Archive for the ‘Fall Injuries’ Category

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Resident at Cook County Northshore Falls from Lift and Fractures Arm

Written By: Kenneth LaBore | Published On: 21st March 2017 | Category: Fall Injuries, Patient Lift | RSS Feed

Fractures and Other Injuries – Cook County Northshore Resident Falls from Lift and Fractures Arm

Preventable Neglect – Cook County Northshore Resident Falls from Lift and Fractures Arm

In a report dated February 28, 2017, from the Minnesota Department of Health a resident at Cook County Northshore Hospital and Care Center in Grand Marais was neglected with the alleged perpetrator (AP) transferred the resident with the use of a standing lift. The resident sustained a fractured arm.

Cook County Northshore Substantiated Neglect after Fall with Fracture

Based on a preponderance of the evidence, neglect occurred when the AP transferred the resident with a mechanical standing lift and did use the seated sling strap that was necessary for a safe transfer. The resident was injured during the transfer and fractured and arm.

The resident had dementia. The resident’s care card indicated the resident required one staff to use a standing lift for all transfers. The resident’s care card instructed staff to use the seated sling strap and leg strap when using the mechanical standing lift with the resident.

After a shower, the AP attempted to transfer the resident from the shower chair to the resident’s wheelchair. The AP used a standing lift for the transfer. The AP applied the back strap and the leg strap, but did not secure the seated sling strap. Before the resident was lowered into the wheelchair, the resident stepped backward off the standing lift platform. The AP turned the resident’s call light on for help. A couple minutes passed and no one responded to the call light. The AP left the resident’s room with the resident on the standing lift. A couple of minutes later the AP returned with another staff member. The resident slipped further down in the standing lift. The back strap caught the resident under the arms. The resident hung in the lift by the arms. The resident’s legs were twisted. The nurse assessed the resident. The resident had pain in the right arm and bruises. The resident was transferred to the clinic. An x-ray was obtained, and the resident had a fracture of the right proximal humerus.

The physician was interviewed and indicated the resident’s injuries were consistent with the events of the transfer.

The alleged perpetrator was interviewed and said s/he was not trained to use the seated sling strap and was not trained to look at the care card before providing care to the resident. The AP stated the training she received to use the standing lift equipment was done by following another staff member.

Staff interviews and training documents confirmed the AP was not trained to use the resident’s care card, standing lift equipment, and seated sling strap.

Report Suspected Neglect or Quality of Care Issues – Cook County Northshore Hospital

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.

Kenneth LaBore has a love of the Northshore and has a home in the Grand Marais area and is available to meet you in Grand Marais at your convenience.

If you have concerns about falls from Hoyer or other mechanical lifts 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

Red Wing Health Center Red Wing Neglect Substantiated

Written By: Kenneth LaBore | Published On: 1st March 2017 | Category: Fall Injuries, Financial Exploitation | RSS Feed

Substantiated Allegation of Neglect at Red Wing Health Center After Resident Suffers From Unstageable Pressure Ulcers Stage III/IV Pressure Sores While at the Facility

Red Wing Health Center Resident Suffers from Pressure Sores

In a report dated January 23, 2017 the Minnesota Department of Health alleged that a resident at Red Wing Health Center in Red Wing was neglected when s/he developed several unstageable pressure ulcers and Stage III/IV pressure ulcers while s/he was at the facility.

Red Wing Health Center Substantiated Neglect Due to Pressure Ulcers

Based on a preponderance of the evidence, neglect occurred when facility staff failed to implement a resident’s designated care plan interventions to heal pressure ulcers and prevent new ulcers from developing. Although facility nurses were aware that the resident was resisting the care plan interventions, facility nurses failed to address any alternative approaches for effective wound management. The resident developed nine new pressure ulcers in four months, including several that became infected and exhibited serious characteristics such as tunneling with depth, exposing muscle and bone. The resident was hospitalized twice in four months with sepsis from wound infections.

The resident was admitted to the facility from another long-term care facility at the end of April 2016. At the time of admission, the resident had two pressure ulcers, an unstageable pressure ulcer on the sacrum (2.7 cm x 1.5 cm x .4 cm) and a Stage II pressure ulcer on the right heel (1.8 cm x 1 cm). The resident has complete paraplegia and multiple sclerosis. The resident is unable to move his/her legs and has limited use of his/her arms. The resident can use an electric wheelchair independently which the resident propels with a joy stick. The resident is alert and oriented.

The resident had an alternating air mattress on his/her bed and a pressure redistributing cushion in the electric wheelchair. Staff were supposed to turn and re-position the resident every two hours and offload the resident hourly per the resident’s care plan, but these interventions were not carried out. There was no planned turning or re-positioning schedule for pressure redistribution and staff did not offer to turn or reposition the resident unless the resident requested it. The resident was expected to offload him/herself by reclining the backrest of the wheelchair, but the frequency of offloading was not monitored by staff. The nursing assistant care guides regarding the resident’s daily care tasks were void of any interventions aimed at wound management, including turning, re-positioning, or offloading the resident. Nurses did not provide adequate oversight of the resident’s daily care by nursing assistants or the resident’s daily needs to heal wounds and prevent new wounds from developing.

Although staff stated that the resident consistently refused wound management interventions, there was no evidence that staff evaluated the inadequacy of interventions of assessed the resident’s individualized needs for alternative interventions. At the end of June 2016, the resident was hospitalized with sepsis due to a sacral wound infection. The sacral pressure ulcer had deteriorated to Stage IV with exposed muscle and Stage II pressure ulcer on the right hip (10 cm in diameter), a Stage II pressure ulcer on the left hip (6 cm in diameter), a Stage II pressure ulcer on the left ischium (2 cm x 2 cm), and a Stage II pressure ulcer on the right ischium (2 cm x 2 cm).

After the resident returned to the facility from the hospital, there was no evidence that staff re-evaluated the resident’s care plan interventions to determine modifications necessary for wound management and skin integrity. There was no evidence that staff initiated structured care interventions, including possible behavioral strategies, to promote wound healing and prevent new skin breakdown.

In mid-September 2016, the resident was hospitalized again with sepsis due to wound infections. On hospital admission, the resident had eleven pressure ulcers. Four of eleven pressure ulcers had grossly deteriorated. The sacral pressure ulcer (12 cm x 10 cm) was unstageable with purulent foul drainage and macerated edges. The left hip pressure ulcer was unstageable (9 cm x 7 cm) with purulent foul drainage. The right hip pressure ulcer had deteriorated to Stage IV (12 cm x 12 cm 1.5 cm) with bone felt at the bottom of the wound bed. The right ischium pressure ulcer had deteriorated to Stage IV (6 cm 5 cm 6 cm) with muscle exposed. The resident also had seven additional pressure ulcers, including Stage III pressure ulcer on the left lateral ankle (3.5 cm x 2.0 cm), five pressure ulcers classified as unstageable on the right posterior shoulder (5.0 cm x 4.0 cm), the right heel (2.0 cm x 2.0 cm x 2.5 cm), the left heel (2.2 cm x 1.2 cm), the left lateral foot (1.0 cm x 1.5 cm), the right medical ankle (1.3 cm 0.7 cm), and a Stage I pressure ulcer on the right lateral ankle. The resident was hospitalized for eight days due to the seriousness of the wounds.

After the resident returned to the facility from the hospital, there was no evidence that staff re-evaluated the resident’s care approaches or made any changes in the resident’s daily care routine. At the time of the onsite investigation, staff were not turning, repositioning, or offloading the resident and the Nurse Manager of the resident’s until did not know how many wounds the resident had, what the condition of the resident’s wounds were, or what the care plan interventions were to heal the resident’s wounds and prevent new wounds from developing.

Red Wing Health Center – Report Abuse and Neglect

Click Here For Link To Report Abuse To Adult Protection

Hold Negligent Providers Like Red Wing Health Center Accountable

Attorney Kenneth LaBore has handled many preventable serious and fatal burn injuries, many due to the failure to follow safety policies and procedures related to oxygen use and smoking. Burns can also happen from scalding water, heaters and electric pads and blankets and other ways.

If you have concerns about pressure sore injuries or any other form of elder abuse or neglect contact Minnesota Elder Abuse Attorney Kenneth LaBore toll free at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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

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Physical Abuse by Staff Heritage House of Milaca Minnesota

Heritage House of Milaca Complaint Findings for Exploitation

In a report concluded on January 31, 2011, the Minnesota Department of Health cites Heritage House of Milaca for exploitation by staff.

The allegation is abused based on the following: Employee (A), alleged perpetrator (AP) grabbed Client #1’s wrist causing bruising on Client #1’s hand and wrist.

Substantiated Complaint Against Heritage House of Milaca

According to the National Center on Elder Abuse, elder abuse is a growing problem. While we don’t know all of the details about why abuse occurs or how to stop its spread, we do know that help is available for victims. Concerned people, like you, can spot the warning signs of a possible problem, and make a call for help if an elder is in need of assistance.

•Physical Abuse
•Sexual Abuse
•Emotional or Psychological Abuse
•Neglect
•Abandonment
•Financial or Material Exploitation
•Self-neglect

If you have concerns about financial exploitation 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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Wheelchair Injury Fall Red Wing Health Center Red Wing Minnesota

Red Wing Health Center Cited for Abuse – Exploitation – Drug Diversion

In a report dated February 4, 2016, the Minnesota Department of Health cited Red Wing Health Center alleged that a resident was financially exploited when a staff, alleged perpetrator (AP) took a resident’s pain medication for his/her own personal use.

Based on a preponderance of the evidence financial exploitation did occur when the alleged perpetrator (AP) took 39 oxycodone (a narcotic) tablets from the resident for his/her own personal use over a period of approximately a month.

Red Wing Health Center Red Wing Complaint Findings for Neglect – Falls

In a report concluded on April 26, 2012, the Minnesota Department of Health cites Red Wing Health Center Red Wing for neglect of health care -falls.

The allegation is neglect based on the following: Resident #1 had a fall, with serious injuries, when Employee (J)/Alleged Perpetrator (AP) placed Resident #1 in the wrong wheelchair, which did not have a pressure alarm or self-release seat belt.

If you have concerns about falls, fractures, financial exploitation or any other form of elder abuse or neglect contact Elder Abuse and Neglect Attorney Kenneth LaBore toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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Accurate Home Care Ostego Neglect Leads to Fall With Injuries

Written By: Kenneth LaBore | Published On: 28th February 2017 | Category: Fall Injuries, Hoyer Lift, Inadequate Staffing/Training, Patient Lift | RSS Feed

Accurate Home Care Ostego – Resident Suffers Serious Injuries Fall From Improper Transfer From Mechanical Lift

Accurate Home Care Ostego Neglect After Resident Suffers Injuries From Fall

In a report dated February 2, 2017, the Minnesota Department of Health alleged that a patient at Accurate Home Care Ostego when a staff, alleged perpetrator unsafely transferred a patient, dumping water on his/her face. Emergency response was called, CPR was initiated and the patient was admitted to hospital pneumonia.

Accurate Home Care Ostego Fall Leads to Series of Events Ending With Pneumonia

Based on a preponderance of the evidence, neglect occurred when the alleged perpetrator (AP) did not follow the patient’s care plan and did not initiate cardiopulmonary resuscitation (CPR) when the client experienced respiratory distress.

The patient had quadriplegia and was ventilator dependent. The patient’s plan of care indicated the patient was a full code and had an emergency protocol in place. The care plan had an emergency airway clearance protocol including using a manual resuscitation bag (a pump device to assist ventilation) with 100% oxygen, irrigating with saline, and suctioning. If there was no result with those actions, staff were to call 911. Staff were to continue to use the bag until help arrived or the situation resolved.

On the evening of the incident, the AP transferred the patient to bed with a mechanical lift. The patient requested the AP hook-up the humidification to the tracheostomy prior to removing the lift sling. Because the sling was still under the patient, the AP turned the patient from side to side. The humidifier on the bedside table tipped over causing water to back up into the humidifier tubing. The AP attempted to shake the water out of the tubing and elevated the head of the bed, but the patient was not getting enough air. The patient requested with AP ventilate with the bag. The AP did not comply, but instead went upstairs to get the family member. When the AP and the family member returned to downstairs, the patient was unresponsive and did not have a pulse. The family member suctioned the patient, used the bag, and did chest compressions. The AP did not assist with CPR. A second family member came to assist. The second family member provided the backup ventilator and suctioned the patient. The first family member called 911, and then the AP took over CPR. During this time, the AP unable to find a pulse. The patient went to the hospital and was admitted for one day with a diagnosis of aspiration pneumonia.

The family member interview indicated the patient was not to have the humidification tubing hooked up until the sling was out from underneath him/her. The family member stated when they came downstairs the ventilator was off.

The alleged perpetrator (AP) participated in an interview. The AP state s/he had received training specific to this patient’s care plan. The AP indicated s/he did not start providing ventilation with the manual resuscitation bag, because the patient had a pulse. However, resuscitation can be provided regardless of the status of the patient’s pulse.

Accurate Home Care Ostego – Report Abuse and Neglect

Click Here For Link To Report Abuse To Adult Protection

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

Shakopee Friendship Manor Shakopee

Written By: Kenneth LaBore | Published On: 22nd February 2017 | Category: Fall Injuries, Patient Lift | RSS Feed

Shakopee Friendship Manor Shakopee Resident Suffers Head Injuries After Fall During Transfer From Mechanical Lift

Shakopee Friendship Manor Shakopee Neglect After Fall From Patient Lift

In a report dated, January 26, 2017, the Minnesota Department of Health alleged that a resident at Shakopee Friendship Manor Shakopee was neglected when the resident fell from a mechanical lift from the height of his/her bed and sustained an injury on his/her head.

Shakopee Friendship Manor Shakopee Neglect Substantiated After Injuries From Resident Being Dropped From Mechanical Lift

The report states, based on a preponderance of evidence, the resident was neglected when s/he fell from the mechanical lift and sustained a laceration to his/her head requiring stitches. Although the staff members involved stated they used the lift in the manner they were trained, the sling became detached from the lift and the resident fell from the sling. No maintenance records for the lift could be located.

Medical record review revealed the resident was admitted to the facility with diagnoses that included osteoarthritis and chronic pain. The resident’s care plan indicated the resident was to be transferred with the maximum assistance of 2 staff and mechanical lift. (A mechanical lift is mechanical lift device that uses a sling and device to lift a resident and move them from one surface to another such as from a bed to a chair.

Staff interviews revealed on 9/7/2016 two staff members, AP1 and AP2, were getting the resident out of the bed using a mechanical lift. During the lift, the resident fell out of the lift sling. Staff members stated they attached the sling to the lift in the usual manner and lifted the resident off the bed. When moving resident to the wheelchair, the wheels on the lift caught and staff had to push the lift hard to get it to move. During the transfer the resident slid out of the sling head first to the floor. After the resident fell to the floor, staff observed the sling was attached by only 3 of the 4 attachments points. Staff stated the wheels on the lift had been sticking, and staff told maintenance about the issue, but the problem continued. Staff call 911 and sent the resident to the hospital for evaluation after the fall.

The hospital record revealed the resident was evaluated in the hospital, received stitches to a laceration to his/her head, but CT scan and X-Rays were negative for fracture or further injury. The resident went back to the facility the next day with his/her pain controlled with oral medication.

During an interview, the resident’s stated s/he fell when staff were trying to help him/her get up. The resident stated s/he is getting better, but still has some pain related to injuries sustained in the fall.

During an interview, the resident’s family member stated facility staff informed him/her of the resident’s fall from the lift, but s/he did not know a lot of details of what happened. The resident went to the hospital after the fall and had four stiches to his/her head. The resident is feeling better now, and did not break any bones.

During interviews, maintenance staff stated the lift involved in the incident had been discarded and was not available for observation. Maintenance staff stated they received a concern related to the sticking wheels on the lift in July 2016, but they were not able to identify which lift needed repair, because was no consistent way to identify the lifts in use at the facility. In July 2016, they lubricated and cleaned the wheels on all the lifts and the lifts seemed to be functioning correctly at that time. Maintenance staff stated they had no documentation of the maintenance done on the lift in question, because the maintenance staff use different descriptions of the lifts than the nursing assistant staff. Maintenance staff have to walk around and try to ask staff which lift they are referring to when they get a concern. Maintenance provide a monthly cleaning, dusting and oiling of the lifts, but this is not documented.

Manufacturers recommendations for maintenance of the lift includes regularly checking all areas of the lift including the hanger assembly, all bolts, cotter pins, sling hanger/spreader bar meet points, hanger spreader wear points, hooks, mounting bolts, actuator, emergency stop switch, emergency lowering feature, anti-pinch feature, wheels and brakes, and every six months use a test load to check for unusual sounds/noises and check and welds for cracks.

Shakopee Friendship Manor Shakopee – Report Suspected Abuse and Neglect

Click Here For Link To Report Abuse To Adult Protection

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

Augustana HCC of Apple Valley Allegations of Neglect After Resident Fall From Lift

Written By: Kenneth LaBore | Published On: 7th February 2017 | Category: Fall Injuries, Financial Exploitation, Hoyer Lift, Patient Lift | RSS Feed

Fall from Patient Lift Leads to Femur Fracture at Augustana Healthcare Center of Apple Valley

Resident at Augustana HCC Apple Valley Suffers Fractured Femur After Fall From Lift

According to a report from the Minnesota Department of Health, dated January 17, 2017, it is alleged that a client at Augustana HCC of Apple Valley was neglected when the facility staff failed to safely transfer a resident using a lift. The resident had a fall and was hospitalized with a right femur fracture.

Substantiated Neglect Against Augustana HCC Apple Valley After Fall

Based on the preponderance of evidence, neglect occurred when the alleged perpetrator (AP) incorrectly transferred the resident using a standing lift. The resident fell, sustained a right femur fracture and required surgery.

The resident was cognitively intact and able to direct his/her own cares. The resident’s care plan directed staff to transfer the resident with a standing lift and the assistance of one staff. Manufacturer’s instruction for the standing lift indicated leg straps were to be used for resident safety with the standing lift.

Approximately two months prior to the fall, a physical therapist evaluated the resident, because the resident was refusing the use the abdominal harness of the standing lift due to difficulty breathing. The physical therapist educated the resident that all the buckles, abdominal and leg, were to be strapped when using the standing lift and the resident agreed. During the interviews, three staff members indicated the resident refused the leg straps and told staff s/he could stand better without using the leg straps. However, if staff members were firm and told the resident leg straps were required during the transfer, the resident would comply. The facility policy on the standing lift equipment indicated to keep the residents feet on the footplate and secure the shin straps around the resident’s leg and calf area.

The AP was interviewed. On the morning of the fall, the resident put on the call light to use the toilet. The AP entered the resident’s room and placed the resident on the standing lift. The resident refused the leg straps. The AP told the resident the leg straps needed to be applied for safety, but the resident still refused the leg straps. The AP requested assistance from a nurse.

After five minutes, the resident’s need to use the toilet was urgent and there was no response to the call for assistance. The AP transferred the resident to the toilet. After toileting, during the transfer from the standing lift to the wheelchair, the resident’s foot slipped off the platform. The resident slipped down in the lift approximately one foot off the floor and was lowered to the floor.

The resident had pain in his/her right hip and requested an X-ray revealed an incomplete fracture of the mid-right femur. The resident has hospitalized and had hip surgery, which was complicated by acute respiratory failure related to his/her chronic respiratory difficulties. The resident returned to the facility thirteen days later, but was readmitted to the hospital that same day for respiratory distress. The resident returned to the facility four days later on hospice care and died the next day.

The resident’s primary physician was interviewed and explained that the anesthesia from the surgery worsened the resident’s already chronic respiratory conditions.

The death certificate indicated the resident died eighteen days after the fall. The immediate cause of death was listed as complications related to immobility due to the right hip fracture from the fall.

If you have questions about falls from patient lifts or other types of elder abuse call 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.

Augustana HCC of Apple Valley Financial Exploitation By Staff Member

Investigation of Financial Exploitation at Augustana HCC of Apple Valley

According to a report dated November 20, 2015, Augustana HCC of Apple Valley had an allegation that a resident was financially exploited when a staff, alleged perpetrator (AP) made multiple unauthorized charges to resident’s credit card.

Substantiated Exploitation by Staff at Augustana HCC of Apple Valley

Based on a preponderance of evidence financial exploitation occurred, when the alleged perpetrator (AP) took the resident’s credit card, used it to make purchases for his/her own personal use and without the resident’s permission or knowledge.

The resident was admitted to the facility for short term rehabilitation after hospitalization. Review of the resident’s record indicated that the resident was moderately impaired in her/her cognition but was able to make his/her daily decisions and needs known.

Document review and interviews revealed that a police officer reported to the facility staff that the resident had unauthorized charges that were made on her/his credit card while the resident at the facility. Through their investigation the police were able to determine that the unauthorized charges were made over a three day period between the hours of 7:00 a.m. and 9:00 a.m. in Walmart, Cub Foods, and a Shell gas station, all stores located in the Apple Valley area. The video surveillance footage provided by Walmart store showed an individual wearing scrubs using the resident’s credit card to make purchases on one of three different occasions that the resident’s credit card was used in Walmart. The police showed the facility staff the video and facility staff positively identified the individual in the video as AP.

If you have concerns about 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 Injuries

Written By: Kenneth LaBore | Published On: 5th February 2017 | Category: Bed Sores and Pressure Ulcers, Failure to Resond to Change in Condition, Fall Injuries, Hoyer Lift, Medication Drug Error, Nursing Home Abuse and Neglect, Patient Lift, Sexual Abuse, Wrongful Death | RSS Feed

Minnesota Abuse and Neglect Nursing Home Injuries

Minnesota Nursing Home Injuries

There are many ways that residents suffer nursing home injuries, many are falls, being dropped from lifts or injured in transfer, falls from the toilet or in the shower, fall from bed or out of a wheelchair. Since the way that many injuries happen is foreseeable the facility has an obligation to analysis and assess the risks to each resident and take reasonable measures and interventions to protect them from preventable accident situations.

Pursuant to federal and state regulations nursing homes have an obligation to keep their residents safe. They are considered vulnerable adults by legal definition since they are staying in a nursing home facility.

According to 42 CFR 483.25, nursing homes must take efforts to prevent accidents which would include falls, medication errors, or any other way you could be injured such as through the use of oxygen, smoking, scalding burns, urinary tract infections, pressure wounds and others set out in the statute.

Common Types of Nursing Home Injuries

Here are some summaries on various topics related to nursing home falls and fractures, pressure sores and other nursing home injuries:

Patient Lift Injuries

Wrongful Death from Falls

Fractures from Falls

Falls from Wheelchairs

Falls in Bathroom

Falls in Shower

Falls from Bed

Nursing Home Neglect Fractures

Bedsore Stages

Pressure Injury Stages

Pressure Sore Injury

Pressure Injuries

Nursing Home Fall Injuries Lawyer

If you or someone you love is in a skilled nursing facility or nursing home and the victim of abuse or neglect injuries contact Attorney Kenneth LaBore for a free consultation to discuss the fall or injuries and he does not charge a fee unless there is a verdict or settlement offer with the wrongdoer. Call Kenneth LaBore at 612-743-9048 or toll free at 1-888-452-6589 or send an email to KLaBore@MNnursinghomeneglect.com.

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Assisted Living Falls

Written By: Kenneth LaBore | Published On: 5th February 2017 | Category: Assisted Living Care Issues, Fall Injuries, Hoyer Lift, Patient Lift, Wrongful Death | RSS Feed

Residents Need Proper Assistance and Supervision to Avoid Assisted Living FallsAssisted Living Falls

Minnesota Assisted Living Falls

Injuries due to falls in nursing home and assisted living falls are common some due to obvious neglect other the cause is not as clear. The underlying cause of many accidents is a delay in response from the time the resident needed some assistance and a response. Or a failure to do toileting or wellness checks or some other necessary service as providing medications.

Information on Assisted Living Falls

Assisted living facilities are defined by statute and are in summary apartments for seniors where additional minimum services are available for purchase by contract. Each resident has a different contract based on their individual needs.

According to Minnesota Statute 144G.03, Subd. 2, assisted living shall be provided or made available only to individuals residing in a registered housing with services establishment. Except as expressly stated in this chapter, a person or entity offering assisted living may define the available services and may offer assisted living to all or some of the residents of a housing with services establishment. The services that comprise assisted living may be provided or made available directly by a housing with services establishment or by persons or entities with which the housing with services establishment has made arrangements.

(b) A person or entity entitled to use the phrase “assisted living,” according to section 144G.02, subdivision 1, shall do so only with respect to a housing with services establishment, or a service, service package, or program available within a housing with services establishment that, at a minimum:

(1) provides or makes available health-related services under a home care license. At a minimum, health-related services must include:

(i) assistance with self-administration of medication, medication management, or medication administration as defined in section 144A.43; and

(ii) assistance with at least three of the following seven activities of daily living: bathing, dressing, grooming, eating, transferring, continence care, and toileting.

All health-related services shall be provided in a manner that complies with applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285;

(2) provides necessary assessments of the physical and cognitive needs of assisted living clients by a registered nurse, as required by applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285;

(3) has and maintains a system for delegation of health care activities to unlicensed personnel by a registered nurse, including supervision and evaluation of the delegated activities as required by applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285;

(4) provides staff access to an on-call registered nurse 24 hours per day, seven days per week;

(5) has and maintains a system to check on each assisted living client at least daily;

(6) provides a means for assisted living clients to request assistance for health and safety needs 24 hours per day, seven days per week, from the establishment or a person or entity with which the establishment has made arrangements;

(7) has a person or persons available 24 hours per day, seven days per week, who is responsible for responding to the requests of assisted living clients for assistance with health or safety needs, who shall be:

(i) awake;

(ii) located in the same building, in an attached building, or on a contiguous campus with the housing with services establishment in order to respond within a reasonable amount of time;

(iii) capable of communicating with assisted living clients;

(iv) capable of recognizing the need for assistance;

(v) capable of providing either the assistance required or summoning the appropriate assistance; and

(vi) capable of following directions;

(8) offers to provide or make available at least the following supportive services to assisted living clients:

(i) two meals per day;

(ii) weekly housekeeping;

(iii) weekly laundry service;

(iv) upon the request of the client, reasonable assistance with arranging for transportation to medical and social services appointments, and the name of or other identifying information about the person or persons responsible for providing this assistance;

(v) upon the request of the client, reasonable assistance with accessing community resources and social services available in the community, and the name of or other identifying information about the person or persons responsible for providing this assistance; and

(vi) periodic opportunities for socialization; and

(9) makes available to all prospective and current assisted living clients information consistent with the uniform format and the required components adopted by the commissioner under section 144G.06. This information must be made available beginning no later than six months after the commissioner makes the uniform format and required components available to providers according to section 144G.06.

See the State of Minnesota Assisted Living Guide

Types of Assisted Living Falls

There are many types of falls which occur in assisted living facilities including, falls in the bathroom due to loss of balance or slipping on wet surfaces such as in the shower, falls during transfers from wheelchairs or from patient lifts, falls from bed, when using a walker or cane and others. The injuries related to these often preventable falls include head injuries, subdural hematomas, fractured hips, pelvis, and femurs to name of few. The injuries can be very serious and the combination of the injuries and the disabilities which result can lead to untimely death.

Assisted Living Falls Reporting

The facility is mandated to report serious falls to the Minnesota Commissioner of Health under Minnesota Statute 144.7065, Subd 5.(7) patient death or serious injury associated with a fall while being cared for in a facility.

In addition to the reporting requirements for the facility you should also report any falls with injury to the Minnesota Department of Health Office of Health Facility Complaint, OHFC. See the attached for more information about reporting elder abuse and neglect.

Assisted Living Falls Neglect Attorney

If you have questions about fall injuries in a assisted living facility or other elder provider or nursing home or other elder abuse and neglect issues 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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Memory Care Falls

Written By: Kenneth LaBore | Published On: 3rd February 2017 | Category: Assisted Living Care Issues, Caregivers Resources, Fall Injuries, Hoyer Lift, Patient Lift, Wrongful Death | RSS Feed

Alzheimer’s Dementia Memory Care Falls

Memory Care Falls Result in Part Due to Lack of Training

Falls in memory care and other elder care facilities are common occurrences. The resident’s usually have Alzheimer’s or dementia and are prone to confusion and many are able to ambulate which leads to a higher risk of falls. Due to osteoporosis and other age related issues falls lead to very serious many leading to death. The irony is that despite the lack of regulation and training many memory care providers charge premium prices and often exceed the expense for rehabilitative care and skilled nursing in a traditional nursing home.

You may think that many memory care providers are providing cares similar to a nursing home. This assumption is reasonable when you seen literature talking about “nursing services in a home like environment”. What this means is that you are renting an apartment or room and that you are subcontracting for home care services to be provided at that location. The staff at the memory care provider needs no special credentials as they are not considered nursing aides. They need only limited training and the limited disclosures to tenant families. According to Minnesota Statute 325F.72. Written disclosure shall include, but is not limited to the following:

(1) a statement of the overall philosophy and how it reflects the special needs of residents with Alzheimer’s disease or other dementias;
(2) the criteria for determining who may reside in the special care unit;
(3) the process used for assessment and establishment of the service plan or agreement, including how the plan is responsive to changes in the resident’s condition;
(4) staffing credentials, job descriptions, and staff duties and availability, including any training specific to dementia;
(5) physical environment as well as design and security features that specifically address the needs of residents with Alzheimer’s disease or other dementias;
(6) frequency and type of programs and activities for residents of the special care unit;
(7) involvement of families in resident care and availability of family support programs;
(8) fee schedules for additional services to the residents of the special care unit; and
(9) a statement that residents will be given a written notice 30 days prior to changes in the fee schedule.

According to Minnesota Statute 144D.065 (a)(2), direct-care employees must have completed at least eight hours of initial training on topics specified under paragraph (b) within 160 working hours of the employment start date. The specialized training under paragraph (b) includes:

(b) Areas of required training include:

(1) an explanation of Alzheimer’s disease and related disorders;
(2) assistance with activities of daily living;
(3) problem solving with challenging behaviors; and
(4) communication skills.

As you can see the training for specialized memory care staff is very limited and does not include any medical training what-so-ever. The lack of training with many resident which have limited mobility and other medical and physical issues leads to many forms of preventable injuries including falls.

Memory Care Falls

There are many types of falls which occur in memory care facilities. The residents need to be supervised to assure they do not wander or elope from the facility, fall down stairwells, slip out of chairs or wheelchairs, fall from beds or in the bathroom off the toilet or in the shower.

Common injuries from falls in memory care facilities include, head injuries, including subdural hematomas, pelvic and hip fractures, fractured femur and other limbs.

Reporting Memory Care Falls

Pursuant to Minnesota Statute 144.7065, Subd. 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.

The statute goes on in Subd. 5, to state that it is required for the facility to report patient death or serious injury associated with a fall while being cared for in a facility.

Attorney for Memory Care Falls

If you have questions about fall injuries or other forms nursing home abuse and neglect 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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Cornerstone Villa Resident Death Leads to Substantiated Neglect Complaint

Written By: Kenneth LaBore | Published On: 31st January 2017 | Category: Fall Injuries | RSS Feed

Resident of Cornerstone Villa in Buhl Cited with Neglect After Resident Death From Facial Fractures After Fall

Facial Fractures Lead to Resident Death at Cornerstone Villa

In a report from the Minnesota Department of Health, dated December 21, 2016, concerning Cornerstone Villa in Buhl Minnesota it was alleged that a resident was neglected when facility staff failed to follow the resident’s care plan, and s/he had a fall resulting in facial fractures. The resident passed away two days later.

Cornerstone Villa Cited with Substantiated Neglect After Resident Death

Based on a preponderance of the evidence, neglect occurred when the facility failed to provide assistance with ambulation when the resident’s assessment and care plan indicated the resident required assistance when ambulating and the resident fell and sustained facial fractures.

The resident’s diagnoses included Alzheimer’s, sensory difficulty, and generalized weakness. The resident and determined the resident was weak and was not safe to ambulate independently. The care plan indicated ambulation only with assistance from staff. The physical therapist evaluated the resident the next day and determined the resident was unsteady when ambulating and needed contact guard assist which means a staff person must have a hand on resident at all times to prevent falls. The care plan indicated the need to assist the resident when transferring and ambulating. Later that evening, five staff observed the resident ambulating independently with the walker on his/her unit and another adjoining unit, but staff did not intervene. Staff heard the after hours front door alarm, went to the door, and found the resident outside lying on the cement in the doorway. Staff who found the resident called for a nurse. The nurse provided the resident with medical care to control the bleeding and another nurse called for an ambulance.

The resident’s condition was so severe that a local hospital had to transfer the resident to a trauma center. The resident had sustained multiple facial fractures, requiring intubation to maintain a patent airway. After evaluation and considering the extent of the resident’s facial fractures, conservative care was chosen for the resident and the resident died at the hospital two days later.

The resident’s death certificate indicated the cause of death was complications from facial fractures after a fall.

Cornerstone Villa Buhl – Report Suspected Abuse and Neglect

Click Here For Link To Report Abuse To Adult Protection

As an attorney who has seen hundreds of elder abuse and neglect cases many of which were falls, this case is very sad as it was so preventable had the staff been paying attention. It was clear that the resident had Alzheimer’s and sensory difficulty, and was at great risk for falling, the staff had a chance to intervene and redirect the resident to a safe area but they failed to act to protect the vulnerable adult under their care.

For more information about how to get accountability for preventable fall injuries or elder abuse and neglect related injuries call Kenneth LaBore for a free consultation at his direct number at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com. There is no fee unless a there is a verdict or settlement offer from the wrongdoer.

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

Minnesota Assisted Living Falls Lawyer

Written By: Kenneth LaBore | Published On: 31st January 2017 | Category: Assisted Living Care Issues, Fall Injuries, Hoyer Lift, Patient Lift, Wrongful Death | RSS Feed

Assisted Living Falls Lawyer and Fracture Injuries

Minnesota Assisted Living Falls Lawyer

There are many types of fall injuries I have seen as a nursing home and assisted living falls lawyer. Falls can happen when the resident is not given care they need with transfer and toileting or when they are dropped or fall from patient lifts, fall in their wheelchairs, or in the bathroom. Many of these falls would be preventable with proper assessment of the resident’s needs and risks and then adequate care and supervision to prevent accidents.

Falls in assisted living and other elder care situations can lead to fractures such as femur, pelvis and hip, head injuries with complications, such as subdural hematomas, and other injuries some leading to death.

Information About Assisted Living Falls

According to Minnesota Statute 144.7065, Subdivision 1., reports of adverse health care events are required. 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.

Subd. 5. Care management events. Events reportable under this subdivision are:

(7) patient death or serious injury associated with a fall while being cared for in a facility;

Assisted Living Falls Lawyer

If you need information about assisted living falls or other forms of elder abuse and neglect or other call Kenneth LaBore for a free consultation with no fee unless a verdict or settlement offer by the wrongdoer. Call Mr. LaBore directly at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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