Archive for the ‘Hoyer Lift’ Category


Head Injuries From Nursing Home Falls

Written By: Kenneth LaBore | Published On: 5th February 2019 | Category: Fall Injuries, Hoyer Lift, Inadequate Staffing/Training, Nursing Home Abuse and Neglect, Patient Lift, Wrongful Death | RSS Feed
Elder Abuse Falls Subdural Hematoma Head Injuries

Elder Abuse Falls Subdural Hematoma Head Injuries

Head Injuries Commonly Occur From Nursing Home Falls

Most head injuries are preventable by definition.  They occurs as a result of a failure to provider adequate supervision or timely response to vulnerable adults often when trying to get out of bed, after a call light goes without being answered or getting up from a toilet when left alone, or from improperly performed transfers from patient lifts such as hoyer lifts.

Head Injuries Include Subdural Hematomas

It does not take a fall from a high place or extremely hard trauma to cause permanent injury to the head.  Many subdural hematomas occur when someone falls from the height of their bed to the floor.   The nightstand or other obstacles such as oxygen tanks are also a risk for head injury if there is a fall.  The sharp corners and hard material can cause a localized injury or cut which can lead to swelling, bleeding and sometimes death if not addressed immediately.

Information about Head Injuries and Traumatic Brain Injury

According to the Alzheimer’s Association, traumatic brain injury is a threat to cognitive health in two ways:

  • A traumatic brain injury’s direct effects, which may be long-lasting or even permanent, can include unconsciousness, inability to recall the traumatic event, confusion, difficulty learning and remembering new information, trouble speaking coherently, unsteadiness, lack of coordination and problems with vision or hearing.
  • Certain types of traumatic brain injury may increase the risk of developing Alzheimer’s or another form of dementia years after the injury takes place.

The Center for Disease Control, CDC states: in general, total combined rates for traumatic brain injury (TBI)-related emergency department (ED) visits, hospitalizations and deaths have increased over the past decade. Total combined rates of TBI-related hospitalizations, ED visits, and deaths climbed slowly from a rate of 521.0 per 100,000 in 2001 to 615.7 per 100,000 in 2005. The rates then dipped to 595.1 per 100,000 in 2006 and 566.7 per 100,000 in 2007. The rates then spiked sharply in 2008 and continued to climb through 2010 to a rate of 823.7 per 100,000.

Total combined rates of TBI-related hospitalizations, ED visits, and deaths are driven in large part by the relatively high number of TBI-related ED visits. In comparison to ED visits, the overall rates of TBI-related hospitalizations remained relatively stable changing from 82.7 per 100,000 in 2001 to 91.7 per 100,000 in 2010. TBI-related deaths also decreased slightly over time from 18.5 per 100,000 in 2001 to 17.1 per 100,000 in 2010. Note that the axis scale for TBI-related deaths appears to the right of the chart and differs from TBI-related hospitalizations and ED visits.

Minnesota Elder Abuse and Neglect and Head Injury Attorney

Attorney Kenneth LaBore has handled hundreds of elder abuse and neglect cases involving serious injury or death and many due to falls and often resulting in head trauma with some form of permanent brain injury.  Many of these cases and injuries have been prevented with proper care and supervision by the provider.

For a free consultation with Kenneth LaBore concerning injuries from falls, including TBI and head injury or other types of elder abuse call 612-743-9048 or 1-888-452-6589 or by email KLaBore@MNnursinghomeneglect.com.

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Minnesota Nursing Home Neglect Fractures

Written By: Kenneth LaBore | Published On: 29th January 2019 | Category: Fall Injuries, Hoyer Lift, Patient Lift, Wrongful Death | RSS Feed
Nursing Home Resident Fractures From Falls

Nursing Home Resident Fractures From Falls

Nursing Home Neglect Fractures

Injuries such as nursing home neglect fractures are one of the most common types of elder neglect.   Falls from patient lifts, wheelchairs, in the shower and bathroom or falling from bed are examples of preventable neglect in most cases.

Common types of fractures include head injuries and skull fractures, traumatic brain injury – subdural hematomas, broken arms, fractured hips, femurs and legs.

Information About Nursing Home Neglect Fractures

According to the Centers for Disease Control and Prevention, CDC, falls among nursing home residents occur frequently and repeatedly.  About 1,800 older adults living in nursing homes die each year from fall-related injuries and those who survive falls frequently sustain hip fractures and head injuries that result in permanent disability and reduced quality of life.

  • 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.
  • About 35% of fall injuries occur among residents who cannot walk.

Common Cause of Nursing Home Neglect Fractures

The CDC, provides a list of common reasons and causes for the falls and fractures:

  •  Muscle weakness and walking or gait problems are the most common causes of falls among nursing home residents. These problems account for about 24% of the falls in nursing homes.
  • Environmental hazards in nursing homes cause 16% to 27% of falls among residents.
  • Such hazards include wet floors, poor lighting, incorrect bed height, and improperly fitted or maintained wheelchairs.
  • Medications can increase the risk of falls and fall-related injuries. Drugs that affect the central nervous system, such as sedatives and anti-anxiety drugs, are of particular concern. Fall risk is significantly elevated during the three days following any change in these types of medications.
  • Other causes of falls include difficulty in moving from one place to another (for example, from the bed to a chair), poor foot care, poorly fitting shoes, and improper or incorrect use of walking aids.

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

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

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Faribault Senior Living Faribault – MDH Substantiated Neglect

Written By: Kenneth LaBore | Published On: 14th January 2019 | Category: Hoyer Lift, Patient Rights | RSS Feed
 Faribault Senior Living
Resident Suffers Fractured Hip after Fall at Faribault Senior Living (example of a hip fracture shown)

In a report from the Minnesota Department of Health a client from Faribault Senior Living (client #1) was neglected when facility staff failed to provide adequate supervision that resulted in another client (client #2) pushing client #1 resulting in a hip fracture.

Based on a preponderance of evidence, neglect is substantiated. The home care provider was aware of client #2’s increase in aggressive behaviors and inappropriately entering the rooms of other clients, but did not implement new or effective interventions to keep other clients safe. The home care provider failed to reassess client #2’s susceptibility to abuse another client and not implement interventions to prevent further occurrences. In addition, the home care provider failed to reassess client #1’s susceptibility to abuse by another individual, including vulnerable adults, and did not identify specific measures to minimize the risk of abuse to that person.

Patient and Resident Rights Elder Care Facilities

Patient and Resident Rights Elder Care Facilities, Faribault Senior Living Faribault

Faribault Senior Living Faribault Complaint Findings for Patient Rights

In a report concluded on May 14, 2013, the Minnesota Department of Health cites Faribault Senior Living Faribault for patient rights.

It is alleged that the agency did not follow state statutes/rules when staff routinely until utilized an EZ stand lift to transfer a client although she was unable to follow instructions and keep her legs straight.

Substantiated Complaint Faribault Senior Living Faribault Minnesota – Use of EZ Stand Lift

A violation is substantiated related to the licensee to ensure staff were competent to use the EZ stand patient lift.

During a time prior to the onsite investigation, staff transferred a client with the use of EZ stand.  During this transfer, the client became unresponsive.  Staff members hit the emergency stop button more than once and the life just stopped.  Staff did not know of any emergency lowering procedures for the EZ stand.  Staff could not recall how the client was assisted out of the EZ stand.  A family member witness interview indicated the client was lifted up out of the support straps by this family member and staff person.  Staff also indicated that, prior to the client suddenly becoming unresponsive; the client did not have any problems with bearing weight or holding the handles of the EZ stand.  After a short while, the client was assisted to a seated position.  The client was seen in the emergency department and diagnosed with a vasocagal response (a fainting or near fainting episode), with no identified specific cause for vasovagal response.  The client returned back to the facility that same day.

For more information from the Minnesota Department of Health, Office of Health Facility Complaints concerning nursing homes, assisted living and other elder care providers view resolved complaints at the MDH website.

If you have concerns about improper use of medical equipment, patient rights or any other form of elder abuse or neglect contact Minnesota Elder Abuse Attorney Kenneth LaBore toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com

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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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Goldpine Home Cited with Neglect after Head Injury from Fall from Mechanical Lift

Written By: Kenneth LaBore | Published On: 12th January 2019 | Category: Hoyer Lift | RSS Feed
Goldpine Home Client Suffers Serious Head Injuries Fall From Mechanical Lift
Goldpine Home Client Suffers Serious Head Injuries Fall From Mechanical Lift

MDH Cites Goldpine Home after Client Suffers Fatal Fall Injuries

In a report from the Minnesota Department of Health it is alleged that a client at Goldpine Home in Bemidji, Minnesota was neglected when facility staff failed to use mechanical lift appropriately which caused client to fall. Client passed away due to head injury from the fall.

Failure to Maintain Mechanical Lift at Goldpine Home Leads to Death of Client

Neglect was substantiated. The facility failed to adequately train staff, failed to determine the appropriate sling size, and failed to maintain the mechanical lift according to manufacturer’s recommendations.

The investigation included interviews with facility staff, including administrative staff, nursing staff and unlicensed staff; observation of mechanical life transfers; and review of the client’s medical record. A re-enactment of mechanical life transfer was performed.

For a Free Consultation with an experienced elder abuse and neglect attorney call Kenneth LaBore at 612-743-9048.

A common form of neglect in elder care facilities involves falls and fractures when using mechanical lifts. Most forms of elder abuse are preventable with proper care and supervision. Hoyer lifts and other types of assistive medical devices need to be properly maintained by qualified technicians. Staff needs to be well trained on the proper set up and use of the lifts before any transfers occur.

Report Suspected Elder Abuse

Click Here For Link To Report Abuse To Adult Protection
Click Here For Link To Report Abuse To Adult Protection

If you have concerns about care provided to a resident in a nursing home, assisted living or any other type of elder care provider contact Attorney Kenneth LaBore for a Free Consultation to discuss your legal rights and options.

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Alex Assisted Living Resident Fall in Lift

Written By: Kenneth LaBore | Published On: 27th August 2018 | Category: Fall Injuries, Hoyer Lift, Nursing Home Elder Neglect | RSS Feed

Resident at Alex Assisted Living Falls from Patient Lift

Alex Assisted Living, Fall from Mechanical Lift

The Minnesota Department of Health has concluded that based on a preponderance of evidence, the allegation that a client was neglected at Alex Assisted Living in Alexandria Minnesota when the client fell out and landed on the floor during a mechanical lift.

Fall from Mechanical Lift at Alex Assisted Living

The MDH investigation determined that the home care provider failed to complete regular maintenance checks on the lift equipment. As a result, a mechanical standing lift broke while lifting the client and the client injured his /her knee.

If you have concerns about elder abuse and neglect contact Attorney Kenneth LaBore for a Free Consultation at 1-888-452-6589

Maltreatment Due to Fall At Alex Assisted Living

There are many common of forms of elder abuse and neglect often the result of a lack of qualified well trained staff to supervise and provide the necessary resident cares. The failure to provide maintenance on specialty medical equipment such as wheelchairs, beds, and mechanical lifts is the underlying reason for many incidents which include residents being dropped or falling out of lifts, lifts tipping over with the resident, or collapsing or tipping lifts.

Most forms of elder abuse and neglect are preventable. If you are concerned about someone you love call Attorney Kenneth LaBore for a free consultation.

There are many types of ways someone can get injured in a care facility if they are not be cared for properly. One of the most preventable and common forms of maltreatment and neglect are falls.

Attorney Kenneth LaBore from Guardian Legal Services, LLC has been representing victims of abuse, neglect and other injuries for decades. Our focus is on getting accountability for serious acts of maltreatment, abuse and preventable neglect.

Report Abuse and Neglect

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.

If you have concerns about physical abuse, falls, mechanical lifts, 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.

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

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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 – 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

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.

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

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

 

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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

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

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.

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 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 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:

Head Injuries

Subdural Hematoma

Hip Fractures

Femur Fractures

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 Falls

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

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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