It is alleged in a report by the MDH that a resident at Benedictine Living Community of Winstead was neglected when facility staff failed to initiate cardiopulmonary resuscitation (CPR) in a timely manner. The resident was full code and staff did not initiate CPR for 14 minutes after finding the resident was unresponsive.
Neglect was substantiated. The facility was responsible for the maltreatment. Several staff had the opportunity to verify the resident’s CPR status but did not. Several staff indicated the facility did not train them to check CPR status or when to start CPR.
Abuse-Exploitation-Drug Diversion, Benedictin Living Community of Winstead
Benedictine Living Community of Winstead Complaint Findings for Abuse
It is alleged that a client was exploited when a staff, alleged perpetrator (AP), took the client’s narcotic medication for his/her own use.
Substantiated Allegation of Financial Exploitation
Based on a preponderance of evidence, the allegation of financial exploitation is substantiated. The alleged perpetrator (AP) admitted to taking two of the client’s narcotic tablets for his/her own use.
The client’s service plan included medication administration. The client had physical orders for two tablets of Lortab (Hydrocodone 5 mg / Acetaminophen 500 mg) to be administered every night and one to two tablets as needed up to three times per day.
For more information from the Minnesota Department of Health, Office of Health Facility Complaints concerning nursing homes, assisted living and other elder care providers view resolved complaints at the MDH website.
If you have concerns about physical abuse, financial abuse or any other form of elder abuse or neglect contact Nursing Home Abuse Attorney Kenneth LaBore at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.
It is alleged that neglect occurred with a resident was found with his/her head wedged in the gap between the mattress and the grab bar with his/her head pressing up against the grab bar. As a result s/he sustained swelling to his/her right eye and there was an open wound to his/her head.
Anoka Rehab & Living Center Complaint Findings for Neglect of Health Care – Medications
It is alleged that neglect occurred when a resident was not provided an ordered medication approximately three weeks resulting an adverse effects.
Neglect occurred when the facility staff members changed the resident’s mattress without adjusting the placement of the grab bars, leaving a large gap between the mattress and the grab bar. The resident’s head became entrapped in the gap resulting in swelling and an open wound to the right side of the resident’s face and right eye.
Staff members verified that the resident was found about 4:20 a.m. with his/her head entrapped between the mattress and the grab bars. The resident’s face was swollen and there was blood and superficial open area to the outer right corner of his/her right eye.
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.
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
There was also a recent complaint against Anoka Metro Rehab after a resident suffers injuries by consuming a toxic substance.
Anoka Rehab & Living Center Neglect – Injury Due to Bed Rail was last modified: December 28th, 2019 by Kenneth LaBore
Head Injuries Commonly Occur From Nursing Home Falls
Most head injuries are preventable by definition. They occurs as a result of a failure to provider adequate supervision or timely response to vulnerable adults often when trying to get out of bed, after a call light goes without being answered or getting up from a toilet when left alone, or from improperly performed transfers from patient lifts such as hoyer lifts.
Head Injuries Include Subdural Hematomas
It does not take a fall from a high place or extremely hard trauma to cause permanent injury to the head. Many subdural hematomas occur when someone falls from the height of their bed to the floor. The nightstand or other obstacles such as oxygen tanks are also a risk for head injury if there is a fall. The sharp corners and hard material can cause a localized injury or cut which can lead to swelling, bleeding and sometimes death if not addressed immediately.
Information about Head Injuries and Traumatic Brain Injury
According to the Alzheimer’s Association, traumatic brain injury is a threat to cognitive health in two ways:
A traumatic brain injury’s direct effects, which may be long-lasting or even permanent, can include unconsciousness, inability to recall the traumatic event, confusion, difficulty learning and remembering new information, trouble speaking coherently, unsteadiness, lack of coordination and problems with vision or hearing.
Certain types of traumatic brain injury may increase the risk of developing Alzheimer’s or another form of dementia years after the injury takes place.
The Center for Disease Control, CDC states: in general, total combined rates for traumatic brain injury (TBI)-related emergency department (ED) visits, hospitalizations and deaths have increased over the past decade. Total combined rates of TBI-related hospitalizations, ED visits, and deaths climbed slowly from a rate of 521.0 per 100,000 in 2001 to 615.7 per 100,000 in 2005. The rates then dipped to 595.1 per 100,000 in 2006 and 566.7 per 100,000 in 2007. The rates then spiked sharply in 2008 and continued to climb through 2010 to a rate of 823.7 per 100,000.
Total combined rates of TBI-related hospitalizations, ED visits, and deaths are driven in large part by the relatively high number of TBI-related ED visits. In comparison to ED visits, the overall rates of TBI-related hospitalizations remained relatively stable changing from 82.7 per 100,000 in 2001 to 91.7 per 100,000 in 2010. TBI-related deaths also decreased slightly over time from 18.5 per 100,000 in 2001 to 17.1 per 100,000 in 2010. Note that the axis scale for TBI-related deaths appears to the right of the chart and differs from TBI-related hospitalizations and ED visits.
Minnesota Elder Abuse and Neglect and Head Injury Attorney
Attorney Kenneth LaBore has handled hundreds of elder abuse and neglect cases involving serious injury or death and many due to falls and often resulting in head trauma with some form of permanent brain injury. Many of these cases and injuries have been prevented with proper care and supervision by the provider.
For a free consultation with Kenneth LaBore concerning injuries from falls, including TBI and head injury or other types of elder abuse call 612-743-9048 or 1-888-452-6589 or by email KLaBore@MNnursinghomeneglect.com.
Disclaimer
Head Injuries From Nursing Home Falls was last modified: February 6th, 2019 by Kenneth LaBore
Valley Home Care in Thief River Falls Cited after Failure to Respond to Change of Condition
MDH Cites Valley Home after LACK of INTERVENTION
In a report from the Minnesota Department of Health it is alleged that a client at Valley Home in Thief River Falls when the alleged perpetrator (AP) failed to notify the client’s primary care physician or seek medical intervention when the client showed significant change in health status. The client was found deceased with no vital approximately one hour later.
Failure to Respond to Resident Change in Condition at Valley Home Care
Neglect was substantiated. The facility was responsible for the maltreatment. Nursing staff failed to adequately train unlicensed personnel in the delegated task of checking client’s vital signs, or of what constituted a medical emergency. The client experienced a medical emergency, and because of lack of training, the client’s condition was not immediately reported to nursing and emergency medical services was not immediately summoned. The client’s condition was a medical emergency that reasonably required an immediate response, but the alleged perpetrator was not aware that the findings constituted an emergency.
For a Free Consultation with an experienced elder abuse and neglect attorney call Kenneth LaBore at 612-743-9048.
A common form of neglect in elder care facilities involves a lack of monitoring and oversight coupled with a lack of well trained staff. Training and sufficient numbers of caring nursing staff is essential to respond to changes in condition on a timely basis. Most forms of elder abuse are preventable with proper care and supervision.
If you have concerns about care provided to a resident in a nursing home, assisted living or any other type of elder care provider contact Attorney Kenneth LaBore for a Free Consultation to discuss your legal rights and options.
Disclaimer
Valley Home Care Cited with Neglect by MDH after Failure to Respond to Change in Condition was last modified: February 20th, 2019 by Kenneth LaBore
Walker Methodist Westwood Ridge Cited for Neglect after Resident was Restrained – Failure to Follow Care Plan, Failure to Respond to Change in Condition
Resident Dies After Failure to Assess Change in Condition
In a report from the Minnesota Department of Health, Walker Methodist Westwood was cited after the alleged perpetrator (AP) neglected the Client when the physician was not notified in a timely manner of the client’s change in condition. The client was hospitalized and died the next day.
Neglect was substantiated by the state. The AP was responsible for the maltreatment. The AP failed to report a significant change in the client’s respiratory condition to the primary care provider.
MDH Cites Methodist Walker Westwood Ridge after Neglect – Restraints
In a report from the Minnesota Department of Health it is alleged that a client at Walker Methodist Westwood Ridge when the alleged perpetrator (AP) placed the client’s call button out of reach, unplugged the reclining chair, leaving it reclined; and shut the door. The client was fearful and calling out for help.
Failure to Follow Care Plan Leads to MDH Complaint at Walker Methodist Westwood Ridge
Neglect was substantiated. The facility was responsible for the maltreatment. While attempting to follow the client’s care plan, the alleged perpetrator (AP) unreasonably confined the client when she left the client lying flat in an electric recliner, unplugged it from the wall, and removed the client’s call light. The client was unable reposition himself or press his call light for staff’s assistance. The client became panicked and screamed for help.
For a Free Consultation with an experienced elder abuse and neglect attorney call Kenneth LaBore at 612-743-9048.
A common form of neglect in elder care facilities involves medication management and administration. Most forms of elder abuse are preventable with proper care and supervision.
If you have concerns about care provided to a resident in a nursing home, assisted living or any other type of elder care provider contact Attorney Kenneth LaBore for a Free Consultation to discuss your legal rights and options.
Disclaimer
Methodist Walker Westwood Cited for Neglect after Restraining Client was last modified: December 12th, 2019 by Kenneth LaBore
Substantiated Neglect Against Good Samaritan Society Albert Lea after Failure to Change Wound Dressing Leads to MAGGOTS
The MDH Cites Good Samaritan Albert Lea after MAGGOTS found in Resident’s Wound
Horrific but apparently true. According to a report from the Minnesota Department of Health a resident at Good Samaritan Society Albert Lea was neglected when facility staff failed to change a wound dressing which resulted in the resident being sent to the emergency room for maggots inside the wound.
If you have concerns about poor wound care provided at a Good Samaritan facility or any other care provider call Attorney Kenneth LaBore for a Free Consultation at 1-888-452-6589.
Based on a preponderance of evidence, neglect was substantiated. The facility was responsible for the maltreatment. Maggots infested the resident’s wound after two staff failed to assess and care for the resident’s wound per physician orders.
The investigation included interviews with facility staff, including administrative staff, nursing staff, and unlicensed staff. Law enforcement was contacted. The investigation also included observations of resident wound dressing, and review of wound care assessments, treatments, and documentation.
In addition to the nasty maggots in the wound of a resident here are other examples of neglect at Good Samaritan Albert Lea
Neglect of Health Care – Medications Good Samaritan Albert Lea
Good Samaritan Albert Lea Complaint Findings for Neglect – Medications
It is alleged that neglect occurred when staff responsible for medication administration failed to follow a physician’s order, causing a resident’s weight to fluctuate 20 pounds in 15 days.
Substantiated Medication Error Complaint Good Samaritan Albert Lea
The preponderance of evidence establishes that neglect is substantiated when multiple nursing staff failed to follow a physician’s order as a result, a resident’s diuretic was not correctly administered within the parameters specified by the physician, for 14 days. During this time, the resident’s weight fluctuated by 17 pounds.
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.
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
Good Samaritan Albert Lea Neglect – MAGGOTS was last modified: February 21st, 2019 by Kenneth LaBore
Medication Theft from Client at arbor Park Living Center
In a report from the Minnesota Department of Health it is alleged that a client at Arbor Park Living Center was exploited when the alleged perpetrator took narcotic medications for his/her own use, resulting in increased pain.
Arbor Park Living Center Resident Victim of Drug Theft – Medication Theft
Based on a preponderance of the evidence, financial exploitation occurred when a client’s narcotic medication Percocet (oxycodone-acetaminophen combination) was stolen by the alleged perpetrator (AP).
For a Free Consultation with an Experienced Elder Neglect Attorney call Kenneth LaBore Toll Free at 1-888-452-6589.
Arbor Park Living Center Staff Member Steals Pain Medication
There are many forms of elder abuse and neglect. Having medications stolen or pain killers taken by staff is a common problem which has many negative outcomes. The resident is without much needed medication and the staff member is not able to care for the resident if they are taking narcotic medications. This leads to new and different injuries such as falls, fractures, sores, infections and more.
If you suspect elder or vulnerable adult neglect or abuse contact the Minnesota Adult Abuse Reporting Center answered 24 hours a day, 7 days a week at 1-844-880-1574.
If you have concerns about care provided to a resident in a nursing home, assisted living or any other type of elder care provider contact Attorney Kenneth LaBore for a Free Consultation to discuss your legal rights and options.
Disclaimer
Medication Theft from Client at Arbor Park Living Center was last modified: February 19th, 2019 by Kenneth LaBore
Client was Neglected at Augustana Regent at Burnsville – Failure to Provide Proper Wound Care – Decubitus Ulcer
Failure to Provide Proper Wound Care at Augustana Regent at Burnsville
In a report from the Minnesota Department of Health it was alleged that a client at Augustana Regent at Burnsville was neglected when the alleged perpetrator failed to provide wound care to the client. The physical therapist went out to see the client and noted multiple pressure ulcers and two deep tissue injuries with drainage. The client was totally dependent, but the facility failed to provide care. In addition, the client was found lying in a urine soaked brief with no bandage covering the open wound on his/her hip.
For a Free Consultation with an Experienced Elder Neglect Attorney call Kenneth LaBore Toll Free at 1-888-452-6589.
Augustana Regent at Burnsville Cited with Neglect
According to the report the allegation of neglect is substantiated. The home care provider failed to complete skin assessments, resulting in the client developing five wounds requiring skilled nursing services.
Pressure sores and other wounds are preventable in most circumstances. Poor care and a lack of well train staff leads to serious injuries.
If you suspect elder or vulnerable adult neglect or abuse contact the Minnesota Adult Abuse Reporting Center answered 24 hours a day, 7 days a week at 1-844-880-1574.
If you have concerns about care provided to a resident in a nursing home, assisted living or any other type of elder care provider contact Attorney Kenneth LaBore for a Free Consultation to discuss your legal rights and options.
Disclaimer
Neglect of Wound Care at Augustana Regent at Burnsville was last modified: February 19th, 2019 by Kenneth LaBore
Apollo Homes in Hugo cited by MDH failed to provide necessary cares or services, resident sent to hospital
Apollo Homes Client Requires Hospitalization
It is alleged in a report from the Minnesota Department of Health that a client from Apollo Homes in Hugo was neglected when the alleged perpetrator failed to provide staffing for the client’s cares leading to the client being sent to the hospital. The client was discharged from Apollo Homes Inc. services upon hospitalization.
For a Free Consultation with an Experienced Elder Neglect Attorney call Kenneth LaBore Toll Free at 1-888-452-6589.
Apollo Homes Failed to Provide Necessary Care or Services for Resident
Based on a preponderance of evidence, neglect of healthcare is substantiated. The alleged perpetrator (AP) failed to supply the client with care or services that were reasonable and necessary to maintain the client’s physical or mental health or safety when the AP did not ensure the appropriate staff reported to the client’s home for duty, and did not have an appropriate contingency plan, requiring the client’s family member to call 911 and the client to the hospital.
If you suspect elder or vulnerable adult neglect or abuse contact the Minnesota Adult Abuse Reporting Center answered 24 hours a day, 7 days a week at 1-844-880-1574.
If you have concerns about care provided to a resident in a nursing home, assisted living or any other type of elder care provider contact Attorney Kenneth LaBore for a Free Consultation to discuss your legal rights and options.
Disclaimer
MDH cites Apollo Homes in Hugo after Client was Neglected was last modified: February 20th, 2019 by Kenneth LaBore
Federal Requirements for Nursing Homes and Long Term Care Facilities
Federal Requirements for Long Term Care Facilities – 42 CFR 483
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.
Here is the Nursing Home Reform Act Federal Requirements for Long Term Care Facilities
These federal requirements for long term care facilities set the standard of care for the facility, staff and medical providers.
Quality of care is a fundamental principle that applies to all treatment and care provided to facility residents. Based on the comprehensive assessment of a resident, the facility must ensure that residents receive treatment and care in accordance with professional standards of practice, the comprehensive person-centered care plan, and the resident’s choices, including but not limited to the following:
(a) Vision and hearing. To ensure that residents receive proper treatment and assistive devices to maintain vision and hearing abilities, the facility must, if necessary, assist the resident—
(1) In making appointments, and
(2) By arranging for transportation to and from the office of a practitioner specializing in the treatment of vision or hearing impairment or the office of a professional specializing in the provision of vision or hearing assistive devices.
(b) Skin integrity.
(1) Pressure ulcers. Based on the comprehensive assessment of a resident, the facility must ensure that—
(i) A resident receives care, consistent with professional standards of practice, to prevent pressure ulcers and does not develop pressure ulcers unless the individual’s clinical condition demonstrates that they were unavoidable; and
(ii) A resident with pressure ulcers receives necessary treatment and services, consistent with professional standards of practice, to promote healing, prevent infection and prevent new ulcers from developing.
(2) Foot care. To ensure that residents receive proper treatment and care to maintain mobility and good foot health, the facility must—
(i) Provide foot care and treatment, in accordance with professional standards of practice, including to prevent complications from the resident’s medical condition(s) and
(ii) If necessary, assist the resident in making appointments with a qualified person, and arranging for transportation to and from such appointments.
(c) Mobility.
(1) The facility must ensure that a resident who enters the facility without limited range of motion does not experience reduction in range of motion unless the resident’s clinical condition demonstrates that a reduction in range of motion is unavoidable; and
(2) A resident with limited range of motion receives appropriate treatment and services to increase range of motion and/or to prevent further decrease in range of motion.
(3) A resident with limited mobility receives appropriate services, equipment, and assistance to maintain or improve mobility with the maximum practicable independence unless a reduction in mobility is demonstrably unavoidable.
(d) 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.
(e) Incontinence.
(1) The facility must ensure that a resident who is continent of bladder and bowel on admission receives services and assistance to maintain continence unless his or her clinical condition is or becomes such that continence is not possible to maintain.
(2) For a resident with urinary incontinence, based on the resident’s comprehensive assessment, the facility must ensure that—
(i) A resident who enters the facility without an indwelling catheter is not catheterized unless the resident’s clinical condition demonstrates that catheterization was necessary;
(ii) A resident who enters the facility with an indwelling catheter or subsequently receives one is assessed for removal of the catheter as soon as possible unless the resident’s clinical condition demonstrates that catheterization is necessary, and
(iii) A resident who is incontinent of bladder receives appropriate treatment and services to prevent urinary tract infections and to restore continence to the extent possible.
(3) For a resident with fecal incontinence, based on the resident’s comprehensive assessment, the facility must ensure that a resident who is incontinent of bowel receives appropriate treatment and services to restore as much normal bowel function as possible.
(f) Colostomy, urostomy, or ileostomy care. The facility must ensure that residents who require colostomy, urostomy, or ileostomy services, receive such care consistent with professional standards of practice, the comprehensive person-centered care plan, and the residents’ goals and preferences.
(g) Assisted nutrition and hydration. (Includes naso-gastric and gastrostomy tubes, both percutaneous endoscopic gastrostomy and percutaneous endoscopic jejunostomy, and enteral fluids). Based on a resident’s comprehensive assessment, the facility must ensure that a resident—
(1) Maintains acceptable parameters of nutritional status, such as usual body weight or desirable body weight range and electrolyte balance, unless the resident’s clinical condition demonstrates that this is not possible or resident preferences indicate otherwise;
(2) Is offered sufficient fluid intake to maintain proper hydration and health; and
(3) Is offered a therapeutic diet when there is a nutritional problem and the health care provider orders a therapeutic diet.
(4) A resident who has been able to eat enough alone or with assistance is not fed by enteral methods unless the resident’s clinical condition demonstrates that enteral feeding was clinically indicated and consented to by the resident; and
(5) A resident who is fed by enteral means receives the appropriate treatment and services to restore, if possible, oral eating skills and to prevent complications of enteral feeding including but not limited to aspiration pneumonia, diarrhea, vomiting, dehydration, metabolic abnormalities, and nasal-pharyngeal ulcers.
(h) Parenteral fluids. Parenteral fluids must be administered consistent with professional standards of practice and in accordance with physician orders, the comprehensive person-centered care plan, and the resident’s goals and preferences.
(i) Respiratory care, including tracheostomy care and tracheal suctioning. The facility must ensure that a resident who needs respiratory care, including tracheostomy care and tracheal suctioning, is provided such care, consistent with professional standards of practice, the comprehensive person-centered care plan, the residents’ goals and preferences, and §483.65 of this subpart.
(j) Prostheses. The facility must ensure that a resident who has a prosthesis is provided care and assistance, consistent with professional standards of practice, the comprehensive person-centered care plan, and the residents’ goals and preferences, to wear and be able to use the prosthetic device.
(k) Pain management. The facility must ensure that pain management is provided to residents who require such services, consistent with professional standards of practice, the comprehensive person-centered care plan, and the residents’ goals and preferences.
(l) Dialysis. The facility must ensure that residents who require dialysis receive such services, consistent with professional standards of practice, the comprehensive person-centered care plan, and the residents’ goals and preferences.
(m) Trauma-informed care. The facility must ensure that residents who are trauma survivors receive culturally-competent, trauma-informed care in accordance with professional standards of practice and accounting for residents’ experiences and preferences in order to eliminate or mitigate triggers that may cause re-traumatization of the resident.
(n) Bed rails. The facility must attempt to use appropriate alternatives prior to installing a side or bed rail. If a bed or side rail is used, the facility must ensure correct installation, use, and maintenance of bed rails, including but not limited to the following elements.
(1) Assess the resident for risk of entrapment from bed rails prior to installation.
(2) Review the risks and benefits of bed rails with the resident or resident representative and obtain informed consent prior to installation.
(3) Ensure that the bed’s dimensions are appropriate for the resident’s size and weight.
(4) Follow the manufacturers’ recommendations and specifications for installing and maintaining bed rails.
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.
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
Federal Requirements for Long Term Care Facilities was last modified: May 2nd, 2018 by Kenneth LaBore
