Archive for the ‘Facilities – Nursing Homes’ Category

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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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Good Samaritan Society Warren on Special Focus Facility List

Written By: Kenneth LaBore | Published On: 7th January 2017 | Category: Facilities - Nursing Homes, Fall Injuries | RSS Feed
Deficiencies at Good Samaritan Society Warren Place Them on CMS Medicare Medicaid Special Focus Facility List

Deficiencies at Good Samaritan Society Warren Place Them on CMS Medicare Medicaid Special Focus Facility List

Good Samaritan Society Warren Deficiencies in Survey Results Leads to Placement on Special Focus Facility Initiative List

Name: GOOD SAM SOCIETY WARREN
Address: 410 SOUTH MCKINLEY STREET
WARREN,  MN  56762
Phone: 218-745-5282   Fax: 218-745-6434
Administrator: MS. JULIE BERNAT
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 45)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 45)

Survey Results from Good Samaritan Society Warren

Results from a survey dated June 22, 2016, indicated that Good Samaritan Society Warren had deficiencies which were severe enough to place them on dubious CMS Medicare & Medicaid list of special focus facility list of nursing homes with high numbers of serious deficiencies.

Under federal FTag, F 241, 42 CFR 483.15(a), the facility must promote care for residents in a manner and in an environment that maintains or enhances each resident’s dignity and respect in full recognition of his or her individually.

The MDH determined the at FTag F 241, was not met as evidenced in this observation, interview and document review, the facility failed to provide a dignified morning routine for 5 of 5 residents reviewed for dignity with personal cares.

Good Samaritan Society Warren was also obligated under federal FTag, F 278, 42, CFR 483.20(g), the assessment must accurately reflect the resident’s status.  A registered nurse must conduct or coordinate each assessment with the appropriate participation of health professionals.  A registered nurse must sign and certify that the assessment is completed.

It was determined by MDH that FTag 278 requirements were not met as evidenced by their investigation that the facility failed to complete the Minimum Data Set (MDS) to reflect stage 2 pressure ulcer (partial thickness loss of dermis presenting as a shallow open ulcer with a red or pink wound bed, without slough) for 1 of 2 residents reviewed for pressure ulcers and to identify falls for 1 of 2 residents reviewed for falls.

Click here for the rest of the June 22, 2016 survey.

For more information from the Minnesota Department of Health, inspection surveys and reports, website, which usually has the most recent survey and the one taken before that.

To speak with an Attorney Kenneth LaBore concerning elder abuse or neglect or related injuries such as falls and pressure ulcers, call his direct number 612-743-9048 or by email to KLaBore@MNnursinghomeneglect.com.

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Chris Jensen Health and Rehab Center on CMS Special Focus Facility List Due to High Number of Deficiencies in Quality of Care

Written By: Kenneth LaBore | Published On: 7th January 2017 | Category: Facilities - Nursing Homes, Inadequate Staffing/Training, Pressure Ulcers | RSS Feed
Chris Jensen Health and Rehabilitation Center is Placed on Medicare Special Focus Facility Initiative List

Chris Jensen Health and Rehabilitation Center is Placed on Medicare Special Focus Facility Initiative List

Information About Chris Jensen Health and Rehabilitation Center

Name: CHRIS JENSEN HLTH & REHAB CTR
Address: 2501 RICE LAKE ROAD
DULUTH,  MN  55811
Phone: 218-625-6400   Fax: 218-625-6452
Administrator: MS. AMY PORTER
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 170)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 170)

Chris Jensen Health and Rehab Center Survey Results

Results from a survey dated May 12, 2016, indicated that Chris Jensen Health and Rehabilitation Center in Duluth Minnesota had deficiencies which were severe enough to place them on dubious list of special focus facility list of nursing homes with high numbers of serious deficiencies.

On April 7, 2016, the Minnesota Department of Health completed a Post Certification Revisit (PCR) and on April 5, 2016, the Minnesota Department of Public Safety completed a PCR to verify that the facility had achieved and maintained compliance with federal certification deficiencies issued pursuant to an extended survey, completed on February 10, 2016. The MDH presumed, based on their plan of correction, that the facility had corrected these deficiencies as of March 29, 2016. Based the visit, it was determined that your Chris Jensen Health and Rehabilitation Center  has not obtained substantial compliance with the deficiencies issued pursuant to our extended survey, completed on February 10, 2016. The deficiencies not corrected are as follows:

FTag 282, F 282, 42 CFR 483.20(k)(3)(ii) Services By Qualified Persons/per Care Plan

FTag 314, F 314 , 42 CFR 483.25(c) Treatment/Services To Prevent/heal Pressure Sores

The most serious deficiencies in the facility  were found to be isolated deficiencies that constituted actual harm that was not immediate jeopardy (Level G), as evidenced by the attached CMS-2567, whereby corrections were required.

As a result of the revisit findings, the Category 1 remedy of state monitoring remained in effect.

In addition, this Department recommended to the CMS Region V Office the following actions related to the imposed remedies in their letter of March 7, 2016:

Discretionary denial of payment for all Medicare and Medicaid admissions effective April 10, 2016, remain in effect.

Click here for the rest of the May 12, 2016 survey.

For more information from the Minnesota Department of Health, inspection surveys and reports, website, which usually has the most recent survey and the one taken before that.

To speak with an Attorney Kenneth LaBore concerning elder abuse or neglect or related injuries call his direct number 612-743-9048 or by email to KLaBore@MNnursinghomeneglect.com.

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Lakeside Medical Center on Special Focus Facility List Due to Deficiencies

Written By: Kenneth LaBore | Published On: 7th January 2017 | Category: Facilities - Nursing Homes, Nursing Home Abuse and Neglect, Nursing Home Care Issues | RSS Feed
Numerous Quality of Care Deficiencies Lead to Placement of Lakeside Medical Center in Pine City on CMS Medicare Special Focus Facility List

Numerous Quality of Care Deficiencies Lead to Placement of Lakeside Medical Center in Pine City on CMS Medicare Special Focus Facility Iniative List

Information About Lakeside Medical Center

Name: LAKESIDE MEDICAL CENTER
Address: 129 SIXTH AVENUE SE
PINE CITY,  MN  55063
Phone: 320-629-2542   Fax: 320-629-1093
Administrator: MR. MAX BLAUFUSS
Minnesota Classifications: (Housing With Services)   (Assisted Living Services)

Survey Results from Lakeside Medical Center

Results from a survey dated August 18, 2016, indicated that Lakeside Medical Center had  deficiencies which were severe enough to place them on dubious list of special focus facility list of nursing homes with high numbers of serious deficiencies.

Under federal FTag F225, 42 CFR 483.13(c)(1)(ii)-(iii), (c)(2)-(4), the facility must not employ individuals who have been found guilty of abusing, neglecting, or mistreating residents by a court of law, or have had a finding entered into the State nursing aide registry concerning abuse, neglect, maltreatment of residents or misappropriation of their property; and report any knowledge it has of actions by a court of law against an employee, which would indicate unfitness for service a nurse aide or other facility staff to the State nurse aide registry or licensing authorities.

The facility must ensure that all alleged violations involving mistreatment, neglect or abuse, including injuries of unknown source and misappropriation of resident property are reported immediately to the administer of the facility and to other officials in accordance with established procedures (including to the State survey and certification agency).

The facility must have evidence that all alleged violations are thoroughly investigated, and must prevent further potential abuse while the investigation is in progress.

The results of all investigations must be reported to the administrator or his designated representative and to other officials in accordance with State law (including to the State survey and certification agency) within 5 working days of the incident, and if the alleged violation is verified appropriate corrective action must be taken.

According to the Department of Health and Human Services Lakeside Medical Center, determined that above requirement was not met evidenced by: based on interview and document review, the facility failed to ensure alleged violations of mistreatment were identified and immediately reported to the administrator and state agency and investigated regarding scolding and rude treatment of 1 of 4 residents reviewed for abuse.

Lakeside Medical Center was also obligated under federal FTag F 226, 42 CFR 483.13(c), which states that the facility must develop and implement written policies and procedures that prohibit mistreatment, neglect, and abuse of residents and misappropriation of resident property.

It was determined that Lakeside Medical Center the above requirement was not met as evidenced by: based on interview and document review, the facility failed to ensure implementation of written policies and procedures related to identification and immediate reporting to the state agency regarding potential abuse for 1 of 4 residents reviewed for abuse.

Click here for the rest of the August 18, 2016 survey.

For more information from the Minnesota Department of Health, inspection surveys and reports, website, which usually has the most recent survey and the one taken before that.

To speak with an Attorney Kenneth LaBore concerning elder abuse or neglect or related injuries call his direct number 612-743-9048 or by email to KLaBore@MNnursinghomeneglect.com.

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Medical Foster Homes a Nursing Home Alternative in Minneapolis

Written By: Kenneth LaBore | Published On: 22nd November 2014 | Category: Facilities - Nursing Homes, Home Health Care, Housing With Services Care Issues | RSS Feed
Elderly Gentleman, Veteran, Nursing Home Resident

Elderly Gentleman, Veteran, Nursing Home Resident, Medical Foster Homes

Medical Foster Homes Are Option For Some

There are many nursing homes throughout Minneapolis and St. Paul. It may be fair to say that all of them have veterans living within them they called medical foster homes.

The reason why veterans live in nursing homes is because living at home can become too difficult for them. The one way that they are able to get the care that they need is by receiving care in nursing homes and other institutions.

Minneapolis Medical Foster Homes

But Minneapolis has something a bit different for veterans and they are called “Medical Foster Homes.”

In these homes, veterans are able to live with skilled families that are very loving. These homes are state licensed and inspected by the VA. The family provides the veteran’s daily care with the assistance of health care professionals.

A major difference is the amount of personal involvement that the families have in the veterans that they house. This reduces the chances of there being any sort of negligence or physical or elder sexual abuse. The families within these homes are also able to handle the responsibility, as they have very few individuals to take care of.

One Korean War veteran chose to enter a medical foster home. Like many other veterans, he likes to reminisce over photos from the time he served. He said he had some good memories of his time serving and that there were some rather nice ports that he visited.

Of course, his life has changed a lot since then.

Being someone with medical problems and no family, he was forced into nursing homes. When he heard about Medical Foster Homes, he was ready to give it a try. He says it is very interesting having a family.

The family receives help from the VA staff in ensuring the veteran and the other veterans in the program receive individualized care.

One caregiver was noted as saying that out of all of the careers she has had in the past, this is the only one that makes her feel as if she is making a difference in someone’s life. She compares it to being in a blended family.

For veterans that do have families, there is an open door policy that welcomes them.

One woman said she was going downhill while she was being cared for in her home. Her sister would come visit her and help take care of her when possible, but the 5 ½ hour drive one way was a bit overwhelming. Placing the woman in a Medical Foster Home resulted in improved care and a better quality of life. Before she moved into the home, she weighed just less than 70 pounds and is now over 100 pounds.

So far, the Minneapolis VA Medical Foster Home Program has 22 homes with at least three veterans living in each home. This is the largest program of its kind in the country.

There is a monthly fee that has to be paid in order to stay in a Medical Foster Home. This fee is paid with a combination of the veteran’s Social Security, VA and private income. The result is their housing, food, and basic needs being taken care of every single day.

Report Suspected Abuse and Neglect in Medical Foster Homes

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 any 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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Falls in Nursing Homes are Often Preventable

Written By: Kenneth LaBore | Published On: 6th June 2013 | Category: Facilities - Nursing Homes, Fall Injuries, Wrongful Death | RSS Feed
Prevent Falls, Fractures and Head Injuries - Falls in Nursing Homes

Prevent Falls, Fractures and Head Injuries – Falls in Nursing Homes

Falls in Nursing Homes – Unnecessarily Commonplace

There are many forms of elder abuse and neglect in nursing homes usually due to a shortage of well trained staff and a lack of management oversight.  Many common forms of elder abuse in nursing homes and other elder care facilities are medication errors, urinary tract infection, pressure sore / bed sores, sexual abuse, infections and others.  The most common form of abuse and neglect in nursing home I see in my practice is falls, most of which were preventable had the nursing home had enough competent staff and followed safety procedures for the residents including assessing the residents for fall risks, and taking appropriate fall interventions to prevent incidents from occurring.  Many of the serious injuries due to falls in nursing homes are a result of head injury, hip fracture or some other serious internal injury.

It is essential that the nursing home have well trained nursing or physician staff available to assess and monitor residents who have fallen (sometimes on their own).  The facility and staff are often neglectful in taking vital signs, and noticing changes in a resident’s condition after a fall event.  In the event of a serious internal injury such as a subdural hematoma other trauma the resident may have a short period of time to have the appropriate medical intervention to save their lives.

Falls in Nursing Homes Often Lead to Preventable Death of Residents

Many Minnesota Nursing Home Wrongful Death Attorney cases are related to fall events are due to the lack of post fall interventions, in that efforts sometimes as easy as calling “911” were never taken on the resident’s behalf.   After a fall the resident should be fully assessed and monitored looking for any change in the condition where the facility is then legally responsible to notify the resident’s physician, family and should take action to protect the vulnerable resident.

Report Falls in Nursing Homes to Adult Protection

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.

Common Types of Injuries from Falls in Nursing Homes

Here are some summaries on various topics related to nursing home falls and fractures and head injuries often leading to death:

Head Injuries

Subdural Hematoma

Hip Fractures

Femur Fractures

Patient Lift Injuries

Wrongful Death from Falls

Fractures from Falls

Falls from Wheelchairs

Falls in Bathroom

Falls in Shower

Falls from Bed

Nursing Home Neglect Fractures

If you have concerns about fall injuries 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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Woman Wanted No Intervention From Nursing Home to Prevent Death

Written By: Kenneth LaBore | Published On: 27th March 2013 | Category: Facilities - Nursing Homes, Failure to Provide CPR, Patient Rights, Wrongful Death | RSS Feed
Lack of Intervention - Failure to Provide CPR Contributes to Resident Death

Lack of Intervention – Failure to Provide CPR Contributes to Resident Death

What Intervention is Appropriate to Attempt to Prevent Death?

In an incident that has raised eyebrows, the family says that their family member who passed away while living in a nursing home didn’t want intervention.

In an incident where a nurse within a nursing home facility refused to comply with the pleas of a 911 operator to give a dying woman CPR, the family has come forward and said that the woman didn’t want CPR or any other intervention. The nurse had been questioned about the incident and a lot of outrage occurred because of this.

However, the family of the woman who died has expressed satisfaction with the nurse’s decision to not perform CPR because they said that’s what the woman’s wishes were. They said their loved one wanted to die naturally.

At the same time, the facility owner says that its employee did not follow proper procedures.

The death of a resident caused an uproar because of a 7-minute recording of the 911 call that was made. Initially, the facility owner said that the employee did the right thing by waiting until the emergency workers arrived at the care facility. It did a complete 180 degree turn when it issued a new statement in early March that said the employee had misunderstood the procedure and was on leave while an investigation took place.

Report Suspected Neglect – Failure to Provide Intervention CPR

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 failure to provide CPR or any other form of elder abuse or neglect contact Minnesota Elder Abuse Attorney Kenneth LaBore toll free at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

Disclaimer

Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota Toll Free 1-888-452-6589

Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota Toll Free 1-888-452-6589

 

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Families Want Voices Heard in Nursing Home Complaint Inquiries

Written By: Kenneth LaBore | Published On: 27th March 2013 | Category: Admission and Discharge Issues, Department of Health Complaint, Facilities - Nursing Homes | RSS Feed
Minnesota Department of Health MDH, Needs to Carefully Investigate Each Nursing Home Complaint

Minnesota Department of Health MDH, Needs to Carefully Investigate Each Nursing Home Complaint

Each Nursing Home Complaint Needs to Be Investigated Thoroughly

A state agency is taking care of the nursing home complaint of relatives who say that investigations of care facilities and nursing homes have been giving them no information.  In one case, a woman received a letter in 2011 from state health investigators that said her mother had had a stroke at an assisted-living facility and died. She then wondered if they even reviewed the nursing home complaint / case.

The woman said she was never formally interviewed by investigators, even when they found her mother convulsing from the severe stroke. No one was ever in any sort of trouble over the incident and she says that investigators didn’t seem too concerned when she tried to bring some information to their attention.

Now this woman has been on a mission to make the state agency even stricter toward health care facilities and to give the public some say so in matters involving their loved ones.

The woman feels that the agencies do not see the families as reliable sources of information. Instead, she feels that the agencies look at the facilities as the only sources of information. This has made the state Health Department and the Office of Health Facility Complaints targets because they regulate the more than 2,000 facilities in the states. They have received over 12,000 complaints every year and about 1,000 of them are investigated. One in four of these facilities are found to have committed violations.

For the updated information from the MDH report click here

A victory was scored in February when it was acknowledged by state health officials that a policy changed needed to be made to make sure families had a part in state investigations. New policy requires investigators to interview the relatives of vulnerable adults involved in care facility complaints. This allows the agencies to communicate with the families and to make sure they receive copies of completed investigations.

The new policy has been applauded because it is said that the investigators do “fall short’ at times when making sure they have collected all of the information they need. It is also said that staff resources are at play rather than a bias toward the care industry or the facility. However, the care industry has been reported as saying that they don’t believe the state agencies are keeping their interests in mind. They don’t believe they have been overly friendly as has been reported by patient family members because they are subject to so many investigations.

The problem, however, has been that information has been omitted in investigations when they have been done. This has something to do with shortened public reports due to a policy change a number of years ago. The policy change was put in place to limit the amount of time investigators had to spend doing paperwork, which made the reports easier to read. In recent months, even the dates of incidents have been omitted in order to keep the information from the media and to also keep them from contacting the families of people who have been injured in care facilities.

To contact Attorney Kenneth L. LaBore, directly please send an email to: KLaBore@MNnursinghomeneglect.com, or call Ken at 612-743-9048 or toll free at 1-888-452-6589.

Disclaimer

Nursing Home Abuse and Neglect Lawyer Kenneth LaBore Offers Free Consultations and Serves Clients Throughout the State of Minnesota Call Toll Free at 1-888-452-6589

Nursing Home Abuse and Neglect Lawyer Kenneth LaBore Offers Free Consultations and Serves Clients Throughout the State of Minnesota Call Toll Free at 1-888-452-6589

 

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Failure to Provide CRP to Nursing Home Resident

Written By: Kenneth LaBore | Published On: 16th March 2013 | Category: Caregivers Resources, Choking Asphyxiation Unable to Breath, Facilities - Nursing Homes, Nursing Home Abuse and Neglect, Nursing Home Care Issues | RSS Feed
Death After Failure to Provide CPR

Death Can Occur After Failure to Provide CPR to a Nursing Home Resident

Facility and Provider Compliance – Failure to Provide CPR to Nursing Home Resident

Failure to provide CPR to nursing home resident.  As an attorney who handles nursing home abuse and neglect cases in Minnesota, I can attest that many cases of serious injury or death occur when the staff of a nursing home is not trained on how to handle both emergencies and gradual changes in condition which are signs of a injury, decline or medical complication.  I have reviewed records that supported a delay or failure to provide CPR to nursing home resident in many cases.

To participate in the Medicare and Medicaid programs, nursing homes must be in compliance with the federal requirements for long term care facilities as prescribed in the U.S. Code of Federal Regulations (42 CFR Part 483).

Under the regulations, the nursing home must have sufficient nursing staff. (42 CFR § 483.30)

Accidents. The facility must ensure that—

(1) The resident environment remains as free of accident hazards as is possible; and
(2) Each resident receives adequate supervision and assistance devices to prevent accidents. (42 CFR § 483.25 (h))

According to federal regulation 42 CFR § 483.20, resident assessment. The facility must conduct initially and periodically a comprehensive, accurate, standardized, reproducible assessment of each resident’s functional capacity.

(a) Admission orders. At the time each resident is admitted, the facility must have physician orders for the resident’s immediate care.
(b) Comprehensive assessments—(1) Resident assessment instrument. A facility must make a comprehensive assessment of a resident’s needs, using the resident assessment instrument (RAI) specified by the State.

Although, efforts are made to make accurate links and relayed information, these blogs are examples of neglect and other issues, please double check all information at: MDH Website

This website is not intended to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation.

If you or a loved one has suffered an injury from neglect or abuse, including a failure to provide CPR to a nursing home, please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact Attorney Kenneth L. LaBore, directly please send an email to KLaBore@MNnursinghomeneglect.com or call Ken at 612-743-9048.

Disclaimer

Nursing Home Abuse and Neglect Lawyer Kenneth LaBore Offers Free Consultations and Serves Clients Throughout the State of Minnesota Call Toll Free at 1-888-452-6589

Nursing Home Abuse and Neglect Lawyer Kenneth LaBore Offers Free Consultations and Serves Clients Throughout the State of Minnesota Call Toll Free at 1-888-452-6589

 

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Nursing Home Worker Accused of Neglect in Patient Death

Written By: Kenneth LaBore | Published On: 26th February 2013 | Category: Facilities - Nursing Homes, Nursing Home Abuse and Neglect | RSS Feed
Nursing Home Neglect - Patient Death After Failure to Provide CPR

Nursing Home Neglect – Patient Death After Failure to Provide CPR

Nursing Home Worker Accused of Patient Death After Failure to Provide CPR

A former nursing home employee is accused of neglect lead to a patient death. The patient died in a bathroom after they were not given CPR and 911 was not called. This information is according to the Minnesota Department of Health.

The incident occurred in 2012. A patient was admitted to the facility after being in the hospital for five days for breathing issues. The patient was said to have chronic obstructive pulmonary disease. The patient also had a “Do Resuscitate” order in place, which meant that the caretakers were to try and revive the patient if they were not breathing or there was no pulse.

Shortly after admission into the facility, the resident went to the bathroom and was not responsive. The employee accused of neglect was called to the room, but that employee did not initiate CPR or call 911. Documents state that the reason why the worker did not initiate life saving measures was because the employee was “tired and not thinking clearly” due to working the night shift.

The worker resigned from the facility after the incident and during questioning by the administrative nurse. A report concluded that the death of the resident was due to the neglect of the employee.

As of yet, the Health Department has not revealed the identities of the individuals involved, nor did they state exactly when the alleged neglectful act occurred.

For the updated information from the MDH report click here

When interviewed by the administrative nurse, the former employee stated that he knew that certain action should have been taken, but cited not thinking clearly. The investigation also found that there was no neglect on the part of the nursing home.

To contact Attorney Kenneth L. LaBore, directly please send an email to: KLaBore@mnnursinghomeneglect.com, or call Ken at 612-743-9048 or toll free at 1-888-452-6589.

Disclaimer

Nursing Home Abuse and Neglect Lawyer Kenneth LaBore Offers Free Consultations and Serves Clients Throughout the State of Minnesota Call Toll Free at 1-888-452-6589

Nursing Home Abuse and Neglect Lawyer Kenneth LaBore Offers Free Consultations and Serves Clients Throughout the State of Minnesota Call Toll Free at 1-888-452-6589

 

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