Archive for the ‘Patient 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

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 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

Resident at Cook County Northshore Falls from Lift and Fractures Arm

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

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

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

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

Cook County Northshore Substantiated Neglect after Fall with Fracture

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

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

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

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

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

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

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

Click Here For Link To Report Abuse To Adult Protection

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

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

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

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

Accurate Home Care Ostego Neglect Leads to Fall With Injuries

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

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

Accurate Home Care Ostego Neglect After Resident Suffers Injuries From Fall

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

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

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

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

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

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

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

Accurate Home Care Ostego – Report Abuse and Neglect

Click Here For Link To Report Abuse To Adult Protection

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

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

Shakopee Friendship Manor Shakopee

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

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

Shakopee Friendship Manor Shakopee Neglect After Fall From Patient Lift

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

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

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

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

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

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

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

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

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

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

Shakopee Friendship Manor Shakopee – Report Suspected Abuse and Neglect

Click Here For Link To Report Abuse To Adult Protection

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

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

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

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

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

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

Substantiated Neglect Against Augustana HCC Apple Valley After Fall

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

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

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

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

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

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

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

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

If you have questions about falls from patient lifts or other types of elder abuse call Kenneth LaBore for a free consultation at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

Augustana HCC of Apple Valley Financial Exploitation By Staff Member

Investigation of Financial Exploitation at Augustana HCC of Apple Valley

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

Substantiated Exploitation by Staff at Augustana HCC of Apple Valley

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

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

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

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

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Nursing Home Injuries

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

Minnesota Abuse and Neglect Nursing Home Injuries

Minnesota Nursing Home Injuries

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

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

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

Common Types of Nursing Home Injuries

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

Patient Lift Injuries

Wrongful Death from Falls

Fractures from Falls

Falls from Wheelchairs

Falls in Bathroom

Falls in Shower

Falls from Bed

Nursing Home Neglect Fractures

Bedsore Stages

Pressure Injury Stages

Pressure Sore Injury

Pressure Injuries

Nursing Home Fall Injuries Lawyer

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

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Assisted Living Falls

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

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

Minnesota Assisted Living Falls

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

Information on Assisted Living Falls

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) awake;

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

(iii) capable of communicating with assisted living clients;

(iv) capable of recognizing the need for assistance;

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

(vi) capable of following directions;

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

(i) two meals per day;

(ii) weekly housekeeping;

(iii) weekly laundry service;

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

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

(vi) periodic opportunities for socialization; and

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

See the State of Minnesota Assisted Living Guide

Types of Assisted Living Falls

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

Assisted Living Falls Reporting

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

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

Assisted Living Falls Neglect Attorney

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

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Memory Care Falls

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

Alzheimer’s Dementia Memory Care Falls

Memory Care Falls Result in Part Due to Lack of Training

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

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

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

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

(b) Areas of required training include:

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

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

Memory Care Falls

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

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

Reporting Memory Care Falls

Pursuant to Minnesota Statute 144.7065, Subd. 1., each facility shall report to the commissioner the occurrence of any of the adverse health care events described in subdivisions 2 to 7 as soon as is reasonably and practically possible, but no later than 15 working days after discovery of the event. The report shall be filed in a format specified by the commissioner and shall identify the facility but shall not include any identifying information for any of the health care professionals, facility employees, or patients involved. The commissioner may consult with experts and organizations familiar with patient safety when developing the format for reporting and in further defining events in order to be consistent with industry standards.

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

Attorney for Memory Care Falls

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

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Pressure Sore Stages

Written By: Kenneth LaBore | Published On: 3rd February 2017 | Category: Bed Sores and Pressure Ulcers, Patient Lift | RSS Feed

Pressure Sore Stages NPUAP Stage 5, Deep Tissue Pressure Injury

Pressure Sore Stages

Pressure sores stages are categorized into four key stages depending on their age, size, depth and severity. The National Pressure Ulcer Advisory Panel, a professional organization that promotes the prevention and treatment of pressure ulcers, defines each stage.

According to the Mayo Clinic, for people who use a wheelchair, pressure sores often occur on skin over the following sites:

Tailbone or buttocks
Shoulder blades and spine
Backs of arms and legs where they rest against the chair

For people who are confined to a bed, common sites include the following:

Back or sides of the head
Rim of the ears
Shoulders or shoulder blades
Hip, lower back or tailbone
Heels, ankles and skin behind the knees

Pressure Sore Stages

According to WebMD, pressure sores (bed sores) are an injury to the skin and underlying tissue. They can range from mild reddening of the skin to severe tissue damage-and sometimes infection-that extends into muscle and bone. Pressure sores are described in four stages:

Stage 1 sores are not open wounds. The skin may be painful, but it has no breaks or tears. The skin appears reddened and does not blanch (lose color briefly when you press your finger on it and then remove your finger). In a dark-skinned person, the area may appear to be a different color than the surrounding skin, but it may not look red. Skin temperature is often warmer. And the stage 1 sore can feel either firmer or softer than the area around it.

At stage 2, the skin breaks open, wears away, or forms an ulcer, which is usually tender and painful. The sore expands into deeper layers of the skin. It can look like a scrape (abrasion), blister, or a shallow crater in the skin. Sometimes this stage looks like a blister filled with clear fluid. At this stage, some skin may be damaged beyond repair or may die.

During stage 3, the sore gets worse and extends into the tissue beneath the skin, forming a small crater. Fat may show in the sore, but not muscle, tendon, or bone.

At stage 4, the pressure sore is very deep, reaching into muscle and bone and causing extensive damage. Damage to deeper tissues, tendons, and joints may occur.

In stages 3 and 4 there may be little or no pain due to significant tissue damage. Serious complications, such as infection of the bone (osteomyelitis) or blood (sepsis), can occur if pressure sores progress.

Sometimes a pressure sore does not fit into one of these stages. In some cases, a deep pressure sore is suspected but cannot be confirmed. When there isn’t an open wound but the tissues beneath the surface have been damaged, the sore is called a deep tissue injury (DTI). The area of skin may look purple or dark red, or there may be a blood-filled blister. If you or your doctor suspect a pressure sore, the area is treated as though a pressure sore has formed.

There are also pressure sores that are “unstageable,” meaning that the stage is not clear. In these cases, the base of the sore is covered by a thick layer of other tissue and pus that may be yellow, gray, green, brown, or black. The doctor cannot see the base of the sore to determine the stage.

Pressure Sore Stages Neglect Attorney

If you have questions about 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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