Archive for the ‘Bed Rail Strangulation and Asphyxiation’ Category


Falls From Bed in Nursing Homes

Written By: Kenneth LaBore | Published On: 30th January 2017 | Category: Bed Rail Strangulation and Asphyxiation, Fall Injuries, Hoyer Lift, Nursing Home Abuse and Neglect, Patient Lift, Wrongful Death | RSS Feed
Nursing Home Injuries Falls From Bed

Nursing Home Injuries Falls From Bed

Falls From Bed

There are many injuries which happen in areas you would think you are safe such as in bed. It is not uncommon for vulnerable adults such as nursing home residents to have falls from bed from rolling out of bed, or losing their balance exiting or entering bed. Serious injuries can occur from falling from the bed and hitting the bed, floor or nightstand or other obstacle near the bed such as a table or oxygen tank. Residents can suffer femur and hip fractures, and other life threatening injuries such as head injuries with hematomas.  Many accident also happen when residents are transferred from wheelchairs to bed or from mechanical patient lifts to and from beds and lose balance or fall from the lift.

Approximately 1.8 million emergency room visits and over 400 thousand hospital admission occur to those over the age of 65 resulted from falling out of bed according to the Center for Disease Control.

Falls From Bed Can Be Prevented

Pursuant to 42 CFR 483.25, 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:

(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.

(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.

Pursuant to Minnesota Statute 144.7056, Subdivision 1., each facility shall report to the commissioner the occurrence of any of the adverse health care events described in subdivisions 2 to 7 as soon as is reasonably and practically possible, but no later than 15 working days after discovery of the event. The report shall be filed in a format specified by the commissioner and shall identify the facility but shall not include any identifying information for any of the health care professionals, facility employees, or patients involved. The commissioner may consult with experts and organizations familiar with patient safety when developing the format for reporting and in further defining events in order to be consistent with industry standards.

Minnesota Statute 144,7065, Subd. 5., mandates reporting under care management events. Events reportable under this subdivision (7) patient death or serious injury associated with a fall while being cared for in a facility

Attorney For Falls From Bed

I 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.

Disclaimer

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Wrongful Death From Falls in Minnesota Nursing Homes

Written By: Kenneth LaBore | Published On: 29th January 2017 | Category: Bed Rail Strangulation and Asphyxiation, Fall Injuries, Grab Bars, Patient Lift, Wrongful Death | RSS Feed
Minnesota Nursing Home Elder Abuse Wrongful Death Falls Fracture and Head Injuries

Minnesota Nursing Home Elder Abuse Wrongful Death Falls Fracture and Head Injuries

Wrongful Death From Falls Due to Elder Neglect

There are many types of elder neglect that can lead to injuries and wrongful death falls being the leading one.   There are many situations when a resident of a nursing home, assisted living or other elder care facility is at risk of falls.   There advanced age or diminished physical or mental capacity or need for rehabilitation helps create situations where falls may be more likely such as falls from patient lifts, wheelchairs, due to medications or existing injury or disability.

Information About Wrongful Death From Falls

According to the Center for Disease Control and Prevention, CDC, about 1,800 people living in nursing homes die each year from falls. About 10% to 20% of nursing home falls cause serious injuries; 2% to 6% cause fractures. Falls result in disability, functional decline and reduced quality of life. Fear of falling can cause further loss of function, depression, feelings of helplessness, and social isolation.

Wrongful Death From Falls Rates CDC

Wrongful Death From Falls Rates CDC

One of the more serious types of fall injuries are head and neck injuries.  Often residents are very frail and fall from lifts, chairs, or even the height of a bed can cause serious skull and head injuries.  The swelling on the brain usually from a subdural hematoma often needs surgery such as a craniotomy to relieve the pressure and swelling.  Serious falls can lead to permanent traumatic brain injury, TBI or death.

Another cause of death is related to a series of conditions related to fall injuries, such as pelvic and hip fractures.   The medication, lack of mobility, stress on the system, respiratory distress and pain all lead up to a cardiac arrest.

Wrongful Death From Falls Are Preventable Accidents

According to federal law residents in nursing homes need to be assessed for risks and measures taken to protect the vulnerable adults from foreseeable accidents and related injuries such as falls, medication errors, abuse, and others.  One of the more common ways residents suffer life threatening injuries is due to being dropped or falls from Hoyer type patient lifts used for transfers from bed to wheelchair and other mobility uses.  Falls from wheelchairs when not in transfer are also risks due to residents slipping from chairs when not secured, tipping of the chair, curbs, ramps and stairs.

The CDC, offer the following tips on prevention of falls in nursing homes:

  •  Assessing patients after a fall to identify and address risk factors and treat the underlying medical conditions.
  • Educating staff about fall risk factors and prevention strategies.
  • Reviewing prescribed medicines to assess their potential risks and benefits and to minimize use.
  • Making changes in the nursing home environment to make it easier for residents to move around safely. Such changes include putting in grab bars, adding raised toilet seats, lowering bed heights, and installing handrails in the hallways.
  • Providing patients with hip pads that may prevent a hip fracture if a fall occurs.
  • Exercise programs can improve balance, strength, walking ability, and physical functioning among nursing home residents. However, such programs do not appear to reduce falls.
  • Vitamin D supplementation has been shown in a number of studies to reduce falls in nursing home residents. However, vitamin D as a fall intervention remains controversial.
  • Teaching residents who are not cognitively impaired behavioral strategies to avoid potentially hazardous situations is a promising approach.

Wrongful Death From Falls Attorney

If you have a loved one who died from abuse and neglect leading to wrongful death contact Kenneth LaBore to get accountability.  There is no fee unless there is a verdict or settlement offer from the wrongdoer.  Mr. LaBore can be reached directly for a free consultation at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

Disclaimer

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Nursing Home Fall Injury Lawyer

Written By: Kenneth LaBore | Published On: 25th January 2017 | Category: Bed Rail Strangulation and Asphyxiation, Fall Injuries, Grab Bars, Guards, Hoyer Lift, Inadequate Staffing/Training, Medical Device Product Liability, Nursing Home Abuse and Neglect, Patient Lift, Wrongful Death | RSS Feed
Head Injury, Arm Fracture, Hip Fracture, Femur Fracture, Subdural Hematoma, Hip Fracture, and Reasons to Call Nursing Home Fall Injury Lawyer Kenneth LaBore

Head Injury, Arm Fracture, Hip Fracture, Femur Fracture, Subdural Hematoma, Hip Fracture, and Reasons to Call Nursing Home Fall Injury Lawyer Kenneth LaBore

Minnesota Nursing Home Fall Injury Lawyer

A personal injury attorney who is the area of practice as a nursing home fall injury lawyer is handling a case that is a combination of many types of cases in Minnesota. There is a breach of a duty, which is a negligence claim, but since most cases involve a care or service obligation of a professional nature an expert affidavit is needed to support the elements of the case unless admitted by the defendant facility, such as duty, breach, causation (breach of duty caused alleged injury) and damages as prescribed by Minnesota Jury Instructions.

Many of the cases I see are falls or falls in combination of some other form of related neglect such as medication error, dehydration etc.  I assembled a summary of information for nursing home fall injuries.

Legal Obstacles for Nursing Home Fall Injury Lawyer

The minimum standards of care for nursing homes is set for in state and federal regulations and there are several which apply to the issue of falls and fall prevention in nursing homes. In general a resident entering a nursing home or skilled nursing facility needs to have a comprehensive assessment performed by qualitied professionals such as a doctor or nurse practitioner, physical therapist, occupational or speech therapist, dietary, and others depending on the care needs of the resident at that time. The facility is obligated to perform subsequent assessments when there is a change in the condition of the nursing home resident with the intent to get intervention to assist or get out side care if needed.

Here is More Information about Nursing Home Fall Injury

The American Academy of Orthopedic Surgeons publishes a fall prevention brochure for seniors.

The Centers for Disease Control and Prevention and the National Center for Injury Prevention and Control offer various sheets and education materials on fall prevention strategies and statistics.

The Centers for Disease Control and Prevention and the National Center for Injury Prevention and Control produces: Falls – Older Adults.

The Centers for Disease Control and Prevention and the National Center for Injury Prevention and Control also produces: What Outcomes are Linked to Falls? and Hip Fractures Among Older Adults.

The Minnesota Department of Health and the Center for Medicare and Medicaid Services CMS has a power point on Who is at Risk? and How Can Older Adults Prevent Falls?

Nursing Home Fall Injury Lawyer Kenneth LaBore

Kenneth LaBore is an attorney who has handled thousands of injury cases and hundreds of elder abuse neglect and wrongful death claims for clients throughout the state of Minnesota.   Many of the cases include falls, medication errors, failure to respond to a change in condition, assaults and other forms of abuse and neglect.  There is a common theme of short staffing leading to a environment where vulnerable adults usually senior citizens some with dementia or Alzheimer’s are put at risk.

For a free consultation with Nursing Home Injury Lawyer Kenneth LaBore call him directly at 612-743-9048 or toll free at 1-888-452-6589.  Mr. LaBore can also be reached by email at KLaBore@MNnursinghomeneglect.com.   There is no fee unless there is a verdict or settlement with wrongdoer.

Disclaimer

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Elders Home New York Mills Neglect – Medication Theft

Written By: Kenneth LaBore | Published On: 12th March 2015 | Category: Bed Rail Strangulation and Asphyxiation, Financial Exploitation, Home Health Care, Wrongful Death | RSS Feed
Exploitation Drug Diversion - Medication Theft, Neglect of Health Care at Elders Home New York Mills Minnesota

Exploitation Drug Diversion – Medication Theft, Neglect of Health Care at Elders Home New York Mills Minnesota

Elders Home New York Mills Complaint Findings for Exploitation

In a report concluded on May 22, 2014, the Minnesota Department of Health cites Elders Home New York Mills for exploitation – drug diversion.

It is alleged that exploitation occurred when the alleged perpetrator (AP) took narcotic medications from Residents #1, #2, #3, #4, #5, #6, and #7.

Elders Home New York Mills Complaint Findings for Neglect, Bed Rail Entrapment

In another report concluded on April 16, 2014, the Minnesota Department of Health cites Elders Home New York Mills for neglect of health care.

It is alleged that neglect occurred related to a resident who was found deceased, positioned half way out of bed with the side rails out.

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 injury from medical equipment, Minnesota Nursing Home Wrongful Death Attorney, or any other form of elder abuse or neglect contact Minnesota Elder Abuse and Neglect Attorney Kenneth LaBore at 1-888-452-6589 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

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

 

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Anoka Rehab & Living Center Neglect – Injury Due to Bed Rail

Written By: Kenneth LaBore | Published On: 2nd March 2015 | Category: Bed Rail Strangulation and Asphyxiation, Medication Administration Mistakes, Medication Drug Error, Nursing Home Abuse and Neglect | RSS Feed
Neglect, Bed Rails, Grab Bars, Mattress, Nursing Home Bed - Anoka Rehab & Living Center

Neglect, Bed Rails, Grab Bars, Mattress, Nursing Home Bed – Anoka Rehab & Living Center

Anoka Rehab & Living Center Complaint Findings for Unexplained Injury

In a report concluded on March 3, 2014, the Minnesota Department of Health cites Anoka Rehab for an unexplained injury to patient.

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

In another report concluded on June 20, 2013, the Minnesota Department of Health cites Anoka Rehab 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.

If you have concerns about medication errors, medication theft, bed rails or any other form of elder abuse or neglect contact Minnesota Elder Abuse Attorney Kenneth LaBore at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

Disclaimer

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

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

 

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Bed Siderails Use Still a Major Issue in Minnesota Nursing Homes

Written By: Kenneth LaBore | Published On: 17th October 2013 | Category: Bed Rail Strangulation and Asphyxiation, Fall Injuries, Grab Bars, Guards, Wrongful Death | RSS Feed
Neglect, Bed Rails, Grab Bars, Mattress, Nursing Home Bed Entrapment

Neglect, Bed Rails, Grab Bars, Mattress, Nursing Home Bed Entrapment, Bed Siderails

Use of Bed Siderails in Nursing Homes

According to nursing home industry and research and new articles – it was nearly two decades ago when it was realized that the bed siderails on the beds used in hospitals and nursing homes presented a danger. Senior citizens were getting entangled in the rails or trapped between the rail and the mattress.

Since 1998, measures were put in place make rails safer, but that didn’t stop the rail deaths. More and more beds throughout Minneapolis and all through Minnesota have either had the rails taken off when possible or new types of railings put on.

The number of elderly people injured by bed side rails is in the thousands and the number killed is in the hundreds. The purpose of the rails is to make sure the individual doesn’t fall out of the bed. However, some have had their heads stuck in the rails and they have experienced severe injury or they have suffocated.

In 1999, a report was done on the dangers of siderails. At that time there were 7 Minnesota patient deaths in a two year period. Nationwide there were 74 deaths over a three-year period.

The report found that nursing homes, federal regulators, and the bed manufacturers knew for decades that bed siderails were hazardous. The most that had been done up to that point was a warning to nursing homes by the FDA in 1995. After that, very little was done to correct the problem.

Safety Concerns Addresssed – Bed Siderails, Bedrails, Guard rails

According to the FDA, this Safety Alert concerns entrapment hazards associated with the use of hospital bed side rails in a small, identifiable patient population, and recommends certain actions to prevent such hazards. The Alert is not specific to any manufacturer or product; it is part of a cooperative effort between FDA, the healthcare industry, and manufacturers to resolve the problem. Currently, no universal standards exist for design of hospital bed side rails.

Since January 1990, FDA has received 102 reports of head and body entrapment incidents involving hospital bed side rails. The 68 deaths, 22 injuries, and 12 entrapments without injury occurred in hospitals, long-term care facilities, and private homes. The U.S. Consumer Product Safety Commission, the United Kingdom Department of Health, and the Canadian Health Protection Branch have also received similar reports of entrapment.(1,2,3) Although the number of reported incidents is small relative to the large number of patients who use hospital beds, we believe appropriate precautions can reduce further incidents.

Fifteen years later, patients are continuing to die from bedrail incidents. Some of these incidents include trapping between the mattress and the siderail, entrapment between air mattresses and siderails, and becoming entangled in the rail.

Between 2003 and 2012, the Consumer Product Safety Commission states that nearly 37,000 people nationwide visited emergency rooms and there were 155 deaths because of bed siderails. Many of these accidents occurred in assisted living facilities, nursing homes, and patient homes. Most of the victims were over the age of 60.

It is believed that the number of siderail deaths in nursing homes is underreported. It can be very easy for a facility to attribute the cause of death to the condition that landed them in the nursing home to begin with. There was even a case where the nursing home hid the bed mattress after a patient strangled to death in the rails. In addition to underreporting, confidentiality clauses that are inserted into lawsuit settlements can mask the problem.

Where children’s cribs and the side rails to children’s beds are regulated, adult siderails are mostly unregulated.

In 1999, health care representatives and government regulators had meetings to find a solution to the problem, but little progress resulted. Hospitals simply received guidance regarding siderails in 2006. There was also an abandoned suggestion to require warning labels.

Nonetheless, medical professionals have argued that the safety of bedrails far outweigh the risks in that they keep people from falling out of their beds and experiencing broken bones or even death.

Part of the problem in nursing homes is that mattress and bedrails are frequently mixed and matched, resulting in mattresses that don’t compress easily or fit being paired with the wrong type of bedrail. This can leave a gap for a patient to become trapped in. This has been deemed the result of poor training on the matter rather than a case of nursing home neglect unless the employee is trained on proper bed assembly. With no regulations, even the facilities are not penalized for poor training of employees.

Steps are being made to write standards for siderails to avoid accidents, but there is no timeline on how long the process will take.

If you have concerns about someone injured by bed siderails or any other type of medical equipment, call Nursing Home Neglect Lawyer Kenneth LaBore for a Free Consultation at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com

Disclaimer

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

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

 

Facebooktwittergoogle_plusredditpinterestlinkedinmail