Archive for the ‘Medication Drug Error’ Category

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REM Hennepin Minnetonka Neglect After Medication Administration Errors

Written By: Kenneth LaBore | Published On: 1st March 2017 | Category: Medication Administration Mistakes, Medication Drug Error | RSS Feed
REM Hennepin Minnetonka Neglect Substantiated After Failure to Administer Seizure Medication for 13 Doses Over 3 Days

REM Hennepin Minnetonka Neglect Substantiated After Failure to Administer Seizure Medication for 13 Doses Over a Period of 3 Days

REM Hennepin Minnetonka Neglect After Failing to Provide Medication

In a report dated February 13, 2017, the Minnesota Department of Health, alleged that staff at REM Hennepin Minnetonka failed to administer thirteen doses of his seizure medication.  The client had a seizure, became unresponsive and was hospitalized.

REM Hennepin Minnetonka Failure to Provide Needed Seizure Medication

Based on a preponderance of the evidence, neglect occurred when the facility ran out of the client’s anti seizure medication, and the client missed thirteen doses of the medication.  As a result, the client had a seizure and required hospitalization.

The client has multiple diagnoses including epilepsy, personality disorder and impaired judgment, memory and reasoning.

Review of the facility’s report and the client’s medical record revealed that several staff were aware that the client’s anti-seizure medication was out of stock.  However, the staff continued to document the medication as being given over a three day period.  The client missed thirteen doses of the medication over those three days.  As a result, the client had a seizure and required hospitalization.  The client was admitted to the hospital and an intravenous medication was given to stop the seizure.  The client was successfully treated, medication changes were made, and s/he was discharged from the hospital the next day.

The client was not interviewed, as s/he no longer lived at the facility.

After the incident, new policies and procedures were put into place.  Through interviews, facility staff indicated they had been re-trained on the protocol for re-ordering medications prior to the site visit.

REM Hennepin Minnetonka – Report Suspected 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 medication errors or  any 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.

Disclaimer

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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Lifesprk LLC Cited by the MDH With Financial Exploitation

Written By: Kenneth LaBore | Published On: 28th February 2017 | Category: Financial Exploitation, Medication Administration Mistakes, Medication Drug Error | RSS Feed
Medication Theft Drug Diversion From Lifesprk LLC Edina

Medication Theft Drug Diversion From Client at Lifesprk LLC Edina

Lifesprk LLC – Financially Exploitation Drug Diversion

In a report dated January 9, 2017, the Minnesota Department of Health, it was alleged that a client at Lifesprk LLC Edina was financially exploited when s/he had approximately 50-56 pills missing.

Lifesprk LLC Medication Theft Drug Diversion

Based on a preponderance of evidence, financial exploitation occurred when an unknown staff member took 50-56 tablets of hydrocodone/APAP-5/325 milligrams (mg) from the client.

The client received home care services with medication management according to a service agreement and care plan.  The client had a physician’s order for hydrocodone/APAP – 5/325 milligrams (mg) two tablets twice a day, morning and evening.  The pharmacy provided the medication as two cards, one labeled morning and another labeled evening.  Each contained 60 tablets.

Obervations and interviews with staff conducted during the on-site investigation revealed clients that receive medication management had their medications stored in a locked cabinet in their rooms.  In that locked cabinet were two locked tool boxes.  One tool box contained a one-month supply of client medications, both scheduled and as-needed, in blister packages.  Unlicensed staff have access to the locked cabinet and this first toolbox.  Unlicensed staff document medication administration by signing both the medication administration administration record (MAR) and the blister pack when they administer a medication.  The second tool box contains surplus medications and is only accessible by licensed staff.  Staff indicated that for both boxes, licensed staff only periodically account for the medications.

Interviews with staff revealed a nurse discovered the client’s evening card of hydrocodone/APAP was missing when the nurse when to destroy the medication after the client’s discharge from the facility.  Staff said they suspected 50-56 tablets of hydrocodone/APAP-5/325 (mg) belongs to the client were taken by a staff member.  The facility was unable to determine an alleged perpetrator, and was unable to determine exactly how many tablets were missing or when the tablets went missing.  However, the facility determined that staff members were not following facility policy and procedures regarding medication management.

Observations and document review confirmed that the facility was unable to account for one medication card, which should have contained over 50 tablets of hydrocodone/APAP.  However, because the medication supply was not being regularly counted, and because the narcotics count sheets which were present contained other errors in the quantity of tablets, it was not possible to determine when the card went missing.

Law enforcement also conducted an investigation, but were unable to determine who might have taken the medications.  The police closed the investigation.

Lifesprk LLC – Report Suspected 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 any 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.

Disclaimer

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

 

______________________________________________________

Theft of Resident's Credit Cards at Lifesprk LLC in Edina Minnesota

Theft of Resident’s Credit Cards at Lifesprk LLC in Edina Minnesota

Credit Card Theft From Resident at Lifesprk LLC

In a report from the Minnesota Department of Health dated April 26, 2016, it is alleged that a client at Lifesprk LLC was financially exploited when the alleged perpetrator (AP) used the client’s credit cards for his/her own personal use.

Lifesprk LLC Cited After Theft of Credit Cards

Based on a preponderance of evidence of the evidence financial exploitation did occur when the alleged perpetrator (AP) took two of the client’s credit cards and made several purchases at seven different locations on separate days without the client’s permission totaling $1765.49.

The client received services from the home care provider for medication administration, escorts, activities of daily living, housekeeping, laundry, meals, and transfer assistance.  The client was not alert to person, place or time and did not have the ability to leave the facility.

Interviews with staff revealed the comprehensive home care provider was notified by the client’s family of fraudulent charges on the client’s credit cards and noted two of the credit cards were missing from the client’s wallet.  The comprehensive home care provider interviewed all staff members and provided care for the client and all staff denied taking the client’s credit cards.  The AP did not show up for the interview with the comprehensive home care provider and the AP provided regular services to the client.  The comprehensive home care provider notified the police of the missing credit cards and the fraudulent charges.

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

If you have concerns about medication errors, 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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Vista Prairie at Windmill Pond Medication Diversion

Written By: Kenneth LaBore | Published On: 27th February 2017 | Category: Medication Drug Error | RSS Feed
Theft of Medication - Vista Prairie at Windmill Pond Financial Exploitation

Theft of Medication – Vista Prairie at Windmill Pond Financial Exploitation

Vista Prairie at Windmill Pond Financial Exploitation

According to a report dated January 23, 2017, the Minnesota Department of Health it was alleged that a client at Vista Prairie at Windmill Pond Alexandria was financially exploited when the alleged perpetrator (AP) took the client’s medication.

Vista Prairie at Windmill Pond Substantiated Allegation Medication Theft

Based on a preponderance of evidence, financial exploitation occurred when the alleged perpetrator (AP) took the client’s opioid medication.

The client received medication management from the home care provider according to the service agreement and service plan.  The client had a physician’s order for oxycodone oral solution (five milligrams / five milliliters), to be taken every four hours as needed for pain.

Document review and observations made during the on-site investigation revealed a nurse drew up liquid oxycodone in syringes for the client, and placed them in a double-locked medication storage cabinet.  Keys were only available to on-duty unlicensed staff.  The keys were always kept in the immediate possession of staff.

Interviews were conducted with two nurses.  One nurse was setting up oral medication oxycodone syringes for the client, and noticed syringes s/he had previously set-up appeared to lighter in color than the new syringes s/he just set up.  The nurse examined the syringes s/he set up six days prior and noticed there were bubbles in the solution and the measurements were not as exact as his/her usual practice.  The nurse said when s/he fills the syringes there are never any bubbles in the solution.  They are precise measurements they are verified by a second nurse, and s/he re-checks them each three to four times right before placing the syringes in the medication storage cabinet.  The nurse shared his/her concerns with the second nurse, who also observed that the syringes set-up six days prior were lighter in color than the new syringes.  The nurse suspected the newly hired AP had diverted the medication.  The nurses discovered the AP who was working as a newly hired AP had diverted the medication.  The nurses discovered the AP, who was working as an unlicensed resident assistant, has a suspended nursing license, due to previous drug diversion in Minnesota and another state; the AP had failed to disclose the suspended license to the home care provider.  The nurses notified the police.

A police report indicated police were called to the facility for a suspected drug diversion.  The police interviewed the AP and s/he admitted to taking the medications from the client.  Police forwarded this investigation to County Attorney for charging.   The AP subsequently entered a plea of guilty for Felony Controlled Substance Crime in the 5th degree.

The AP was interviewed and admitted to taking medication from the client and diluting the solution in the syringes set up by the nurse.  The AP stated s/he plead guilty to the Felony Controlled Substance charge.

Vista Prairie at Windmill Pond Alexandria Report Suspected 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 any 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.

Disclaimer

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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Vision Quest Property Management

Written By: Kenneth LaBore | Published On: 23rd February 2017 | Category: Medication Drug Error | RSS Feed
Vision Quest Property Management Failed to Follow Physician's Medication Orders for 11 Days - Resident Suffered a Stroke

Vision Quest Property Management Failed to Follow Physician’s Medication Orders for 11 Days – Resident Suffered a Stroke

Vision Quest Property Management Neglect After Medication Error

In a report dated December 29, 2106, the Minnesota Department of Health alleged Vision Quest Property Management in White Bear Lake Failed to Follow Physician’s Medication Orders for 11 Days – Resident Suffered a Stroke

Vision Quest Property Management Neglect After Stroke and Hospitalization After Medication Mistake

Based on the report Vision Quest Property Management, had determination that neglect occurred.  The client did not receive a prescribed anticoagulant medication for 14 days because the medication was not reordered by the licensed during staff, alleged perpetrator (AP), and staff members failed to report that it had not been administered.  Within a week after the issue was discovered, the client had a stroke requiring hospitalization.   The client died as a result of this stroke.

The client received services from the home care provider, including medication management.  The client was on a long term oral anticoagulant therapy due to a higher risk of stroke, secondary to atrial fibrillation and a history of prior stroke.

Ten days prior to the client’s death, routine testing was conducted of the client’s blood clotting rate to ensure the client’s medication was at a safe and effective dose.  Upon review of the clotting time results, AP noted it was abnormally low.  The AP reviewed the medication administration record that indicated one milligram (mg) of warfarin was to be given daily on Tuesday, Thursday, Saturday, and Sunday, and 0.5 mg on Monday, Wednesday, and Friday.  The AP discovered the client had not received an anticoagulation medication for the preceding 14 days.  Pharmacy documentation confirmed the client’s medications were not on schedule delivery, and needed to be reordered every 14 days.  The medication had not been reordered by the AP during the time period prior to the 14 days of missed doses.  The AP notified the client’s physician and was directed to restart the medication at the previous dose and to redraw the blood work in one week.  Due to the client’s fragile condition, the physician did not order any additional interventions.

Four days later, the client had symptoms of stroke, emergency medical services were called, and the client was admitted to the hospital.  The client was diagnosed with a stroke and treated with intravenous blood thinners.  The client subsequently passed away, and the death certificate indicated the immediate cause of death was an embolic vascular accident.

The family was interviewed and stated they had not been informed of the missed anticoagulation days of oral anticoagulation medication, until hospital staff notified them.

The primary care physician was interviewed and indicated in his/her medical opinion, the client missing 14 days of oral anticoagulant therapy was a direct cause of the client’s death.

The AP stated during an interview that the nurse who usually reordered the medications was off duty for an extended period of time.  The AP was refilling the client’s medications, and missed reordering the anticoagulation medication.  The AP indicated that if the medication was listed on the client’s medication administration record but was not in supply, the personnel who were assigned to administer medications should have reported the medication was not administered as prescribed.  Several staff members had assisted the client with medications, but none had reported the medication being unavailable.

Vision Quest Property Management – Report Suspected Neglect and Abuse

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.

Disclaimer

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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Circle Drive Manor Assisted Living West Concord

Written By: Kenneth LaBore | Published On: 21st February 2017 | Category: Home Health Care, Medication Administration Mistakes, Medication Drug Error | RSS Feed
Medication Error Giving Client Wrong Medication at Circle Drive Manor Assisted Living Leads to Hospitalization and Intubation Leads to Hospitalization and Intubation

Medication Error Giving Client Wrong Medication at Circle Drive Manor Assisted Living Leads to Hospitalization and Intubation Leads to Hospitalization and Intubation

Circle Drive Manor Assisted Living West Concord Allegations of Neglect After Wrong Medications

In a report from the Minnesota Department of Health, dated January 19, 2017,  there was an allegation that a client  at Circle Drive Manor Assisted Living West Concord was neglected when the facility administered an incorrect medication to the client and the client developed severe respiratory distress.

Circle Drive Manor Assisted Living West Concord Neglect Substantiated

Based on a preponderance of the evidence, neglect occurred when a client was given the wrong medication by the facility staff.  The client required hospitalization and intubation due to receiving the incorrect medication.  The facility had a pattern of presetting medications in a manner which made this issue likely to occur, the facility has been informed this practice was not safe, and the facility continued to fail to provide safe medication administration after this incident.

The client had a diagnosis that included chronic obstructive pulmonary disease (COPD).  The client required oxygen use to maintain the client’s respiratory status.  The client received home care services and required assistance with all activities of daily living including medication and oxygen management.  The client had a history of respiratory infections and exacerbation of COPD.

The day of the incident, the client was not feeling well and requested to eat in his/her room instead of eating in the dining room.  The alleged perpetrator (AP) stated at about 11:00 a.m.. s/he prepared another client’s medication (gabapentin 600 milligrams), which was due at noon.   The AP stated that after setting up the medication, s/he delivered the client his/her lunch tray, but accidently placed the other client’s medication on the tray.  The AP continued to serve lunch to other clients in the dining room.  At 11:30 a.m., the AP went to the medication cart to administer the gabapentin and found that the medication cup with the pills was no longer there.  The AP verified s/he had signed his/her initials on the medication card, indicating s/he had set up the medication.  The AP stated s/he went back to the client’s room and noticed an empty medication cup on the client’s lunch tray.  The client was unresponsive.  Immediately, the AP called emergency medical services, and the client was sent to the hospital.

At the hospital, the client was intubated due to compromised respiratory status.  The client was extubated the following day and hospitalized for three days.  The hospital physician indicated the client would return to previous status with ongoing chronic health issues.  Upon discharge, the client returned to the home care provider.  The client subsequently declined in health status related to heart and lung diseases.  The client died approximately one month later.  The client’s death record indicated the client died from natural causes.

The client’s physician was interviewed and stated it was coincidental that the incident of the medication error occurred a month prior to the client’s death.  The physician stated the client had a severe heart blockage which was apparently the ultimate cause of death.

During an interview, the AP stated s/he made the medication error on a busy day.  The AP stated that because the client was underweight and frail, once s/he realized the error had occurred, s/he called the emergency services immediately to treat the client.

During an interview, a nurse who previously worked at the home care provider stated that both before and after this incident, unlicensed staff members would set up medications ahead of time, although they had been trained not to do so.   The nurse stated s/he had spoken to the owners of the facility, including the AP, regarding this pattern of unsafe medication administration, and the AP did not change the practice.  The nurse’s company terminated their contract with the facility due to this practice.

During the investigation, both the AP and another unlicensed staff member were observed setting up medications for multiple clients at the same time.  This included an incident where medications, scheduled to be administered at 5:00 p.m. and 8:00 p.m., were placed in medication cups between 3:50 p.m. and 4:20 p.m.  These medications were then locked in a tool chest for later administration to the clients.

Report Medication Errors and Other Elder 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 being given the wrong medication 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.

Disclaimer

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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Nursing Home Medication Error Lawyer

Written By: Kenneth LaBore | Published On: 5th February 2017 | Category: Medication Administration Mistakes, Medication Drug Error, Nursing Home Abuse and Neglect, Wrongful Death | RSS Feed

 

Nursing Home Medication Error Lawyer

Nursing Home Medication Error Lawyer

Minnesota Nursing Home Medication Error Lawyer

According to federal law nursing homes need to take several measures to protect residents from medication errors.  Pursuant to federal regulation 42 CFR 483 45:

(d) Unnecessary drugs—General.  Each resident’s drug regimen must be free from unnecessary drugs. An unnecessary drug is any drug when used—

(1) In excessive dose (including duplicate drug therapy); or

(2) For excessive duration; or

(3) Without adequate monitoring; or

(4) Without adequate indications for its use; or

(5) In the presence of adverse consequences which indicate the dose should be reduced or discontinued; or

(6) Any combinations of the reasons stated in paragraphs (d)(1) through (5) of this section.

(e) Psychotropic drugs.  Based on a comprehensive assessment of a resident, the facility must ensure that—

(1) Residents who have not used psychotropic drugs are not given these drugs unless the medication is necessary to treat a specific condition as diagnosed and documented in the clinical record;

(2) Residents who use psychotropic drugs receive gradual dose reductions, and behavioral interventions, unless clinically contraindicated, in an effort to discontinue these drugs;

(3) Residents do not receive psychotropic drugs pursuant to a PRN order unless that medication is necessary to treat a diagnosed specific condition that is documented in the clinical record; and

(4) PRN orders for psychotropic drugs are limited to 14 days. Except as provided in §483.45(e)(5), if the attending physician or prescribing practitioner believes that it is appropriate for the PRN order to be extended beyond 14 days, he or she should document their rationale in the resident’s medical record and indicate the duration for the PRN order.

(5) PRN orders for anti-psychotic drugs are limited to 14 days and cannot be renewed unless the attending physician or prescribing practitioner evaluates the resident for the appropriateness of that medication.

(f) Medication errors. The facility must ensure that its—

(1) Medication error rates are not 5 percent or greater; and

(2) Residents are free of any significant medication errors.

Federal law mandates:

• Decrease medication errors and adverse drug events
• Assure proper medication selection
• Monitor drug interactions, overmedication, and undermedication
• Improve the documentation of medication administration

Information About Medication From Nursing Home Medication Error Lawyer

According to CMS, medications are an integral part of the care provided to nursing home residents. They are administered to achieve positive outcomes, such as curing an illness, diagnosing a disease or a condition, modifying a disease process, reducing or eliminating symptoms, or preventing a disease or symptom. However, any medication or combination of medications may result in adverse consequences. Therefore residents must only receive medications when there are clear clinical indications and when the potential benefits outweigh the risks.

The facility is expected to have a proactive, systematic and effective approach to monitoring, reporting, and acting upon the effects, risks, and adverse consequences of medications. The pharmacist may need to conduct the medication regimen review more frequently (for example weekly), depending on the resident’s condition and the risks for adverse consequences related to current medications. The requirement for the medication regimen review applies to all residents, including residents receiving respite care, residents at the end of life or who have elected the hospice benefit, residents with an anticipated stay of less than 30 days, or residents who have experienced a change in condition. Complex residents generally benefit from a pharmacist’s review during the transition from hospital to skilled nursing facility

Nursing Home Medication Error

There are several types of medication errors and mistakes in nursing homes and assisted living facilities including residents not being given medication, the wrong doses, wrong medication, theft and replacement of medications also call drug diversion.  Medication errors often lead to hospitalizations for the nursing home resident.

Nursing Home Medication Error Reporting

Pursuant to Minn. Statute 144.7065, Subd. 5(1), events reportable under this subdivision include:

  • patient death or serious injury associated with a medication error, including, but not limited to, errors involving the wrong drug, the wrong dose, the wrong patient, the wrong time, the wrong rate, the wrong preparation, or the wrong route of administration, excluding reasonable differences in clinical judgment on drug selection and dose.

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

Nursing Home Medication Error Lawyer

If you have questions about medication errors in a assisted living facility or other elder provider or nursing home or other elder abuse and neglect issues contact Minnesota Nursing Medication Lawyer 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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Assisted Living Medication Error

Written By: Kenneth LaBore | Published On: 5th February 2017 | Category: Assisted Living Care Issues, Medication Administration Mistakes, Medication Drug Error, Wrongful Death | RSS Feed
Assisted Living Medication Error

Assisted Living Medication Error

Minnesota Assisted Living Medication Error

Despite the fact that many assisted living care providers charge more for a room and care than a nursing home there is a trade off you are getting a nicer room and usually newer more luxurious dining room and other areas but there very little training required to be a staff member in the facility.

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.

Assisted Living Medication Error

There are several types of medication errors and mistakes in assisted living facilities including residents not being given medication, the wrong doses, wrong time, improper preparation or administration, wrong medication, theft and replacement of medications also call drug diversion.

Assisted Living Medication Error Reporting

Pursuant to Minn. Statute 144.7065, Subd. 5(1), events reportable under this subdivision include:

  • patient death or serious injury associated with a medication error, including, but not limited to, errors involving the wrong drug, the wrong dose, the wrong patient, the wrong time, the wrong rate, the wrong preparation, or the wrong route of administration, excluding reasonable differences in clinical judgment on drug selection and dose.

In addition to the reporting requirements for the facility you should also report the medication error to the Minnesota Department of Health Office of Health Facility Complaints, OHFC.  See the attached for more information about reporting elder abuse and neglect.

Assisted Living Medication Error Lawyer

If you have questions about medication errors 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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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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New Perspectives Cited with Neglect

Written By: Kenneth LaBore | Published On: 31st January 2017 | Category: Medication Administration Mistakes, Medication Drug Error, Wrongful Death | RSS Feed
Failure to Administer Pneumonia Medication Leads to Resident Death at Lighthouse of Columbia Heights aka New Perspectives of Columbia Heights

Failure to Administer Pneumonia Medication Leads to Resident Death at Lighthouse of Columbia Heights Minnesota aka New Perspectives of Columbia Heights

New Perspectives Columbia Heights Failed to Administer Medication

It is alleged in a report dated November 8, 2016 from the Minnesota Department of Health, that the Lighthouse of Columbia Heights aka New Perspectives neglected a client when staff failed to administer prescribed medications for pneumonia.  The client had a change in condition when s/he was assessed and found to be deteriorating.  The client was later hospitalized and passed away.

Substantiated Neglect Against New Perspectives – Lighthouse of Columbia Heights

Based on a preponderance of the evidence, neglect is substantiated.  The home care provider staff failed to administer a client an ordered antibiotic for pneumonia.  The client developed pneumonia and sepsis, was hospitalized, and died.

The client received services from the home care provider for diagnoses that included diabetes and failure to thrive.  The client required assistance with medication administration.  The provider order for life sustaining treatment (POLST) indicated the client choose not be resuscitated, but marked “yes” to the use of antibiotics.  The client experienced a slow decline in health status including decreased appetite with weight loss, increased incidence of falls, and not sleeping well.  One Wednesday, the client was seen by a nurse practitioner to address insomnia and weight loss.  The next day, the client experienced a cough, runny nose, and fatigue.  That Friday, the staff updated the nurse practitioner, who ordered a chest x-ray which found mild pneumonia.  On Saturday at 11:00 a.m., the physician assistant prescribed an antibiotic and sent the prescription to the pharmacy.

The pharmacy delivered the antibiotic on Saturday evening at 5:20 p.m.  A staff member who was not assigned to the client received the pharmacy delivery and brought the antibiotic to the staff member who was assigned to administer the client his/her medications.  The staff member stated he/she placed the medication in the bottom drawer of the medication cart and continued with passing medications to clients.  The client’s antibiotics was scheduled to be given at 8:00 p.m.  Each medication had two different names, a trade name and a generic name.  Although both the trade name and the generic name were listed on the electronic medical record (EMAR) and the antibiotic supply card, the staff member omitted  the medication and commented on the EMAR that the antibiotic was not available.  The next day, a different evening staff member also commented that the antibiotic was not available, and omitted the medication.

On Monday, the licensed practical nurse (LPN) went to check on the client’s status.  At that time, the LPN found that the client had not received any of the prescribed antibiotic (two doses) for pneumonia.  The LPN changed the antibiotic administration time to 2:00 p.m., found the antibiotic supply card in the bottom drawer of the medication cart with no tabs used, administered the first dose, and updated the registered nurse (RN).  The RN investigated which staff had omitted the antibiotic and educated those staff members.  The LPN stated the client experienced increased weakness, coarse cough, elevated respiration rate of 28, and an elevated heart rate of 106.  The home care staff updated the physician on the medication error and the client continued to decline in condition.  Late that evening, the client was sent to the hospital for evaluation.  The hospital attempted intravenous antibiotics, but the client passed away on Friday.  The client’s death record indicated the cause of death was pneumonia and sepsis.

An interview with the client’s physician stated that although the client’s x-ray showed mild pneumonia, the client present clinically ill enough to require an antibiotic.  The physician explained that because the client’s comorbidities that included congestive heart failure, diabetes, and chronic anemia, the delay in starting an antibiotic could have led to client to progress into sepsis.

During interviews with staff, on staff member stated s/he did not realize the antibiotic on the EMAR was the same as the antibiotic delivered that day for the client by the pharmacy.  Therefore, the staff member stated s/he thought it had not been delivered yet.  The other staff member stated s/he could not find the antibiotic in the medication cart and because it was marked not available the day before, assumed it still had not been delivered.  Both staff members stated they normally update the nurse when a medication is missing, however they did not report a missing medication to the nurse with this incident.

For more information about medication errors 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.

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Assisted Living Medication Errors

Written By: Kenneth LaBore | Published On: 31st January 2017 | Category: Assisted Living Care Issues, Medication Administration Mistakes, Medication Drug Error, Wrongful Death | RSS Feed
Minnesota Assisted Living Medication Errors

Minnesota Assisted Living Medication Errors

Minnesota Assisted Living Medication Errors

Claims of neglect and abuse include assisted living medication errors are usually considered malpractices pursuant to Minnesota Statute 145.682.  In the event the medication mistake is such leads to death of a resident a wrongful death case under Minnesota Statute 573.01, made need to have a coroner expert to related the exact cause of death as well as expert and other support of the related damages including those to the surviving family.

Facilities must report medication errors and deaths from errors, according to Minnesota Statute 144.7065, FACILITY REQUIREMENTS TO REPORT, ANALYZE, AND CORRECT.

Subdivision 1. Reports of adverse health care events 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. 3. Product or device events, events reportable under this subdivision are:

(1) patient death or serious injury associated with the use of contaminated drugs, devices, or biologics provided by the facility when the contamination is the result of generally detectable contaminants in drugs, devices, or biologics regardless of the source of the contamination or the product;

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

(1) patient death or serious injury associated with a medication error, including, but not limited to, errors involving the wrong drug, the wrong dose, the wrong patient, the wrong time, the wrong rate, the wrong preparation, or the wrong route of administration, excluding reasonable differences in clinical judgment on drug selection and dose; and

(7) patient death or serious injury associated with a fall while being cared for in a facility.  (falls are often due to medication errors leading to confusion and lack of balance)

Types of Assisted Living Medication Errors

Common types of medication errors include, missing a dosage of medication, missing medications for long periods of time, giving an overdose of medication, or being provided with the some other persons medicine.   Sometimes the explanation is a simple mistake by a medication administration aide, other times there is medication theft or drug diversion or negligence on behalf of the medical professionals such as doctors or nurses.

For more information about this topic see: Medication Errors.

Contact an Experienced Assisted Living Medication Errors Lawyer

If you or a loved one is injured due to a medication error at an assisted living or any other type of elder care nursing home or facility contact Kenneth LaBore for a free consultation on how to hold the negligent care provider accountable.  Call Mr. LaBore at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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