation, approach in a calm manner and medication management.

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 or any other form of elder abuse or neglect contact Minnesota Elder Abuse Attorney Kenneth LaBore at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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Substantiated Complaint Against Augustana Emerald Crest After Death of Client

Written By: Kenneth LaBore | Published On: 1st February 2017 | Category: Housing With Services Care Issues, Inadequate Staffing/Training, Wrongful Death | RSS Feed
Allegations of Neglect of Supervision at Augustana Emerald Crest in Shakopee

Allegations of Neglect of Supervision at Augustana Emerald Crest in Shakopee

Augustana Emerald Crest Allegations of Neglect

In a report dated, January 3, 2017 by the Minnesota Department of Health alleging that Augustana Emerald Crest in Shakopee, it is alleged that a client was neglected when staff failed to provide adequate supervision and s/he ingested dishwasher detergent.  The client was hospitalized.

There is another report with similar facts also dated January 3, 2017.

Augustana Emerald Crest Substantiated Neglect Allegation

Based on a preponderance of the evidence, neglect of supervision occurred when a staff member left a corrosive chemical detergent unattended and within the client’s reach.  The client drank some of the chemical and sustained burns to the throat, requiring hospitalization.  The client subsequently died from complications of ingestion.

The client had a history of dementia and was noted to have deficits in cognition, with poor judgment and decision-making.  S/he also had the tendency to take food and drinks from the kitchen.  The client’s cognitive assessment noted that cupboards needed to be locked due to this behavior.

Staff interviews and documentation review indicated that, on the day of the incident, the client was in the dining area next to the kitchen waiting for breakfast.  A facility staff member was changing and replacing an almost empty dishwasher container of UltraKlene in the kitchen.  The staff member left the detergent out on the counter.  The client grabbed the cleaning solution, poured a glass and proceeded to take a sip as witnessed by another client.  The client spit out the liquid, but then proceeded to drink a quarter cup of coffee.  Approximately three hours later, the client began complaining of a sore throat and had continued to spit out phlegm, which contained blood.  S/he was noted to have a swollen upper lip with a raspy voice.  The registered nurse assessed the client and it was noted that the client’s throat felt swollen.  Emergency services was called.  Staff reported they were not aware of the ingestion until this point.

The client was hospitalized for 13 days, was diagnosed with aspiration pneumonia and severe dysphagia (difficulty swallowing).  The client was not able to eat or drink to sustain life, and died.  The death certificate indicated the client died from complications of sodium hydroxide detergent ingestion.

According to information from the manufacturer, the detergent UltraKlene contains sodium hydroxide and is corrosive in nature, causes respiratory tract irritation, and is harmful if swallowed.  If ingested, it causes burns to the mouth, throat and stomach.

For more information about how to get accountability for elder abuse and neglect related injuries call Kenneth LaBore for a free consultation at his direct number at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.  There is no fee unless a there is a verdict or settlement offer from the wrongdoer.

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