Federal Requirements for Long Term Care Facilities

Federal Requirements for Nursing Homes and Long Term Care Facilities

Federal Requirements for Nursing Homes and Long Term Care Facilities

Federal Requirements for Long Term Care Facilities

The federal requirements and regulations for long term care facilities also known as nursing homes are contained at 42 CFR 483.   Each regulation sets for the minimum standard of care which is then inspected by the Center for Medicaid Service and Minnesota Department of Health in surveys or complaint investigations.

Most form of elder abuse and neglect is preventable with proper care and sufficient numbers of well-trained staff. Residents are required to receive the best care practicable according to their needs and care plan.

There are also Minnesota state nursing home and other elder care provider regulations. The MDH website offers information about selection of facilities, rules, regulations and training.

Here are the Nursing Home Reform Act Requirements for Long Term Care Facilities

These requirements for long term care facilities set the standard of care for the facility, staff and medical providers. The federal statute includes, but is not limited to, vision and hearing, skin integrity, pressure ulcers, foot care, mobility, accidents, incontinence care, bed-rails, pain management and more:

42 CFR 483

§ 483.1 Basis and scope.

§ 483.5 Definitions.

§ 483.10 Resident rights.

§ 483.12 Freedom from abuse, neglect, and exploitation.

§ 483.15 Admission, transfer, and discharge rights.

§ 483.20 Resident assessment.

§ 483.21 Comprehensive person-centered care planning.

§ 483.24 Quality of life.

§ 483.25 Quality of care.

§ 483.30 Physician services.

§ 483.35 Nursing services.

§ 483.40 Behavioral health services.

§ 483.45 Pharmacy services.

§ 483.50 Laboratory, radiology, and other diagnostic services.

§ 483.55 Dental services.

§ 483.60 Food and nutrition services.

§ 483.65 Specialized rehabilitative services.

§ 483.70 Administration.

§ 483.73 Emergency preparedness.

§ 483.75 Quality assurance and performance improvement.

§ 483.80 Infection control.

§ 483.85 Compliance and ethics program.

§ 483.90 Physical environment.

§ 483.95 Training requirements.

Contact Minnesota Attorney With Questions

Contact us for a free consultation by phone or in person. We serve the entire state of Minnesota.

If you have any questions about injury or assault or care provided at a nursing home or other type provider such as assisted living or memory care, contact Nursing Home Neglect and Abuse Lawyer Kenneth LaBore, toll free at 1-888-452-6589 or 612-743-9058 or by email at KLaBore@MNnursinghomeneglect.com.

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Nursing Home Abuse and Neglect Lawyer Kenneth LaBore Offers Free Consultations and Serves Clients Throughout the State of Minnesota Call Toll Free at 1-888-452-6589
Nursing Home Abuse and Neglect Lawyer Kenneth LaBore Offers Free Consultations and Serves Clients Throughout the State of Minnesota Call Toll Free at 1-888-452-6589
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Competent Staff in Nursing Homes is Required by Federal and State Law

Nursing Home Must Hire and Train Competent Staff and Nurses
Nursing Home Must Hire and Train Competent Staff and Nurses

Competent Staff in Nursing Homes is a Federal Mandate

Minnesota law requires that a nursing home must have on duty at all times a sufficient number of qualified nursing personnel, including registered nurses, licensed practical nurses, and nursing assistants and other competent staff necessary to meet the needs of the residents at all nurses’ stations, on all floors, and in all buildings if more than one building is involved.  This includes relief duty, weekends, and vacation replacements.

Minnesota Rule 4658.0015 states that a nursing home must operate and provide services in compliance with all applicable federal, state, and local laws, regulations, and codes, and with accepted professional standards and principles that apply to professionals providing services in a nursing home.

Minnesota Rule 4658.0105 mandates that a nursing home must ensure that direct care staff are able to demonstrate competency in skills and techniques necessary to care for residents’ needs, as identified through the comprehensive resident assessments and described in the comprehensive plan of care and are able to perform their assigned duties.

According to federal regulation, 42 CFR §483.25 (h), 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.

Minnesota Statute 626.5572, Subd. 3.  Accident.

Accident” means a sudden, unforeseen, and unexpected occurrence or event which:

(1) is not likely to occur and which could not have been prevented by exercise of due care; and (2) if occurring while a vulnerable adult is receiving services from a facility, happens when the facility and the employee or person providing services in the facility are in compliance with the laws and rules relevant to the occurrence or event.

Competent Staff Nursing and Medical – Report Suspected Neglect and Abuse

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

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Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota Toll Free 1-888-452-6589
Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota Toll Free 1-888-452-6589
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Heritage of Edina Fall Died 2 Days Later

Heritage of Edina Fall with Head Injury
Heritage of Edina Fall with Head Injury

In a report from the Minnesota Department of Health a resident at Heritage of Edina fall incident leads to death of resident 2 days later. The resident was found lying on the ground in the patio located next to his apartment. The resident was admitted to the hospital and passed away two days later due to head injury.

Head Injury After Fall at Heritage of Edina

The report continues that Heritage of Edina was responsible for maltreatment. While the AP (alleged perpetrator) did not provide safety checks the time the resident left the building and fell outside is unknown and the impact of the missed safety checks cannot be determined. Additionally, the facility to ensure its fire exit door from the secured building would alarm and alert staff members if a resident left the building. When the next shift found the resident outside with a head injury from a fall, he was sent to the hospital where he died 2 days later.

Safety Checks of Resident Not Performed

During an interview, the director stated the resident was found outside the facility in the garden area. Although the hallway, had a camera, it was dark, and the resident was not recorded leaving the building. It was unknown how long the resident had been outside. While the resident had a functional wander guard, it did not work on the malfunctioning fire exit door, so the maintenance team had since changed the battery. The director did not know when the fire door had been last checked prior to this incident. She stated the resident was on hourly safety checks, but the caregiver assigned to him this shift said he did not know he was responsible for him. She said unlicensed caregivers are provided two books to review with the necessary cares and the caregiver may not have reviewed his assignment for the shift.

The MDH determined that neglect was substantiated.

Minnesota Now Offers Victims of Wrongful Death More Accountability

Minnesota recently changed the law now allowing for survivorship of injury claims after death and pain and suffering as part of wrongful death claims. For a free consultation with an experienced wrongful death attorney who gets results, call Kenneth L. LaBore at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.

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Suite Living Senior Living Bedrail Death

Suite Living Senior Care Bedrail Death
Suite Living Senior Care Bedrail Death

Bedrail Strangulation at Assisted Living

According to a substantiated MDH report Suite Living Senior Living bedrail death was substantiated as neglect. The report states the facility neglected a resident when they failed to reassess a bedrail consistent with the manufacturer’s recommendations for monitoring and the resident became trapped and died.

State Investigation on Entrapment

The report continues that the Minnesota Department of Health determined that neglect was substantiated. The facility was responsible for the maltreatment. The facility was responsible for the maltreatment. The facility failed to have a system in place that included ensuring bedrails were securely attached with spaces small enough between the mattress and bedrails to prevent entrapment. The facility failed to follow the recommended guidelines for the measuring zones (open space) of potential entrapment areas for entrapment and failed to monitor the bedrails for increased space in the zones, due to use.

The report states that the cause of death was positional asphyxia, due to her head being wedged between the bedrail and mattress. In conclusion, neglect is substantiated by MDH.

Contact Us to Discuss Your Concerns

Our firm has handled hundreds of of wrongful death cases in the past including preventable asphyxia. These are preventable incidents with proper assessment, intervention and monitoring.

If you have concerns about wrongful death or other neglect and abuse contact Attorney Kenneth LaBore for a free consultation at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.

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Lino Lakes Assisted Living Wound Monitoring

Lino Lakes Assisted Living Wound Monitoring
Lino Lakes Assisted Living Wound Monitoring

Failure to Monitor Wound at Assisted Living Facility

According to the MDH, Lino Lakes Assisted Living wound monitoring substantiated complaint, it was alleged that the facility failed to complete wound monitoring and assessments. The resident’s wound became infected, and the resident became septic (a life-threatening medical emergency related to an extreme response to an infection).

Failure to Oversee Wound Management Services

The Minnesota Department of Health determined neglect was substantiated. The facility was responsible for the maltreatment. The facility failed to ensure appropriate monitoring and oversight for the resident’s wound care. Although the facility refers wound care management to external home care agencies, the facility did not oversee wound management services to ensure the resident’s wound care was being managed. Eventually, the resident required hospitalization, antibiotics, and surgical intervention.

The MDH report continues that during the interview, the registered nurse (RN) stated she was not aware the resident had an order for wound care, but there has to be some home care documentation on it being done.

Contact Us to Discuss Your Concerns About Wound Care

If you wish to have a free consultation about wound monitoring, pressure sores or any other form of elder abuse contact Attorney Kenneth LaBore at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.

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Understanding New Minnesota Wrongful Death Law

Understanding New Minnesota Wrongful Death Law
Understanding New Minnesota Wrongful Death Law

All Damages Including Pain and Suffering Now Available

Finally, thankfully, the law in Minnesota now protects victims – understanding new Minnesota wrongful death law is now easier. As of May 20, 2023, the law now allows for all damages suffered by the decedent resulting from the injury prior to the decedent’s death.

Pain and Suffering are Now Part of a New Minnesota Wrongful Death Law

According to the modified statute, Minn. Stat. 573.02, Subd. 1., (To view see: This is the final conference committee report on Judiciary and Public Safety. Survivorship is found on page 429 starting at line 16.  The conference committee report for SF 2909 was posted to the web on 05/12/23 02:33 AM, and can be viewed here), the substantive changes to the law are in the recovery of the action section wherein it states now: “The recovery in the action is the amount the jury deems fair andjust in reference to for all damages suffered by the decedent resulting from the injury prior to the decedent’s death and the pecuniary loss resulting from the death, and shall be for the exclusive benefit of the surviving spouse and next of kin, proportionate to the pecuniary loss severally suffered by the death. [stricken provisions and new provisions included].

Injury Claims Now Survive After Death of Decedent

In addition to allowing all damages suffered by the decedent for wrongful death, the new version of the statute was amended in 573.02, Subd. 2, “Injury action. When injury is caused to a person by the wrongful act or omission of any person or corporation and the person thereafter dies from a cause unrelated to those injuries, the trustee appointed in subdivision 3 may maintain an action for special damages all damages arising out of such injury if the decedent might have maintained an action therefor had the decedent lived. An action under this subdivision may be commenced within three years after the date of death provided that the action must be commenced within six
years after the act or omission.
[stricken provisions and new provisions included].

New Peacetime Emergency Statute of Limitations

There is a new provision that deals with the Peacetime Emergency Injury Action statute of limitations in Minn. Stat. 573.021 which states that there is a one year statute for health care providers meaning physician, surgeon, dentist, occupational therapist, or other health care professional as defined in section 145.61, assisted living facility licensed under chapter 144G, long-term care facility licensed under chapter 144A, hospital or treatment facility for claims brought under a peacetime emergency against a health care provider alleging malpractice, error, mistake, or failure to cure regarding treatment, transmission, or vaccination related to the infectious disease. The claim must be filed within one year of the death of the former patient or resident if neglect occurred during peacetime emergency.

According to the statute, the changes to Minn. Stat. 573.02 are effective the day following its enactment so effective as of May 20, 2023. The changes in the law applies to causes of action pending on or commenced on or after that date.

The New Minnesota Wrongful Death Law Will Help Get Accountability

Hire an experienced wrongful death attorney who has handled hundreds of wrongful death cases for Minnesotan families. It is essential that the supporting evidence is documented in the medical records, expert reports and other related documents and testimony to establish the necessary elements of the claims for pain and suffering and emotion distress. Hire an attorney that knows how hold negligent parties accountable and maximize recovery to the family.

Minnesota Nursing Home Wrongful Death Attorney Knows Hold the Facility Accountable

Minnesota Nursing Home Wrongful Death Attorney Kenneth LaBore is familiar with Minnesota wrongful death law and can help your family get the maximum recovery.  Equally important, he knows how to hold the facility accountable by seeking fundamental changes in the facility such as increased training, changes in policies and procedures, etc., to ensure a similar event does not happen to others. See my article on pain and suffering and the New Minnesota Wrongful Death Law.

More Information New Minnesota Wrongful Death Law

WRONGFUL DEATH STATUTE OF LIMITATIONS

DO INJURY CLAIMS SURVIVE AFTER DEATH?

WRONGFUL DEATH CAPTION OF LAWSUIT

WRONGFUL DEATH APPOINTMENT OF TRUSTEE WHO CAN FILE LAWSUIT?

WHO IN FAMILY MUST BE GIVEN NOTICE OF INTENTION TO BRING CLAIM?

CAN COURTS TRANSFER WRONGFUL DEATH ACTION IN MINNESOTA?

HOW ARE PROCEEDS FROM WRONGFUL DEATH LAWSUIT DISTRIBUTED?

Information About Wrongful Death Injuries

Call Kenneth L. LaBore for a free consultation. He has handled hundreds of nursing home abuse, neglect and wrongful death cases and is willing to discuss your concerns free of charge in an initial consultation.  If someone you love has died as a result of abuse or neglect in a nursing home, then contact Kenneth LaBore locally at 612-743-9048 or call his direct toll free number 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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Whittier Place Sexual Assault

Whittier Place Sexual Abuse
Whittier Place Sexual Abuse

Staff Member – Sexual Assault of Resident at Whittier Place

In a report from the MDH it is alleged that Whittier Place sexual assault occur between resident and staff member. The alleged perpetrator (AP), a facility staff, abused a resident when the AP had sex with the resident on several occasions.

MDH Substantiated Sexual Abuse

The resident lived in an assisted living facility with diagnoses including autism, depression, and post-traumatic stress disorder. The resident’s service plan included assistance with medication administration, mental health management of anxiety, agitation, and self-injurious behaviors. The resident’s individual abuse prevention plan indicated the resident was susceptible to sexual abuse.

During an interview, a staff stated she and several co-workers had concerns about the interactions between the AP and the resident. The staff stated she observed them playing, joking, and laughing in a manner that lacked a professional tone. The staff stated she spoke with the resident, who told her the resident and AP had a physical relationship, had spent a night together in a hotel, as well as in the facility. The staff reported the information to the manager.

A review of the messages between the AP and the resident confirmed sexual contact, and that AP created a story to “lie our way out of this”.

The Minnesota Department of Health stated “in conclusion, abuse is substantiated”.

Contact Us to Discuss Your Concerns

If you have concerns about sexual assault or other neglect and abuse contact Attorney Kenneth LaBore for a free consultation at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.

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Lino Lakes Assisted Living Wound Care

Lino Lakes Assisted Living Wound Care
Lino Lakes Assisted Living Wound Care

Issues with Resident’s Wounds Worsening

It is alleged that Lino Lakes Assisted Living wound care was not appropriate. MDH alleges the facility neglected a resident when they failed to monitor and assess the resident’s wounds. The resident developed sepsis and was hospitalized.

Neglect Substantiated

The Minnesota Department of Health determined neglect was substantiated. The facility was responsible for maltreatment. The resident had multiple wounds and the facility failed to assess, monitor, and provide necessary care to promote healing and/or prevent worsening of the resident’s wounds. The resident’s wounds worsened resulting in exposed bone and tendon between third and fourth toes.

The resident’s medical record indicated the resident was sent to the emergency room, received antibiotics, and was discharged to a skilled nursing facility for a higher level of care.

The resident’s facility medical record contained no nursing assessment, interventions or monitoring of the resident’s wound.

During and interview with the MDH a facility nurse stated the resident had previous orders for an antibiotic and an X-ray of his foot that were not implemented timely. The nurse stated the orders were faxed to the pharmacy and the X-ray company, but nursing staff did not follow up to ensure the orders were received and / or implemented. The nurse indicated the orders were not entered into the resident’s medical record. The nurse stated she does not have time to complete wound rounds or assessments due to a nursing staff shortage at the facility.

Contact Us to Discuss Your Concerns

If you have concerns about wound care, wrongful death or other neglect and abuse contact Attorney Kenneth LaBore for a free consultation at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.

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Diamond Willow Resident Death

Diamond Willow Fall Injury
Diamond Willow Fall Injury

Death After Fall at Diamond Willow

In a report from the MDH, it was alleged that a Diamond Willow resident was neglected when they did not prevent falls.

The Minnesota Department of Health determined neglect was substantiated. The facility was responsible for the maltreatment. The resident had multiple falls with injury and the facility failed to investigate the cause, reassess the resident and implement new fall interventions after each fall. In addition, during the investigation, it was determined the resident eloped from the facility and the event was not documented. The facility failed to investigate the incident, assess the resident, and implement elopement interventions. After the resident’s fourth documented fall, the resident died three weeks later due to falls, rib fractures and dementia….

The resident’s death record indicated the cause of death was rib fractures and falls. The secondary cause was Lewy body’s dementia and hypertension.

The facility policy regarding falls indicated with each fall, the staff will complete an incident report, the nurse will conduct a post fall analysis, conduct an assessment and implement new interventions to prevent reoccurrence….

During an interview with a nurse, she stated [to the MDH], she started the month prior to the resident passing away. The nurse stated she identified many training needs.

In conclusion, the Minnesota Department of Health determined neglect was substantiated.

Contact Us to Discuss Your Concerns

If you have concerns about wound care, wrongful death or other neglect and abuse contact Attorney Kenneth LaBore for a free consultation at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.

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Shakopee Benedictine Living Community

Shakopee Benedictine Living Community Ulcer Wounds
Shakopee Benedictine Living Community Ulcer Wounds

Ulcers on Resident at Shakopee Benedictine

According to a MDH report alleging that Shakopee Benedictine Living Community neglected a resident when the resident developed a sacral pressure ulcer and necrotic tissue on his fingers, toes and penis. The resident subsequently died.

The Minnesota Department of Health determined neglect was substantiated. The facility was responsible for the maltreatment of. The facility failed to ensure appropriate monitoring and oversight for the residents wound care. Although an external home care agency was referred to provide wound management services to the resident, the home care agency never opened the resident to services. The facility did not oversee wound management services to ensure the resident’s wound care was being managed, not updated assessments of the resident’s wounds and skin completed by the facility. The resident was hospitalized and died.

The resident’s death record indicated the cause of death was non-healing ulcers of multiple sites of lower extremity. During interview a facility nurse stated she did not know if the facility nurses provided wound care for the resident. The nurse was aware the resident had wounds, but she had never seen them. The nurse stated the resident wounds were managed solely by a home care agency and the agency assumed full responsibility for wound management. The facility did not maintain wound care records.

When interviewed a home care agency nurse stated the resident did not receive homecare services for wound care because the resident was referred to hospice services. Shortly after, the agency was then notified the resident declined to enroll in hospice. When a home care nurse returned to the facility to discuss services with the resident, the resident decline home care. The nurse confirmed the resident was never opened to services with the home care agency, and never received, wound care from the home care agency. There was no documentation from the facility to indicate the resident’s physician was notified regarding wound care not being completed.

Contact Us to Discuss Your Concerns

If you have concerns about wound care, wrongful death or other neglect and abuse contact Attorney Kenneth LaBore for a free consultation at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.

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Eyes Glued at the Sanctuary at St Cloud

The Sanctuary at St Cloud – Resident Taken to Hospital After Superglue Placed into Eyes in Error

According to a report from the Minnesota Department of Health, the alleged perpetrator (AP), a facility staff at The Sanctuary at St Cloud, neglected a resident when the AP administered superglue into both of the resident’s eyes instead of eye drops. The resident required treatment at a hospital.

Super Glue to Resident’s Eyes

The Minnesota Department of Health determined neglect was substantiated. The facility was responsible for the maltreatment. The facility was aware the AP required additional training regarding medication administration and proper identification of medication labels. However, facility staff failed to ensure the Ap was trained and competent to administer medications. The AP was scheduled independently to administer medications and dispensed superglue into the resident’s eyes instead of eye drops.

The Sanctuary at St Cloud Staff Error

During an interview, the resident stated the morning of the incident was the first time the AP gave her medications and eye drops without another staff person present and the resident told the AP to slow down. The resident stated after the superglue was put in the resident’s eyes they were glued shut. The resident preferred the AP no longer provide care for the resident and stated she felt safe living at the facility.

Contact Us With Your Concerns

If you have questions or concerns about elder abuse or neglect contact attorney Kenneth LaBore for a free consultation at 612-743-9048 or send an e-mail to KLaBore@MNnursinghomeneglect.com.

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Sexual Assault at Regent at Burnsville

Resident Assaulted at Regent at Burnsville

In a report from the Minnesota Department of Health it is alleged that an alleged perpetrator (AP), a staff member from Regent at Burnsville sexually abused the resident when he fondled the resident’s genitals with digital penetration.

Regent at Burnsville Investigated

The Minnesota Department of Health determined the abuse was substantiated. The AP was responsible for the maltreatment. Video footage showed the AP was digitally penetrate the resident’s vagina and showed the AP rub the resident’s external genitals vigorously.

The investigator conduted interviews with facility staff members, including administrative staff, nursing staff, and resident’s family. The AP declined an interview. The investigator contacted law enforcement and reviewed the law enforcement report. The investigation included review of the resident’s medical records, emergency room records, incident report, service delivery records, internal investigation notes, the AP personnel file, and facility policies and procedures related to maltreatment. Also, the investigator observed the resident’s living space and incontinent cares.

The law enforcement report indicated that the AP was arrested. The same report indicated during the interview, the AP admitted he used his finger to penetrate the resident’s vagina which was something he was never trained to do and was beyond the scope of job duties.

Perpetrator Violated Training

The AP’s personnel file indicated the AP received vulnerable adult abuse training.

Contact an Attorney if You Have Concerns

For a free consultation to discuss sexual abuse or assault of a vulnerable person contact attorney Kenneth L. LaBore for a free consultation at 612-743-9048 or by email at klabore@mnnursinghomeneglect.com.

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Resident Sexually Assaulted at Whittier Place

Whittier Place
Sexual Abuse
Whittier Place Sexual Abuse

Resident Coerced into Sexual Act by Whittier Place

In a report from the MDH, it was alleged that a AP (alleged perpetrator) from Whittier Place abused a resident when the AP coerced and then forced a resident to engage in sexual acts, under threat of violence.

Abuse Substantiated

The Minnesota Department of Health determined abuse was substantiated. The AP was responsible for the maltreatment. The AP sought out the resident outside of work, coerced her to engage in sexual acts, and then threatened harm if she told anyone. The investigation identified evidence which corroborated the resident’s account of events.

The investigator conducted interviews with facility staff members, including administrative staff, nursing staff, and unlicensed staff. The investigator contacted law enforcement. The investigation included review of medical records, the resident’s phone and text logs, facility documents, policies, and procedures related to code of conduct, and maltreatment of vulnerable adults.

Contact an Experienced Attorney with your Concerns

If a loved one has suffered an injury or wrongful death from lack of supervision or medication negligence in a nursing home or other care provider that serves the elderly in Minnesota please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact Attorney Kenneth L. LaBore, directly please send an email to: KLaBore@MNnursinghomeneglect.com, or call Ken at 612-743-9048 or toll free at 1-888-452-6589 or fill out the form on this page to discuss your case.

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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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Charter House Failed to Assess

 Deceased at Charter House
Resident Found Deceased at Charter House

Change in Condition Without Response at Chart House

In a report from the MDH, it was alleged that the Charter House neglect a resident when they failed to assess the resident throughout her shift after the resident experienced a change in his condition. The resident was found deceased in his bed at the end of her shift.

Resident Perished Under Care at Charter House

The Minnesota Department of Health determined neglect was substantiated. The AP was responsible for the maltreatment. The AP was told during the shift change report the resident had severly low oxygen saturation reading (79%) and was placed on oxygen, yet the AP never assessed the resident during her shift and never called the on-call provider to update them on the resident’s change in condition.

The investigator conducted interviews with facility staff members, including administrative staff, nursing staff, and unlicensed staff. The resident’s providers were interviewed. The AP was interviewed. The investigation included review of the resident’s records, and facility records, including their policies and procedures. Documents were reviewed from a previous compliance investigation.

Contact an Experienced Attorney with your Concerns

If a loved one has suffered an injury or wrongful death from lack of supervision or medication negligence in a nursing home or other care provider that serves the elderly in Minnesota please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact Attorney Kenneth L. LaBore, directly please send an email to: KLaBore@MNnursinghomeneglect.com, or call Ken at 612-743-9048 or toll free at 1-888-452-6589 or fill out the form on this page to discuss your case.

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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Fractures and Fall Injuries in Nursing Home

Fall Injuries in Nursing Home is Usually Preventable with Proper Care and Supervision

Nursing Home Fall Injury and Fracture Injuries call Attorney Kenneth LaBore
Nursing Home Fall Injuries and Fracture Injury call Attorney Kenneth LaBore

According to an article produced by the American Academy of Orthopaedic Surgeons, The absolute goal is to prevent fall injuries. The cost of fall injuries among older people is enormous because of the high death toll, disabling conditions and recovery in hospitals and rehabilitation institutions. The United States spends more than $20 billion annually for the treatment of injuries to older people after falls. The majority of the cost is for hip fracture care, which averaged $37,000 per patient in 2006. The Center for Disease Control and Prevention (CDC) estimates that by the year 2020, the annual direct and indirect cost of fall injuries is expected to reach $54.9 billion (in 2007 dollars). Thirty percent of people over the age of 65 will fall each year. In 2006, about 1.8 million people 65 and older were treated in emergency departments for nonfatal injuries from falls, and more than 433,000 of these patients were hospitalized. Ninety percent of the 380,000 hip fractures treated annually in the United States occur as a result of a fall. In 2006, there were more than 380,000 hip fractures, or about 1,050 hip fractures a day. Approximately 25% of hip fracture patients will make a full recovery; 40% will require nursing home admission; 50% will be dependent upon a cane or a walker; and 20% will die in one year.

The National Osteoporosis Foundation reports that a total of 15,802 persons aged 65 years and older died as a result of injuries from falls in 2005. Unlike many types of accidents, falls are often preventable with adequate and trained staff providing proper care and monitoring. Even if the actual fall event is an accident many facilities fail to take the necessary required steps to protect the interests of the vulnerable adult, by not adequately responding to the fall event. After a fall the individual needs to be closely monitored and assessed by qualified nursing or home staff. Often the nursing home does not ensure that the resident is assessed by a RN or medical doctor, rather they rely on the LPN and nursing assistant staff to look for changes in the condition of the resident that could signal a problem related to the fall, the most common of which is a subdural hematoma, leading to brain swelling, and often death. Frequently falls result in the breaking of a bone, many times at the level of a joint such as in the hip or knee. The injury may result in the resident becoming bedridden or confined to a wheelchair for rehabilitative care. The loss in ambulation can then lead to many other risk factors such as bed sores from the pressure of laying on the same area for extended periods of time, and loss of muscle strength, leading to additional falls. Fall injuries can also lead to death months after the incident from complications such as pneuomonia.

Nursing Home Fall Injuries Prevention

Avoiding falls and resulting fall injuries is very important and should be one of the primary focuses of nursing home providers. To protect the residents the nursing home should be frequently monitoring the resident to determine the risks for falling and taking interventions to reduce the change of a fall incident. The effectiveness of the interventions should be evaluated to ensure the effectiveness of safety interventions and if they need to be modified. This is particular important if there is any sudden change in a resident’s ability to function physically and changes with the cognitive or behavior status of the resident. These changes could be due to an underlying medical condition which needs to be addressed, or problems with medication or numerous other issues. Assessments needed to be performed by a qualified RN nurse, not unlicensed nursing staff, who should instead be making observations, and reporting their finding to those qualified to enact appropriate safety measures.

Fall Injury and Fracture Trauma Complications

Many people are surprised to hear the truth behind nursing home falls. More than 100 nursing home residents die in Minnesota every year due to a traumatic fall injury. Furthermore, hospital bills to treat patients who succumb to a fall totaled more than $1.1 billion in Minnesota between 1998 and 2005. The worst part about these numbers that, in many instances, the falls and trauma endured could be easlily avoided with proper care and support. Falls can result in the following injuries and outcomes:

Federal Regulations Require Nursing Homes to Take Reasonable Measures to Prevent Fall Injuries

A nursing home must ensure that the resident receives adequate supervision and assistive devices to prevent accidents. According to 42 CFR §483.25 (h): (h) 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.

For more information see: Nursing Home Fall Injuries

Minnesota Fall Injury Attorney Kenneth LaBore

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 or fill out the form on this page to discuss your case. 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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Failure to Provide CPR at St. Mark’s Living

St. Mark's Living Failed to Provide CPR for Resident
St. Mark’s Living Failed to Provide CPR for Resident

No Attempt at CPR by St. Mark’s Living Staff

In a report from the MDH, it was alleged that St. Mark’s Living nurse neglected a resident when she did not perform cardiovascular resuscitation (CPR) upon finding a resident nonresponsive and not breathing.

Doctor’s Orders and Facility Policies Not Followed

The Minnesota Department of Health determined neglect was substantiated. The AP was responsible for the maltreatment. A facility staff notified the AP the resident was unresponsive. The AP assessed the resident who had no pulse, but her skin was warm to the touch. Although the AP was aware the resident’s medical records / physician orders indicated the resident wished to have cardipulmonary resuscitation (CPR) in case she was found to have cardiac arrest, the AP did not attempt CPR.

The investigator conducted interviews with facility staff members including nursing staff, and unlicensed staff. The investigation included review of the federal investigation findings, medical records, staff training records, and facility policies and procedures.

Contact an Experienced Attorney with your Concerns

If a loved one has suffered an injury or wrongful death from lack of supervision or medication negligence in a nursing home or other care provider that serves the elderly in Minnesota please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact Attorney Kenneth L. LaBore, directly please send an email to: KLaBore@MNnursinghomeneglect.com, or call Ken at 612-743-9048 or toll free at 1-888-452-6589 or fill out the form on this page to discuss your case.

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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Wound Care Concerns Woodbury Estates

Wound Care Problems at Woodbury Estates
Wound Care Problems at Woodbury Estates

Amputation After Poor Foot Wound Care

In a report from the MDH, it was alleged that Woodbury Estates neglected a resident when staff members did not know if there were any orders to provide care to her right foot after she had been discharged from the hospital.

Woodbury Estates Responsible for Maltreatment

The Minnesota Department of Health determined neglect was substantiated. The facility was responsible for maltreatment. The facility failed to ensure a nursing assessment was performed after the resident returned from the hospital. As a result, the resident experienced severe pain and ultimately an above the knee amputation.

The investigator conducted interviews with facility staff members, including nursing staff. The investigator contacted emergency personnel. The investigation included review of resident records, policies and procedures, complaints/grievances, and hospital records. Also, the investigator toured the facility and observed resident / staff interactions.

Hospital records indicated the resident presented to the emergency department for treatment of ischemic (lack of adequate blood flow from the heart to the foot) right foot. The hospital records indicated an ACE wrap had been previously placed for comfort measures for a sore ankle. The hospital records indicated the ACE wrap was removed at the facility and they discovered the underlying wound. The same documents indicated the resident’s foot was cold to touch and cyanotic (a bluish discoloration of the skin from inadequate oxygenation of the blood).

Contact an Experienced Attorney with your Concerns

If you or a loved one has suffered a pressure sore injury or had problems with wound care in a nursing home or other care provider that serves the elderly in Minnesota please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact Attorney Kenneth L. LaBore, directly please send an email to: KLaBore@MNnursinghomeneglect.com, or call Ken at 612-743-9048 or toll free at 1-888-452-6589 or fill out the form on this page to discuss your case.

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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The Harbors Senior Living Skin Care Concerns

Skin Care Problems at The Harbors Senior Living
Skin Care Problems at The Harbors Senior Living

Pressure Ulcer Issues at Facility

In a report from the MDH, it is alleged the alleged the Harbors Senior Living neglected to follow a resident’s service plan for skin care, resulting in the resident developing a pressure ulcer.

The Harbors Senior Living Failed to Follow Service Plan

The Minnesota Department of Health determined neglect was substantiated. The facility was responsible for the maltreatment. The facility did not have a system in place to ensure implementation of interventions recommended by a homecare agency for getting the resident out of bed, turning and repositioning the resident who was bedhound. The resident developed pressure ulcers on her bottom, and both legs. The facility further neglected to regularly assess the pressure ulcers, provide treatment of the pressure ulcers, or document about the pressure ulcers. The resident went to the hospital after staff accidentally ripped off a toenail and the pressure ulcers and toe wound were treated.

Contact an Experienced Attorney with your Concerns

If you or a loved one has suffered a pressure sore injury or had problems with wound care in a nursing home or other care provider that serves the elderly in Minnesota please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact Attorney Kenneth L. LaBore, directly please send an email to: KLaBore@MNnursinghomeneglect.com, or call Ken at 612-743-9048 or toll free at 1-888-452-6589 or fill out the form on this page to discuss your case.

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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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Pressure Injury Maple Hill Senior Living LLC

Pressure Injury at Caring Nurses, LLC
Pressure Injury at Maple Hill Senior Living, LLC

Wound Care Concerns at Maple Hill Senior Living LLC

In a report from the MDH, it is alleged Maple Hill Senior Living LLC neglected the resident when facility staff failed to complete scheduled services. It is alleged the facility neglected the resident when facility staff failed to train unlicensed personnel on wound care before delegating that task. The resident’s toe became necrotic and swollen.

Substantiated Complaint Wound Care

Neglect was substantiated. The facility was responsible for the maltreatment. It is unknown if facility staff members failed to complete scheduled services on two separate occasions or if the resident refused the services. However, the facility neglected the resident when the facility did not train or competency test unlicensed personnel (ULP) before delegating wound care. The ULPs applied the dressing incorrectly and caused injury to the resident’s toe.

When interviewed, the facility RN said she did not train the ULPs to complete the resident’s wound care. The RN also said the hospice RN used bandage and band aide interchangeably when describing the wound care order. The RN said she gave Band-Aides to the ULP to put in the resident’s room. The RN said she should have called hospice to clarify the order. The RN also said she was not aware the hospice RN left Coban in the resident’s room. The RN also said the facility was unable to determine when the ULPs changed the dressing.

Contact an Experienced Attorney with your Concerns

If you or a loved one has suffered a pressure sore injury or had problems with wound care in a nursing home or other care provider that serves the elderly in Minnesota please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact Attorney Kenneth L. LaBore, directly please send an email to: KLaBore@MNnursinghomeneglect.com, or call Ken at 612-743-9048 or toll free at 1-888-452-6589 or fill out the form on this page to discuss your case.

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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Lack of Supervision at Empathy Care Home

Overdosed Resident Lack of Supervision at Empathy Home Care, Inc.
Overdosed Resident Lack of Supervision at Empathy Care Home, Inc.

Fentanyl Death at Empathy Care Home

In a report from the MDH, it is alleged that Empathy Care Home neglected the resident when they failed to provide the resident with adequate supervision and services when the resident had two drug overdoses within five days. The resident overdosed on Fentanyl (narcotic medication) twice within five days. The second overdose caused the resident’s death.

Resident Overdosed Twice in Five Days

Neglect was substantiated by the state. The facility and the alleged perpetrator (AP) were responsible for the maltreatment. The facility failed to ensure adequate supervision was implemented after the resident’s first overdose. The resident’s care plan indicated she required safety checks every two hours after the first overdose incident. The AP, a registered nurse, failed to update the resident’s service plan and implement safety check interventions. The facility lacked documentation of writted direction how to complete safety checks. The resident’s record indicated that staff were to notify the AP when they suspected drug use, any behaviors or isolation, yet the facility staff allowed the resident to come and go a few days after her first overdose.

Staff witnessed the resident interacting with two different unknown vehicles outside of the facility. The day she died; the resident isolated in her room for hours with no one entering her room to check to see if she was okay. After ten hours without a response from the resident, staff forced the resident’s door open and found the resident deceased.

Contact an Experienced Attorney with your Concerns

If a loved one has suffered an injury or wrongful death from lack of supervision or medication negligence in a nursing home or other care provider that serves the elderly in Minnesota please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact Attorney Kenneth L. LaBore, directly please send an email to: KLaBore@MNnursinghomeneglect.com, or call Ken at 612-743-9048 or toll free at 1-888-452-6589 or fill out the form on this page to discuss your case.

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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Brookdale Edina Wound Prevention Issues

Brookdale Edina Pressure Ulcer
Brookdale Edina Pressure Ulcer

Resident Suffers Wounds Brookdale Edina

In a report from the MDH, it is alleged that Brookdale Edina failed to reposition the resident every two hours. The resident developed several pressure ulcers on her buttocks and groin area. The resident spent over three months in the hospital due to the pressure ulcers.

Edina Facility Pressure Ulcer Concerns

According to the report, the facility neglected the resident when they failed to reposition the resident every two hours. The resident developed several pressure ulcers on her buttocks and groin area. The resident spent over three months in the hospital due to pressure ulcers. The Minnesota Department of Health determined neglect was substantiated. The facility was responsible for maltreatment. The resident was unable to reposition herself and required staff to reposition her every two hours. The facility lacked documentation they repositioned the resident. The resident’s wounds and pressure ulcers worsened and developed gangrene. The resident required hospitalization and diagnosed with a large, deep, foul-smelling, pressure ulcer in her tailbone (sacral) area, in addition to several other pressure ulcers. Hospital doctors recommended hospice care to the resident’s family member due to the extent of her pressure ulcers (wounds). Staff stated the facility was short-staffed during the time the resident developed the pressure ulcers.

Contact an Experienced Attorney with your Concerns

If you or a loved one has suffered a pressure sore injury or had problems with wound care in a nursing home or other care provider that serves the elderly in Minnesota please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact Attorney Kenneth L. LaBore, directly please send an email to: KLaBore@MNnursinghomeneglect.com, or call Ken at 612-743-9048 or toll free at 1-888-452-6589 or fill out the form on this page to discuss your case.

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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Worrisome Wounds Bridgewater at Owatonna

Bridgewater at Owatonna cited after Wound Care Concerns
Bridgewater at Owatonna cited after Wound Care Concerns

Bridgewater at Owatonna Care Wound Care Concerns

In a report from the MDH, Bridgewater at Owatonna it is alleged that the licensee failed to ensure that services on the service plan were documented, implemented, and met the resident’s needs.

Coccyx Wound at Owatonna Facility Continued to Worsen

Neglect was substantiated by the state of Minnesota. The facility was responsible for the maltreatment. The resident had a coccyx wound which increased in size and severity over the course of approximately two weeks, and during the same time frame, the resident developed a moderate-to-severe case of COVID-19. The facility failed to implement new interventions to address the growing wound or the resident’s illness. According to the MDH report, documentation indicated the resident was offered, and often would not accept, toileting assistance; however, facility staff members did not reapproach and did not encourage the resident to use the restroom or change incontinent products. Due to the rapid wound development, the resident was hospitalized for two weeks, then sent to a transitional care unit (TCU0 for four weeks.

Contact an Experienced Attorney with your Concerns

If you or a loved one has suffered a pressure ulcer or wound care concern in a nursing home or other care provider that serves the elderly in Minnesota please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact Attorney Kenneth L. LaBore, directly please send an email to: KLaBore@MNnursinghomeneglect.com, or call Ken at 612-743-9048 or toll free at 1-888-452-6589 or fill out the form on this page to discuss your case.

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Minneapolis Nursing Home Abuse Lawyers

Minneapolis Nursing Home Abuse Lawyers
Minneapolis Nursing Home Abuse Lawyers Kenneth LaBore and Suzanne Scheller

Minneapolis Nursing Home Abuse Lawyers

Minneapolis Attorneys Nursing Home Abuse Lawyers Kenneth LaBore, Esq. and Suzanne Scheller, Esq. have separate firms but work together on many serious injury elder abuse and neglect and wrongful death cases splitting the contingent fee at no additional expense to the client.  Nursing home neglect and abuse cases are complicated claims and often involve allegations which require expert witness support and use of wrongful death statutes to fully support the pain and suffering and emotional distress suffered by victim of neglect.  Mr. LaBore and Ms. Scheller only handle cases with very serious injury, assault or death.  They work hard to get accountability from facilities and strive for maximum recoveries under the law. See our article on the New Minnesota Wrongful Death Law.

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

Minneapolis Nursing Home Abuse Lawyers – Providers

According to _______ the City of Minneapolis approximately 10% of their residents are over age 65.

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

To check for the updated list of providers in Minneapolis see Minnesota Department of Health Provider lookup. For more information on selecting a nursing home see Choosing a Facility.

Nursing Home Abuse Lawyers – Facilities in Minneapolis Area

We can investigation and handle cases against Minneapolis facilities as well as others in Hennepin County and throughout the state of Minnesota. We handle the following types of Minneapolis abuse and neglect malpractice cases:

Bed Sores / Pressure Ulcers

Wound Care

Fall injury / Injuries

Fractures

Head Injuries

Mechanical Patient Lift

Medication Errors

Physical Abuse

Sexual Abuse

Wandering & Elopement

Infectious Diseases (MRSA, C-Diff)

Elder Burn Injuries

Choking & Asphyxiation

Breathing Tube Care

Urinary Infections & Sepsis

Nursing Home Suspicions

Wrongful Death Claims

Mpls Nursing Home Abuse Lawyers Kenneth LaBore and Suzanne Scheller

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

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Cottagewood Senior Fracture Injury

Cottagewood Senior Fracture Injury
Cottagewood Senior Fracture Injury

MDH Report of Cottagewood Senior Fracture

Cottagewood Senior fracture allegations. In a report from the MDH, it was alleged that the alleged perpetrator (AP) neglected a resident when they failed to ensure the resident was safely transferred with the mechanical lift from the bed to the chair.

Resident Suffers Broken Collar Bone and Scalp Injury

The Minnesota Department of Health determined that neglect was substantiated. The AP was responsible for the maltreatment. The AP did not complete the safety steps with the second staff person which included checking the loops when the resident was lifted up from the bed and before moving the lift machine.

The AP stated that the second staff person operated the lift and lifted the resident just enough to get off the bed and not any higher when the staff person moved the lift, the left loop on the sling came loose and the resident fell.

The resident passed away the week after the accident. The resident’s death certificate indicated that the cause of death was due to complications of Alzheimer’s disease, contributed by injury and trauma, and the manner of death is listed as an accident.

In conclusion, the Minnesota Department of Health determined neglect was substantiated. The AP was responsible for the maltreatment.

Contact an Experienced Attorney with your Concerns

If you or a loved one has suffered a fall injury or fracture in a nursing home or other care provider that serves the elderly in Minnesota please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact Attorney Kenneth L. LaBore, directly please send an email to: KLaBore@MNnursinghomeneglect.com, or call Ken at 612-743-9048 or toll free at 1-888-452-6589 or fill out the form on this page to discuss your case.

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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Heritage Haven Hip Fracture

Heritage Haven Hip Fracture
Heritage Haven Hip Fracture

MDH Report of Heritage Haven Hip Fracture

Heritage Haven hip fracture allegations. In a report from the MDH, it is alleged the resident was neglected when the alleged perpetrator (AP), facility staff, failed to transfer the resident according to the resident’s individual assessed needs. The resident fell and sustained multiple injuries including a left hip fracture.

Resident Suffers Hip Fracture

Neglect is substantiated. The AP and the facility were responsible for the maltreatment. Six days prior to the fall the resident was admitted to hospice for end-of-life care and required increased assistance with transfers. The resident was assisted by one staff to transfer to the bathroom, became weak, and fell. The resident broke her hip.

Investigative findings and conclusion. The resident’s record of death indicated the resident had a fall from standing height and identified as the immediate cause of death was complications of left hip fracture.

In conclusion, neglect was substantiated. The AP and facility were responsible for the maltreatment. The facility failed to update the resident’s plan of care after a significant change in condition.

Contact an Experienced Attorney with your Concerns

If you or a loved one has suffered a fall injury or fracture in a nursing home or other care provider that serves the elderly in Minnesota please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact Attorney Kenneth L. LaBore, directly please send an email to: KLaBore@MNnursinghomeneglect.com, or call Ken at 612-743-9048 or toll free at 1-888-452-6589 or fill out the form on this page to discuss your case.

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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Redeemer Residence Sexual Abuse Allegations

Redeemer Residence Sexual Abuse
Redeemer Residence Sexual Abuse Report

MDH Report of Redeemer Residence Sexual Abuse

Redeemer Residence sexual abuse allegations. In a report from the MDH, the alleged perpetrator (AP) sexually abused Resident #1 and Resident #2 when the AP fondled their breasts; made Resident #1 hold his genitals in her hands; and kissed Resident #2 on the cheek. Both Resident #1 and Resident #2 verbalized fear of the AP.

Two Residents Abused

Investigative findings and conclusion. Sexual abuse was substantiated. The alleged perpetrator (AP) was responsible for the maltreatment. Resident #1 and Resident #2 provided consistent recollections of the sexual abuse, both Resident #1 and Resident #2 were cognitively capable of remembering the sexual incident(s), and the AP’s job history included past allegations of fondling female residents.

The Employee Had History of Abuse Allegations

During an interview, the AP denied the allegation of sexual abuse of Resident #1 and Resident #2. The AP said Resident #1 did not share with him she had issues or concerns with the AP. The AP also denied awareness of and the allegation of sexual abuse with Resident #2. The AP stated that he had no prior complaints from the facility or from residents regarding the care he provided.

Review of a federal data base that tracks previous allegations of maltreatment of vulnerable adults indicated the AP had worked for the facility for approximately five years. The AP had three additional previous allegations of touching/fondling, and sexual abuse towards other residents at the facility.

In conclusion, abuse was substantiated by the Minnesota Department of Health.

Contact an Experienced Attorney with your Concerns

If you or a loved one has suffered sexual abuse in a nursing home or other care provider that serves the elderly in Minnesota, Kenneth LaBore provides a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member.

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

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Abuse and Neglect Incidents at Birchview Gardens

Birchview Gardens Sexual Abuse of Resident
Birchview Gardens Sexual Abuse of Resident

MDH Report of Birchview Gardens Sexual Abuse

Birchview Gardens sexual abuse allegations. In a report from the MDH, the alleged perpetrator (AP), a staff member, sexually abused the resident when he had sexual intercourse with the resident.

Resident Taken Away from Facility for Assault

Investigative findings and conclusion abuse was substantiated. The AP was responsible for the maltreatment.  The AP was responsible for the maltreatment. The AP picked the resident up from the facility, drove to a ballpark, and had sexual intercourse while the AP worked for the facility.

 Investigative findings and conclusion abuse was substantiated. The AP was responsible for the maltreatment.  The AP was responsible for the maltreatment. The AP picked the resident up from the facility, drove to a ballpark, and had sexual intercourse while the AP worked for the facility.

The MDH review of the facilities incident report and internal investigation indicated the resident reported to a facility staff member her and the AP had a relationship and showed a text message by the AP about a kiss in the elevator. During the internal investigation interview, the resident stated while the AP worked at the facility, they exchanged phone numbers.

On one occasion, the resident stated she texted the AP to come to the facility to talk. At 10:00 o’clock PM, she met the AP outside the facility. The AP told her to get into his vehicle. The resident stated they drove off because the facility had security cameras and did not want anyone to see them. They drove to a ballpark and engaged in sexual intercourse. After sex, the AP dropped the back off at the facility. The resident stated facility staff did not see her leave that evening or return. The resident stated she did not disclose her relationship with the AP and kept it secret because she wanted a relationship with the AP. After sex, the AP told her he just wanted to be friends and he could not have a relationship with her.

The Employee Admitted Abuse

During an interview, the AP stated he received training on vulnerable adults and professional boundaries when hired. The AP stated he met the resident while he worked at the facility. The AP stated he had sexual intercourse with the resident.

In conclusion, abuse was substantiated by the Minnesota Department of Health.

Birchview Gardens Hot Coffee Burn

The Minnesota Department of Health reported that the facility neglected a resident when they failed to ensure the resident could safely drink coffee after the resident repeatedly spilled coffee on herself causing blistering burns.

Contact an Experienced Attorney with your Concerns

If you or a loved one has suffered sexual abuse in a nursing home or other care facility that serves the elderly in Minnesota, Kenneth LaBore provides a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member.

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

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Minnesota Nursing Home Regulations

Minnesota Nursing Home Regulations
Minnesota Nursing Home Regulations

Minnesota Elder Care Regulations

Minnesota Nursing Home Regulations in addition to federal regulations for nursing homes and long-term care facilities there are also Minnesota elder care regulations designed to protect residents and set minimum standards for care, services, supervision and treatments.

Health & Supportive Services

Nursing Homes – Minn. Stat. §§ 144A.01-.37; Minn. R. 4658 et al

Veteran’s Homes – Minn. Stat. §§ 198 et al; Minn. R. 9050 et al

Boarding Care Homes – Minn. Stat. §§ 144.50-144.56; Minn. R. 4655 et al

Home Care Licensure Law – Minn. Stat. § 144A.43-.48; Minn. R. 4668

Assisted Living Services – Minn. Stat. § 144G

Memory Care – Minn. Stat. §§ 144.6503; 144A.45, Subd. 5; and 245A.04, Subd. 12

Patient Rights

Assisted Living Bill of Rights – Minn. Stat. § 144G.91

Health Care Bill of Rights – Minn. Stat. § 144.651

Home Care Bill of Rights – Minn. Stat. § 144A.44

Hospice Bill of Rights – Minn. Stat. § 144A.751

Maltreatment of Minors Act – Minn. Stat. § 626.556

Minnesota Human Rights Act – Minn. Stat. § 363A

Vulnerable Adults Act – Minn. Stat. § 626.557 -.5573

Employee Regulation

Nurse Practice Act – Minn. Stat. §§ 148.171148.285

Criminal Background Study – Minn. Stat. §§ 144.057 & 245C et al

Advertising

Assisted Living Title Protection – Minn. Stat. § 144G.01-.02

Attorney General responsibility related to Prevention of Consumer Fraud – Minn. Stat. § 8.31

Consumer Fraud Act (Senior Citizens & Disabled Persons) – Minn. Stat. § 325F.71

Disclosure of Special Care Status for Memory Care – Minn. Stat. § 325F.72

False Statement in Advertisement – Minn. Stat. § 325F.67

Housing

Landlord Tenant Law – Minn. Stat. § 504B

Building and Fire Codes(See i.e. Construction Codes and Licensing – Minn. Stat. § 326B)

Common Interest Community and Cooperative Laws – Minn. Stat. § 515B

Payment

Medical Assistance for Needy Persons – Minn. Stat. § 256B

Additional Minnesota Elder Care Regulations and Information

Choosing a Nursing Home

Selecting an Elder Care Facility

Minnesota Department of Health Complaints Against Nursing Home

Special Focus Facility Nursing Homes

Medicare & Medicaid Quality of Care Surveys

Nursing Home Abuse

Nursing Home Neglect

Reporting Nursing Home Abuse and Neglect

Nursing Home Resident Rights

Federal Nursing Home Resident Right Regulations

Rights for Nursing Home Residents

Definition of Vulnerable Adult

Federal Requirements and Nursing Home Regulations

Nursing Home Facilities with Substantiated Neglect

Nursing Home Abuse and Neglect Injuries

If you have concerns about medication errors, improper use of medical equipment, falls or any other form of elder abuse or neglect contact Minnesota Elder Abuse Attorney Kenneth LaBore at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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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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Fractures from Falls are Preventable

Head Injury, Arm Fracture, Hip Fracture, Femur Fracture, Subdural Hematoma, Hip Fractures from Falls
Head Injury, Arm Fracture, Hip Fracture, Femur Fracture, Subdural Hematoma, Hip Fractures from Falls

Fractures From Falls in Nursing Homes

Many of the fractures from falls in nursing homes and other care settings are preventable had the resident received proper supervision or had their been adequate numbers of well trained staff to perform tasks such as transfers from wheelchairs and chairs, toileting, and assessment related to falls from the bed.   Fractures can be very serious and due to complications can often lead to permanent injuries and disabilities or death.

Fractures From Falls From Patient Lift
Fractures From Falls From Patient Lift

Fractures From Falls From Hoyer Type Mechanical Patient Lift

Fractures from Falls. One of the higher risk situations for residents of nursing homes or other elder care facilities is patient transfer from bed to wheelchair, wheelchair to bed or toilet and other transfers.   The use of a patient lift injuries can assist with these transfer when done safely but can lead to serious injuries when not performed correctly.  Many times accident are due to the lifts not being used or set up as directed by the manufacturer.   Another reason is the failure to use the right size or proper type of sling for the patient lift.   Many falls occur when the sling is not attached to the lift clips per directions. According to Minnesota Falls Prevention, falls are the leading cause of injury for children and for adults 35-years and older. Falls and fall-related injuries among adults over age 65 are on the rise.

Nursing Home and Elder Injuries and Fractures as a Result of Wheelchairs
Nursing Home and Elder Injuries and Fractures as a Result of Wheelchairs

Fractures From Falls From Wheelchairs and Chairs

Injuries from wheelchair and even reclining chairs are common in senior care environments.  The injuries usually occur due to a wheelchair tips over on ramps or curbs, falls down stairs, allows the resident to slip out of the chair, the resident’s feet are allowed to drag causing leg and feet injuries and others.  Residents must receive the supervision and care necessary to avoid injuries including wheelchair falls and injuries.

Nursing Home Injuries Due to Falls in Bathrooms
Nursing Home Injuries Due to Falls in Bathrooms
Fractures From Falls In Bathroom

The bathroom is an area where many types of injuries occur.  Fall injuries related to a loss of balance when setting down or getting up from the toilet.  Injuries from lifts on the toilet or in the shower.  Injuries from slipping in the shower or entering bath or shower.   Injuries also occur when dressing and undressing for baths and showering.  Most injuries in the bathroom are preventable if the resident receives the patient assistance and supervision necessary to provide for their toileting and hygiene needs.

Nursing Home Falls from Bed Can Lead to Serious InjuryFractures and Death
Nursing Home Falls from Bed Can Lead to Serious Injury Fractures and Death
Fractures From Falls From Bed

Although it may seem like someone is safe in their bed, vulnerable nursing home residents suffer serious fractures, head injuries and others when they fall from their bed onto the floor or hit their head or body on items near the bed such as oxygen tanks and night stands.  Many of the injuries as result of falling from bed are preventable, however, nursing homes often refuse or negligently fail to provide bed rails, lower the bed height, provide safety mats or other safety interventions to protect residents at risk of falls.

Falls Injuries are Often Medical Malpractice Cases

If you suffer an fractures from falls when a resident in a nursing home, assisted living, memory care, hospital or other medical or senior care environment the provide may be responsible in part or whole for a lack of supervision or improper use of medical equipment and other reasons.  You need expert medical opinions in Minnesota to bring a lawsuit for medical malpractice and for many issues related to wrongful death claims.

If you have questions about nursing home abuse and neglect and fractures or other fall related injuries 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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Most Recent Minnesota Nursing Home Survey Reports

Minnesota Department of Health Nursing Home and Assisted Living Survey Report
Minnesota Department of Health Nursing Home and Assisted Living Survey Reports

The Latest Minnesota Department of Health Survey Reports

The Minnesota Department of Health conducts regular surveys and inspections of nursing homes which receive Medicare/Medicaid funding.  Nursing home and boarding care home annual health care inspection findings conducted under federal Medicare and Medicare regulations.  As you need help choosing a nursing home, the federal Centers for Medicare and Medicaid website has materials available that will guide you and your family through the process. The materials include an overall description of the services provided and a check list to help you make a placement decision.

You can subscribe to newly posted Nursing Home Survey Results

MDH Nursing Home Survey Reports Update

Nursing Home Survey Reports for Minnesota Department of Health. This information has recently been updated, and is now available at: Most Recent Nursing Home Survey Report

Survey reports document many forms of abuse and neglect including failure to respond to change in conditions, medication errors, falls and other serious injuries.

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 in a nursing home or other care facility that serves the elderly in Minnesota please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member.

To contact Attorney Kenneth L. LaBore, directly for a Free Consultation, please send an email to klabore@MNnursinghomeneglect.com or call Ken at 612-743-9048 or 1-888-452-6589.

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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Help Selecting a Nursing Home in Minnesota

Help Selecting a Nursing Home in Minnesota
Help Selecting a Nursing Home in Minnesota

Help Selecting a Nursing Home – What Resources Are There?

Help Selecting a Nursing Home -as an attorney who handles nursing home abuse and neglect cases in Minnesota I thought this information from the Minnesota Department of Health was helpful.

Choosing a nursing home for yourself or a loved one can be challenging. This Nursing Home Report Card gives information to help you make your choice. You should also consider other sources of information, visit the nursing homes being considered, and discuss your choices with family members and staff members of the facility.

This report card shows how Minnesota nursing homes scored in seven quality measures. Each nursing home is scored from 1 (lowest) through 5 (highest) on each of the seven measures. For additional information about the report card go to the nursing home report card fact sheet.

First, you can focus your search by choosing your preferred area of the state by zip code or click here to see the report card for an individual nursing home.

The fact sheet answers many of the questions you may have about the Minnesota Nursing Home Report Card. The report card includes information about the 381 nursing homes in the state that are certified to participate in the Medical Assistance (MA) Program.

The Minnesota Department of Health (MDH) and the Minnesota Department of Human Services (DHS) created the nursing home report card to help you compare nursing homes on the following seven quality measures:

1. Resident satisfaction and quality of life
2.Quality indicators – clinical quality
3.Hours of direct care
4.Staff retention
5.Use of temporary nursing staff
6.Proportion of beds in single bedrooms
7.State inspection results

Each nursing home can receive from one to five stars on each measure. You can choose an area of the state in which you are seeking a home and the three measures that are most important to you. When the results appear, you can obtain more information about how each nursing home scored.

The Minnesota nursing home report card is state of the art. It uses multiple measures of quality, incorporates sophisticated risk adjustments to compare facilities fairly, and looks more closely at clinical outcomes, quality of life and resident satisfaction than others.

Another resource to provide help selecting a nursing home is the federal government CMS Medicare Nursing Home Care website which rates facilities on a fivestar scale.

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 in a nursing home or other care facility that serves the elderly in Minnesota please call Kenneth LaBore for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact Attorney Kenneth L. LaBore, directly please send an email to klabore@mnnursinghomeneglect.com, or call Ken at 612-743-9048 or toll free at 1-888-452-6589.

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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