Archive for the ‘Wrongful Death’ Category


Providence Villa Resident Dies from Wandering Outside

Written By: Kenneth LaBore | Published On: 13th December 2019 | Category: Wrongful Death | RSS Feed
Resident Elopes and Dies from Hypothermia at Providence Villa
Resident Elopes and Dies from Hypothermia at Providence Villa

In a report from the Minnesota Department of Health it is alleged that a client at Providence Villa was neglected when the facility failed to provide appropriate supervision when the client eloped from the facility, resulting in death from hypothermia.

Failure to Supervise Resident at Providence Villa

Neglect was substantiated. The facility and alleged perpetrator (AP) were responsible for the maltreatment. The AP failed to implement supervision services based on the client’s needs. As a result, the client eloped in inclement weather while dressed inappropriately, and died from hypothermia. At the time of the incident, the facility employed only one nurse (the AP), who had to be available to the staff at the facility 24 hours a day, 7 days a week, fill in our unlicensed staff shifts, and complete all nursing duties.

The autopsy report indicated the cause of death was hypothermia due to environmental cold exposure. There was no evidence of life threatening traumatic injuries or natural disease process. Toxicology results were positive only for caffeine. The client’s diagnoses listed on

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

A common form of neglect in elder care facilities involves a lack of proper monitoring and supervision of a vulnerable adult with cognitive issues. Wandering and elopement from facilities by confused and unsupervised residents is a common and dangerous risk. Most forms of elder abuse are preventable with proper care and supervision.

Report Suspected Elder Abuse

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

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

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Client at Westwood of Duluth Dies after Consuming Caustic Substance

Written By: Kenneth LaBore | Published On: 12th December 2019 | Category: Wrongful Death | RSS Feed
Death and Abuse of Residents at Westwood of Duluth
Death and Abuse of Residents at Westwood of Duluth

Negligent Supervision of Resident at Westwood of Duluth Leads to Consumption of Cleaning Products

According the Minnesota Department of Health, a client at Westwood of Duluth was the victim of neglect when the facility did not provide a safe environment.  The vulnerable client consumed a caustic substance which causes severe burns to the esophagus and stomach.  The client subsequently died three days later.  

The report from state goes on to state that neglect was substantiated.  The facility was responsible for maltreatment.  The facility failed to implement safety precautions when the client had a history of climbing over the kitchen gate, failure to otherwise secure chemical cleaners, and client ingested one and died.

Resident Suffered Sexual Abuse According to MDH

In a MDH report it was alleged that a resident at Westwood Duluth was sexually assaulted by another resident at the facility.   Neglect was substantiated by the state.  The facility was responsible for the maltreatment.  Multiple facility registered Nurses (RNs) failed to complete an assessment and address the change in condition for client #2 after client #1 had sexual contact with client #2.  Facility nurses also failed to assess and address client #1’s change in behaviors.

Preventable Neglect at Westwood of Duluth

Additional issues of concerned at the facility were cited by the state including, exploitation of residents by drug diversion, and abuse and exploitation.

Click Here For Link To Report Abuse To Adult Protection
Report Suspected Abuse and Neglect to the State of Minnesota at 1-844-880-1574

If you are concerned about a lack of attention or a failure to provide proper supervision leading to and injury, including sexual abuse to a vulnerable adult in an elder care facility contact an experienced attorney for a free no obligation consultation at 612-743-9048.

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Harmony House Pierz – Fall Injuries – Sexual Assault

Written By: Kenneth LaBore | Published On: 21st November 2019 | Category: Fall Injuries, Sexual Abuse, Wrongful Death | RSS Feed
Harmony House Resident Victim of Sexual Assault
Harmony House Resident Victim of Sexual Assault

In a report from the MDH it was alleged that a Harmony House staff member sexually abused the client when she inserted a finger into the client’s vagina during two separate incidents.

Sexual abuse was substantiated. The AP was responsible for the maltreatment. The AP made unwanted sexual contact with the client on two separate occasions when she inserted an in continence brief and her finger into the client’s vagina.

Neglect of Health Care, Fall Injury, Delay in Treatment Harmony House Pierz - Failure to Use Gait Belt Leads to Falls

Neglect of Health Care, Fall Injury, Delay in Treatment Harmony House Pierz – Failure to Use Gait Belt Leads to Falls

Harmony House Pierz Complaint Findings for Neglect – Falls

In a report concluded on June 20, 2012, the Minnesota Department of Health cites Harmony House Pierz for neglect of health care falls.

The allegation is neglect based on the following: Client #1 had a fall with injury when a staff person, alleged perpetrator (AP) ambulated Client #1 without using a gait belt.  The next day the client was transported to the emergency room where Client #1 passed away.

Substantiated Neglect Related to Falls at Harmony House Pierz

According to CDC.gov, each year, millions of older people—those 65 and older—fall. In fact, one out of three older people falls each year, but less than half tell their doctor. Falling once doubles your chances of falling again.

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 falls, fractures or any other form of elder abuse or neglect contact Elder Abuse and Neglect 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 Abuse and Neglect Lawyer Kenneth LaBore Offers Free Consultations and Serves Clients Throughout the State of Minnesota Call Toll Free at 1-888-452-6589

Nursing Home Abuse and Neglect Lawyer Kenneth LaBore Offers Free Consultations and Serves Clients Throughout the State of Minnesota Call Toll Free at 1-888-452-6589

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Shephard Park Home Care Cited with Neglect after Client Gains Access to Industrial Cleaners and Dies

Written By: Kenneth LaBore | Published On: 11th April 2019 | Category: Wrongful Death | RSS Feed
Client of Shephard Park Home Care in St. Paul Dies After Ingesting Industrial Strength Cleaning Product

MDH Cites Shephard Park Home Care when Unsupervised Client Gets into Cleaning Supplies

In a report from the Minnesota Department of Health it is alleged that a client at Shephard Park Home Care in St. Paul was neglected when the facility failed to properly secure an industrial strength cleaning product, which the client ingested, resulting in her death.

Failure to Supervise Client at Shephard Park Home Care Results in Preventable Death

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

Neglect was substantiated. The facility was responsible for the maltreatment. The client, who resided in the facility’s secured memory care unit, found an industrial strength cleaning supply in an unlocked kitchen cabinet. The client ingested the contents of the package, which resulted in a medical emergency. The client suffered chemical burns to her mouth and

Many forms of neglect lead to the preventable death of vulnerable adults residing in assisted living, nursing homes and other care facilities. A common theme is a lack of supervision and monitoring which can lead to falls, fractures, wandering, assaults, and many other types of harms, including possible poisoning. Most forms of elder abuse are preventable with proper care and supervision.

Report Suspected Elder Abuse

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

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

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Shiloh Assisted Living Cited with Neglect after Failure to Provide CPR to Dying Client

Written By: Kenneth LaBore | Published On: 21st February 2019 | Category: Failure to Provide CPR, Medication Administration Mistakes, Wrongful Death | RSS Feed

MDH Cites Shiloh Assisted Living
Failed to Respond to Client’s Change in Condition

Shiloh Assisted Living Cited After Failure to Provide CPR to Client in Distress
Shiloh Assisted Living Cited After Failure to Provide CPR to Client in Distress

In a report from the Minnesota Department of Health it is alleged that a client at Shiloh Assisted Living was neglected when facility staff failed to provide CPR (cardio-pulmonary resuscitation).

Neglect Finding Due to Failure to Provide CPR to Client at Shiloh Assisted Living

Neglect was substantiated. The facility was responsible for maltreatment. The facility informed clients in the contracted service plan that CPR was not a service provided by the facility. However, the staff failed to follow the facility’s emergency protocol when the client had difficulty breathing.

The failure to honor a Physician Ordered Life Sustaining Order (POLST) can lead to a person in urgent critical care not receiving the medical intervention and attempt to safe their life they wished for in the event they were ever in that situation.

Other substantiated neglect findings against Shiloh Assisted Living include: resident elopement, and  medication error.

Resident Medication Error

In a recent report by the MDH there was a finding of substantiated neglect after a medication error.

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

A common form of neglect in elder care facilities involves a failure to provide proper care and supervision or a failure to follow procedures as medication management and administration. Most forms of elder abuse are preventable with proper care and supervision.

Report Suspected Elder Abuse

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

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

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Head Injuries From Nursing Home Falls

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

Elder Abuse Falls Subdural Hematoma Head Injuries

Elder Abuse Falls Subdural Hematoma Head Injuries

Head Injuries Commonly Occur From Nursing Home Falls

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

Head Injuries Include Subdural Hematomas

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

Information about Head Injuries and Traumatic Brain Injury

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

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

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

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

Minnesota Elder Abuse and Neglect and Head Injury Attorney

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

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

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Minnesota Nursing Home Neglect Fractures

Written By: Kenneth LaBore | Published On: 29th January 2019 | Category: Fall Injuries, Hoyer Lift, Patient Lift, Wrongful Death | RSS Feed

Nursing Home Resident Fractures From Falls

Nursing Home Resident Fractures From Falls

Nursing Home Neglect Fractures

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

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

Information About Nursing Home Neglect Fractures

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

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

Common Cause of Nursing Home Neglect Fractures

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

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

Nursing Home Neglect Fractures Attorney

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

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

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

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Wrongful Death Loss of Change of Survival Claim

Written By: Kenneth LaBore | Published On: 11th January 2019 | Category: Wrongful Death | RSS Feed
New Cause of Action for the Lost Chance of Survival

Minnesota Supreme Court Adopts Loss of Chance Doctrine

Based on a case called Dickhoff v. Green the Minnesota Supreme Court has ruled that there is a claim for “loss of chance” that is the lost or diminished chance of a full life expectancy. In theory his claim would apply in situations where there is a living plaintiff who has a shortened or reduced chances of full life expectancy. There is also a loss of chance of survival claim that can be plead as an alternative theory to the underlying wrongful death allegations.

Minnesota Jury Instruction Guide Has New Loss of Chance Instruction

Minnesota now has a Jury Instruction under MNCIVJIG 80.11 for “Loss of Chance” which would allow for a claim for diminished or reduced chance living a full life span, had the neglect not occurred.

To discuss a potential medical malpractice wrongful death claim with an experienced attorney call Kenneth LaBore at 612-743-9048.

Minnesota Loss of Chance Doctrine Also Includes a Loss of Survival Claim

The Loss of Chance Doctrine had traditionally two types of claims one for a reduce chance of a full live expectancy. Usually a claim where the number of months or years of life is reduced due to the neglect, in theory brought by that person or their representative. A Loss of Chance of Survival claim is a claim where the injured party dies and they lost their chance for survival.

The Lost Chance of Survival Claim would be brought by the next-of-kin of the deceased. An example would be a failure to respond to a change in condition including after a fall or other injury, or a failure to provide CPR.

Wrongful Death Loss of Chance as An Alternative Theory

There is a new Minnesota Jury Instruction, MN CIVJIG 80.96 titled “Wrongful Death – Loss of Chance as an Alternative Theory. Which allows a plaintiff to argue for both a traditional wrongful death claim and a loss of chance of survival claim. The difference would be in whether the jury believed the neglect was the “direct cause” of the death or if the negligence in providing care and treatment was a direct cause of the reduction in the chances of survival.

The is then asked in MNCIV JIG 80.96 to determine the percentage the decedent’s chance of survival or a more favorable outcome was reduced by the care provider’s negligence.

Report Suspected Elder Abuse

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

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

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Good Samaritan Society Redwood Falls Neglect Substantiated – Falls and Improper Use of Equipment

Written By: Kenneth LaBore | Published On: 18th March 2018 | Category: Wrongful Death | RSS Feed

Recent MDH Substantiated Complaints against Good Samaritan Redwood Falls for neglect for fall after improper use of equipment.

 

Failure to Call for Ambulance or 911, Failure to Provide Emergency Care

Delay in Calling for Ambulance or 911, Failure to Provide Timely Emergency Care Good Samaritan Society Redwood Falls

Good Samaritan Society Redwood Falls Complaint Findings for Neglect, Delay in Calling 911

In a report concluded on January 25, 2011, the Minnesota Department of Health cites Good Samaritan Society Redwood Falls for neglect of health care.

The allegation is neglect based on the following: Resident #1 was not provided timely medical evaluation by staff when she had a medical change in condition.  Staff waited over one hour before calling an ambulance.  In addition, staff waited more than another hour when the ambulance did not come.  Resident #1 expired soon after the ambulance arrived.

Substantiated Samaritan Society Redwood Falls

According to NCBI, nursing homes must improve quality of care even as it becomes increasingly complex, and patient safety science may provide a helpful paradigm. Training materials are needed to build staff capacity for clinical assessment and communication, thereby improving care processes. Designed to develop curricular materials, this study used focus groups to determine how experienced nurses and aides assess and communicate about resident clinical changes. Four focus groups were conducted, and interviews were analyzed for themes in an iterative process by multidisciplinary team members. Staff reported that consistent caregiving enables detection of subtle clinical changes; aides further noted the importance of affective bonding. Aides and nurses alike regarded all clinical changes as potentially significant, while nursing staff lacked a consistent approach to assessment. Using a patient safety framework, structural changes and process elements were identified as important topics for further training to support clinical communication and improve resident and facility outcomes.

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 delay in providing emergency care, Minnesota Nursing Home Wrongful Death Attorney or any other form of elder abuse or neglect contact Elder Abuse and Neglect 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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Aging Joyfully Eden Prairie

Written By: Kenneth LaBore | Published On: 21st February 2017 | Category: Inadequate Staffing/Training, Uncategorized, Wrongful Death | RSS Feed

 

Death After Failure to Monitor Heart Pump at Aging Joyfully Eden Prairie

Death After Failure to Monitor Heart Pump at Aging Joyfully Eden Prairie

Aging Joyfully Eden Prairie Allegation of Neglect After Failure to Plug in Heart Pump

In a report from the Minnesota Department of Health, dated January 4, 2017, it is alleged that a client at Aging Joyfully Eden Prairie was neglected when staff failed to plug in and monitor the client’s heart pump.  The client passed away.

Aging Joyfully Eden Prairie Substantiated Neglect After Resident Death

Based on a preponderance of the evidence, neglect is substantiated. Staff failed to plug a “heart pump” device into wall/outlet power. The client was dependent on the device and when the device batteries depleted, the client died.

The client was admitted to the home care provider with diagnoses that included heart failure with a left ventricle assist device (LVAD) and dementia.  The client required assistance with activities of daily living, meals, and LVAD management.  The client had 10 percent heart function.  The home care provider staff were required to test the LVAD daily and record the device readings, and the client’s vital signs and weight.  At bedtime, the staff were required to change the LVAD from battery power to wall/outlet power.

The University of Minnesota LVAD training protocol defines a LVAD as a mechanical circulatory device or “heart pump” that assists a failing heart by increasing blood flow to the rest of the body.  The device is used to increase quality of life and survival for people living with end stage heart failure.  The LVAD controller runs off battery power.  The requirement for sleep procedures were to change the controller from battery power to wall/outlet power by disconnecting the batteries, connecting the controller to the power module, ensuring the power module is connected to wall power, and placing the batteries on the charger for the next day’s use.  The LVAD controller had a system alarm that sounds for various reasons including a low battery.

Aging Joyfully Eden Prairie – 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 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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