Resident at The Legacy of Delano Falls and Suffers Subdural Hematoma
The Legacy of Delano, assisted living. According to excerpts from a report from the Minnesota Department of Health, the Minnesota Department of Health investigated an allegation of maltreatment, in accordance with the Minnesota Reporting of Maltreatment of Vulnerable Adults Act, Minn. Stat. 626.557, and to evaluate compliance with applicable licensing standards for the provider type.
Fall Leads to Head Injuries and Death
The Minnesota Department of Health determined neglect was substantiated. The resident was neglected when she was observed walking unassisted, fell backwards, and sustained a head strike. The resident died.
According to the MDH report, during an interview, the Minnesota Department of Health determined neglect was substantiated. The facility was responsible for the maltreatment. The facility failed to ensure staff were aware of the residents assessed needs. The resident had reoccurring falls and the facility failed to implement interventions to prevent further falls. The resident fell while walking without staff assistance and sustained a head strike. The resident’s death record indicated the resident died from complications of a subdural and subarachnoid hemorrhage as a result of the fall.
The MDH report continues to state: a review of facility provided video surveillance at the time the fall with head strike occurred showed staff escort the resident to a chair in the common area after breakfast at 9:03 a.m. The staff told the resident they would check on her. The resident appeared to be sleeping as
numerous staff were observed walk through the common area but did not interact with the resident. At 9:45 a.m. the resident appeared to wake up and was observed moving in the chair (sitting forward then back) then appeared to be trying the rest again. At 9:57 a.m. the resident was observed lean forward and scoot to the edge of the chair as staff walked by the resident.
Then, the resident placed her hands on her knees and stood up using her walker. The resident walked toward her room unassisted by staff, suddenly stopped, then took a few more steps and appeared to wobble, then fell backwards to the floor striking her head. Staff immediately responded and called 911. At 10:13 a.m. emergency medical services arrived on scene and the resident was transported to the ED 3 minutes later.
Facility leadership stated the resident had 4 falls since admission but indicated the resident was not at a risk for falls, and denied the resident was unsteady, or had balance issues despite those concerns identified repeatedly in the resident’s fall incident reports since admission. Leadership stated the resident’s care plan was followed and nothing could have prevented the incident. Email communication with facility leadership indicated the resident’s admission PT/OT order
was not processed timely due to a fax malfunction. Facility leadership indicated staffing was provided based on acuity of care.
Contact An Experienced Attorney to Review Your Case
If you have questions or concerns about fall or fracture injury suffered by someone you love contact Attorney Kenneth LaBore for a Free Consultation at 612-743-9048.
We sue assisted living facilities for negligence. Our firm handles wrongful death cases, memory care neglect, assisted living neglect, nursing home neglect and abuse and other cases against healthcare providers throughout the state of Minnesota.