Not Following Facility’s Policies and Procedures – according to a story in The Journal, an International Falls Newpaper, titled: LMC nurse found negligent
A nurse employed by the Littlefork Medical Center has been found by the Minnesota Department of Health to have acted with neglect when failing to follow the facility’s policies and procedures when a resident began to have significant changes in breathing. The report did place blame on the facility which after investigating the incident since they forwarded a report to the Office of Health Facility Complaints (OHFC) in conjunction with the Vulnerable Adults Act.
The nature of the complaint stemmed from an incident when the aide failed to respond according to policies and procedures when the resident’s oxygen level suddenly dropped.
As an attorney who handles nursing home abuse and neglect cases, I was concerned over the nurse’s neglect, however pleased to see that the facility had acted correctly and reported the incident to the MDH, OHFC. The facilities proactive approach helped protect themselves as well as the residents of the facility.
According to federal law there is a general duty of a facility to: 42 CFR § 483.15 Quality of life. A facility must care for its residents in a manner and in an environment that promotes maintenance or enhancement of each resident’s quality of life.
(a) Dignity. 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 individuality….
(k) Special needs. The facility must ensure that residents receive proper treatment and care for the following special services:
(2) Parenteral and enteral fluids;
(3) Colostomy, ureterostomy, or ileostomy care;
(4) Tracheostomy care;
(5) Tracheal suctioning;
(6) Respiratory care;
(7) Foot care; and
The NURSING HOME, must conduct initially a comprehensive and accurate assessment of each resident’s functional capacity. (42 CFR §483.20)
When the aide was made aware of the change in condition of the resident she was required to notify the treating physician and decision maker for the resident.
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 LaBore at 612-743-9048 or toll free at 1-888-452-6589.