Archive for the ‘Grab Bars’ Category


Falls In Shower in Nursing Home

Written By: Kenneth LaBore | Published On: 30th January 2017 | Category: Fall Injuries, Grab Bars, Nursing Home Abuse and Neglect, Patient Lift, Wrongful Death | RSS Feed
Falls in Shower in Nursing Homes, Assisted Living and Memory Care Facilities

Falls in Shower in Nursing Homes, Assisted Living and Memory Care Facilities

Falls In Shower Need to Be Prevented

Nursing homes are required by federal law to provide each resident with care and services based on their individual needs.  Nursing homes must provide assistance with toileting, bathing, hygiene routines such as bathing or showering as needed.

According to 42 CFR 483.24, quality of life is a fundamental principle that applies to all care and services provided to facility residents. Each resident must receive and the facility must provide the necessary care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being, consistent with the resident’s comprehensive assessment and plan of care.

(b) Activities of daily living. The facility must provide care and services in accordance with paragraph (a) of this section for the following activities of daily living:

(1) Hygiene—bathing, dressing, grooming, and oral care,

(2) Mobility—transfer and ambulation, including walking,

(3) Elimination—toileting,

(4) Dining—eating, including meals and snacks,

(5) Communication, including

(i) Speech,
(ii) Language,
(iii) Other functional communication systems.

Injuries From Falls In Shower

There are many common ways that falls happen related to showering and bathing in an elder care facility.  Often the resident has some form of physical or cognitive disability and needs assistance of staff and perhaps of mechanical devices to lift or support such as a shower chair.  Many of the injuries are serious and result in lacerations and cuts, head injuries, fractured bones such as femurs, hip joints and pelvis, and other injuries that result in disability or death to the resident.

Information about Falls in Shower

According to the Center for Disease Control and Prevention (CDC), in 2008, approximately 21.8 million persons aged ≥15 years sustained nonfatal, unintentional injuries, resulting in approximately $67.3 billion in lifetime medical costs. Information about where injuries occur is limited, but bathrooms commonly are believed to be a particularly hazardous location. To investigate this assumption, CDC analyzed data from a nationally representative sample of emergency departments (EDs) to describe the incidence and circumstances of nonfatal injuries in bathrooms (in any setting) among persons aged ≥15 years in the United States. This report describes the results of that investigation, which found that, based on 3,339 cases documented in the 2008 National Electronic Surveillance System All Injury Program (NEISS-AIP) database, an estimated 234,094 nonfatal bathroom injuries were treated in U.S. EDs. Injury rates increased with age, and most injuries (81.1%) were caused by falls. All persons, but especially older adults, should be aware of bathroom activities that are associated with a high risk for injury and of environmental modifications that might reduce that risk.

The highest rates were for injuries that occurred in or around the tub or shower (65.8 per 100,000) and injuries that happened on or near the toilet (22.5 per 100,000). The precipitating events in 37.3% of injuries were bathing (excluding slipping while bathing), showering, or getting out of the tub or shower; only 2.2% occurred while getting into the tub or shower. The precipitating event for 17.3% of injuries was slipping, which included slipping while bathing; 14.1% occurred when standing up from, sitting down on, or using the toilet; and 5.5% were attributed to an antecedent loss of consciousness.

The CDC article on bathroom fall injuries continues, injury rates increased with age, especially those that occurred on or near the toilet, which increased from 4.1 per 100,000 among persons aged 15–24 years to 266.6 among persons aged ≥85 years. Injuries occurring in or around the tub or shower also increased markedly, from 49.7 per 100,000 among persons aged 15–24 years to 200.2 among persons aged ≥85 years. Within each 10-year age category, the relative proportion of injuries differed by location within the bathroom. The proportion of injuries in or around the tub or shower was highest among persons aged 15–24 years (84.5%) and lowest among persons aged ≥85 years (38.9%), whereas the proportion of injuries that happened on or near the toilet was lowest among persons aged 15–24 years (7.0%) and highest among persons aged ≥85 years (51.7%).

In addition to falls in shower there are also other serious injuries which can occur in the bathroom including scalding burns from hot water in the shower or at the sink.

Falls in Shower Neglect Attorney

If you have questions about nursing home abuse and neglect and fractures or other fall related injuries contact Kenneth LaBore for a free consultation.  There is no fee unless there is a verdict or settlement offer from the wrongdoer.  Mr. LaBore can be reached directly at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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Falls in Bathroom in Minnesota Nursing Home

Written By: Kenneth LaBore | Published On: 29th January 2017 | Category: Fall Injuries, Grab Bars, Hoyer Lift, Patient Lift, Wrongful Death | RSS Feed
Nursing Home Resident Fractures Due to Falls in Bathroom

Nursing Home Resident Fractures Due to Falls in Bathroom

Falls In Bathroom Are Preventable

There are several types of ways falls occur in the bathroom.  One of the most common is usually a woman patient left on the toilet as the caregiver is attending to something or someone else and does not come back and a fall occurs when the vulnerable person loses balance or who’s strength cannot support their weight.  Another common way people fall in the bathroom is getting undressed or dressed and getting into or out of the shower.  The common ways anyone falls are also frequently present in the bathroom, water, liquid or soap on the slippery tile floor.  Another way injuries occur is during toileting or bathing with a patient lift this is not used correctly or improperly set up.

Injuries From Falls In Bathroom

Many times the injuries suffered in a bathroom fall are serious due to the hard surfaces and include fractured hips, broken femur, fractured pelvis, head injuries, subdural hematoma, lacerations and other injuries.

According to the Centers for Disease Control and Prevention (CDC), the following can occur in nursing home falls

  • Many falls do not cause injuries. But one out of five falls does cause a serious injury such as a broken bone or a head injury.  These injuries can make it hard for a person to get around, do everyday activities, or live on their own.
  • Falls can cause broken bones, like wrist, arm, ankle, and hip fractures.
  • Falls can cause head injuries. These can be very serious, especially if the person is taking certain medicines (like blood thinners). An older person who falls and hits their head should see their doctor right away to make sure they don’t have a brain injury.
  • Many people who fall, even if they’re not injured, become afraid of falling. This fear may cause a person to cut down on their everyday activities. When a person is less active, they become weaker and this increases their chances of falling.

Information About Falls In Bathroom

Falls can happen anytime and anywhere to people of any age. However, as people get older, the number of falls and the severity of injury resulting from falls increases.

According to the Centers for Disease Control and Prevention (CDC), falls are the leading cause of fatal and nonfatal injuries in people age 65 and older. Common injuries due to falls are head injuries, shoulder and forearm fractures, spine fractures, pelvic fractures, and hip fractures.

  • In 2003, 1.5 million people 65 and older lived in nursing homes.  If current rates continue, by 2030 this number will rise to about 3 million.
  • About 5% of adults 65 and older live in nursing homes, but nursing home residents account for about 20% of deaths from falls in this age group.
  • Each year, a typical nursing home with 100 beds reports 100 to 200 falls.  Many falls go unreported.
  • Between half and three-quarters of nursing home residents fall each year.  That’s twice the rate of falls for older adults living in the community.
  • Patients often fall more than once. The average is 2.6 falls per person per year.6• About 35% of fall injuries occur among residents who cannot walk.

According to the CDC, the following issues can increase the risk of falling in seniors:

  • Lower body weakness.
  • Vitamin D deficiency (that is, not enough vitamin D in your system).
  • Difficulties with walking and balance.
  • Use of medicines, such as tranquilizers, sedatives, or antidepressants. Even some over-the-counter medicines can affect balance and how steady you are on your feet.
  • Vision problems.
  • Foot pain or poor footwear.
  • Home hazards or dangers such as broken or uneven steps, throw rugs or clutter that can be tripped over, and
    no handrails along stairs or in the bathroom.

Minnesota Falls in Bathroom Nursing Home Attorney

Federal regulations mandate that nursing home resident should receive quality care and services and that reasonable measures and supervision be taken to prevent accidents.

If you have questions about nursing home abuse and neglect and fractures or other fall related injuries contact Kenneth LaBore for a free consultation.  There is no fee unless there is a verdict or settlement offer from the wrongdoer.  Mr. LaBore can be reached directly at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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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.

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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.

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Assumption Home Cold Spring Neglect – Entrapment in Bed Rail

Written By: Kenneth LaBore | Published On: 12th March 2015 | Category: Grab Bars, Nursing Home Abuse and Neglect, Wrongful Death | RSS Feed
Neglect, Bed Rails, Grab Bars, Mattress, Nursing Home Bed Entrapment - Assumption Home Cold Spring

Neglect, Bed Rails, Grab Bars, Mattress, Nursing Home Bed Entrapment – Assumption Home Cold Spring

Assumption Home Cold Spring – Neglect – Entrapment in Bed

In a report concluded on April 18, 2013, MDH cites Assumption Home for neglect of health care entrapment in bed grab bar.

It is alleged that neglect occurred when a resident was found deceased with her head caught in the grab bar.

Entrapment in Bed – Bed Rail – Assumption Home Cold Spring

A preponderance of evidence indicates that neglect occurred when a resident was not assessed for the need to use a grab bar, and the grab bar was left on the bed after the resident had falls from the bed.  The resident’s neck became entrapped in the grab bar and resident died of positional asphyxiation.

At the time of the resident’s death, the resident was found on the floor by staff with the resident’s head between the left grab bar and the mattress.  A staff member indicates that upon discovery of the resident, it appeared the resident’s neck was “stuck between the mattress and the grab bar”.  When staff assessed the resident, they were unable to obtain vital signs and the resident was pronounced dead.

The resident’s death certificate listed the cause of death as positional asphyxia and neck entrapment between the mattress and bedrail.

The bed the resident used was observed it was a hi/low bed with grab bars attached to both the right and left side of the bed.

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 any 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

 

 

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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

 

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