Burn Injury Lawyer
Nursing Home Burn Injury Lawyer
Elder Burn Injury Lawyer. Nursing homes across Minnesota have an obligation to comply with minimum care standards established by state and federal regulations. Many times, the explanation for a burn injury, which occurs to residents of Minnesota nursing homes, assisted living and other types of elder care facilities is related to a corporate organization which is focused on maximizing profits at the expense of safety. Many of the burn injury incidents resulting in serious injury or deaths could have been prevented with increased numbers of attentive and well qualified staff providing additional supervision.
One of the most horrific types of injuries I have seen in my career as a nursing home neglect and abuse burn injury attorney is that of oxygen burn injury with elderly residents who continue to smoke. As a general rule, most nursing home residents have the rights to continue to smoke even if against the doctor’s orders or counter to nursing home recommendations. I have seen several cases where someone who was on oxygen was smoking and a fire with resulted with serious burn injury and/or death of the resident.
Nursing Home Accident Prevention Regulations
Minnesota law requires that a nursing home must have on duty at all times a sufficient number of qualified nursing personnel, including registered nurses, licensed practical nurses, and nursing assistants to meet the needs of the residents at all nurses’ stations, on all floors, and in all buildings if more than one building is involved. This includes relief duty, weekends, and vacation replacements.
- Minnesota Rule 4658.0015 states that a nursing home must operate and provide services in compliance with all applicable federal, state, and local laws, regulations, and codes, and with accepted professional standards and principles that apply to professionals providing services in a nursing home.
- 4658.0105 – MN Rules Part mandates that a nursing home must ensure that direct care staff are able to demonstrate competency in skills and techniques necessary to care for residents’ needs, as identified through the comprehensive resident assessments and described in the comprehensive plan of care and are able to perform their assigned duties.
CALL AN EXPERIENCED BURN INJURY ATTORNEY 612-743-9048
Pursuant to federal regulation, 42 CFR §483.25 (h), Accidents; the facility must ensure that:
(1) The resident environment remains as free of accident hazards as is possible; and
(2) Each resident receives adequate supervision and assistance devices to prevent accidents.
According to Minnesota Statute 626.5572, Subd. 3. Accident. “Accident” means a sudden, unforeseen, and unexpected occurrence or event which:
(1) is not likely to occur and which could not have been prevented by exercise of due care; and
(2) if occurring while a vulnerable adult is receiving services from a facility, happens when the facility and the employee or person providing services in the facility are in compliance with the laws and rules relevant to the occurrence or event.
Despite the state and federal regulations designed to protect vulnerable adult, there are still an unacceptably high number of preventable burn incidents in nursing homes but the most common involve hot water scalding burn injuries in bathtubs or showers, or thermal burns due to the misuse of hot packs, or injuries due unsupervised smoking of resident, especially when using oxygen. Oxygen burn injuries.
Whatever the nature of the burn, the underlying reason may well be due to nursing home neglect. Since the residents of Minnesota nursing homes residents are considered vulnerable adults, it is the duty of the nursing home facility to assess the resident for risks and then keep them safe from those preventable risks, such as smoking in bed or with an oxygen tank on providing oxygen to the resident at the same time.
Burn Injuries Can Occur More Easily to the Elderly
Burns are often more frequent in the elderly. This is because their skin is more sensitive to touch and a considerably thinner. Furthermore, many elderly due to physical constraints and/or medication have a reduced reaction time and diminished senses when exposed to water which is too hot. In many instances, a burn will occur simply because the patient does not have the ability to pull away. It is the responsibility of the nursing home to ensure this never happens and that the water is not too hot for the resident or that they are not exposed to hot water for long durations in time.
In some instances, a burn can be the beginning to other traumatic falls or accidents. If a patient is trying to get out of a scalding hot bathtub, they may suffer a serious fall and injury including broken bones or fractured limbs. If this is the case, you are looking at a serious nursing home neglect lawsuit.
If you have questions, contact burn injury lawyer Kenneth LaBore for a free consultation at 612-743-9048.
Answer: Serious burn injury can occur several ways usually fire a fire in the resident's room or the facility. There can also be an oxygen explosion or fire due to smoking near the oxygen tank and canula.
Burns can also happen from heaters, radiators, electric blankets, hot water, steam, scalding liquids such as coffee and tea, chemical burns and others.
Answer: Prior to May 2023 even the most serious burn injuries which eventually lead to death were not eligible for pain and suffering damages under the Minnesota wrongful death statute, Minn. 573.02. Thankfully, the law was changed to now allow ‘all damages’ including pain and suffering of the deceased and claims for some injuries which occurred prior to death but are not the cause of the death.
Answer: This type of accident is preventable through proper supervision and care from the nursing home staff. Most nursing home staff are the aware of the residents that smoke cigarettes and they should be given particular close supervision when they are also using oxygen. The need for supervision increases even further if the resident has a history of poor judgment or is unable due to cognitive changes such as Alzheimer’s and Dementia to perceive risks and dangers.
Answer: Federal Law requires that a nursing home take measures to reduce all risks for accidents including, fire risks from smoking, etc. Accidents. The facility must ensure that (1) The resident environment remains as free of accident hazards as is possible; and (2) Each resident receives adequate supervision and assistance devices to prevent accidents. (42 CFR § 483.25 (h)).
Answer: The safest bathing temperature is approximately 100 degrees. However, often bathtubs are often filled with water that is much hotter due to either the neglect and irresponsibly of the nursing home staff members or due to a malfunction or improperly set water heater. Also, staff member may fill a hot bath, leave the room and the place the patient in the bath without even checking the water temperature. Burn injury as a result of exposure to hot or scalding water is a function of temperature and time. The higher the temperature the less time it will take to sustain permanent injuries. Anything over 120 degrees can cause third degree burns with water that is over 140 degrees can cause serious damage in less than 6 seconds.
Answer: Minnesota Administrative Rules 4658.0135 POLICY RECORDS. Subpart 1. Availability of policies.
All policies and procedures directly related to resident care adopted by the home must be placed on file and be made available upon request to nursing home personnel, residents, legal representatives, and designated representatives.
Subp. 2. Admission policies.
Admission policies must be made available upon request to prospective residents, family members, legal representatives, and designated representatives.
Questions regarding Oxygen Burn Injuries Burn Injury Accidents, from Smoking:
Did the resident require supervision when smoking?
What were the resident’s risks?
Dementia, Medications, Oxygen?
Did the facility have a designated supervised smoking area?
Was there a facility sign out sheet for cigarettes and lighter?
How does the facility monitor for return of cigarettes and lighter?
Questions regarding Oxygen Burn Injuries Burn Injury Accidents, from Smoking:
- Did the resident require supervision when smoking?
- What were the resident’s risks?
- Dementia, Medications, Oxygen?
- Did the facility have a designated supervised smoking area?
- Was there a facility sign out sheet for cigarettes and lighter?
- How does the facility monitor for return of cigarettes and lighter?
Answer: According to the CDC scalds are burn injuries – scalding burn injuries attributed to hot liquids or steam, account for 33%–58% of all patients hospitalized for burns in the United States (1–3). Adults aged ≥65 years have a worse prognosis than younger patients after scald burns because of age-related factors and comorbid medical conditions (4), and they are subject to more extensive medical treatment than younger adults. To estimate the number of emergency department (ED) visits for nonfatal scald burns among U.S. adults aged ≥65 years and describe their characteristics.