Posts Tagged ‘Assisted Living Care Issues’

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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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Assisted Living Assault

Written By: Kenneth LaBore | Published On: 5th February 2017 | Category: Assisted Living Care Issues, Elder Physical Abuse, Sexual Abuse, Verbal Abuse | RSS Feed
Minnesota Assisted Living Assault

Minnesota Assisted Living Assault

Minnesota Assisted Living Assault

Assisted living facilities deal with people with cognitive deficiencies with a wide range of abilities and risks for each resident.  Some residents are very mobile and active and other need assistance with transfer and other activities of daily living.

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 Assault by Other Residents

Due to medications and perception issues such as hearing and vision, perhaps a change in environment or other difficulties persons in elder care facilities especially those with Alzheimer’s and dementia may get anxious and irritable and strike out at staff and other residents.   Or the assault may be in the form of inappropriate sexual contact or verbal abuse from residents who have lost some of their social filters.  Assisted living facilities have an obligation to keep residents safe and to supervise the other residents with the goal of as little confrontation as possible.  This may involve separating residents that are a risk to others and perhaps discharging them to a facility with more supervision if there is a risk to fellow residents.

Assisted Living  Assault by Staff Members

There are also of course situations where staff members take advantage of the fact that resident’s may be confusion or have other cognitive issues that make them very vulnerable to sexual assault.  Staff members should have background checks to limit the ability of persons with a known history to have contact with the residents.  However, the backgrounds are not always performed in a timely manner, or there are new criminal issues that show up once the staff member is hired, or the report is missing key information from other states or countries.  Then there are the staff that had never been caught abusing before but lacked the supervision of the staff and their actions which fostered an environment for those with a propensity to attempt abuse.

Residents need to be properly assessed, and then the staff needs to be well trained then supervised by protective management to assure the safety of all the residents.  Minnesota is a one person consent video state which means that you can place a hidden camera in the room of a resident.   The room in an assisted living facility is a private space just like an apartment in any other building and the resident can have a hidden camera if the resident and/or their legal representative consents to the recording.

Assisted Living Sexual Assault Reporting

Pursuant to Minn. Statute 144.7065, Subd. 7, potential criminal events, events reportable under this subdivision are:

(1) any instance of care ordered by or provided by someone impersonating a physician, nurse, pharmacist, or other licensed health care provider;
(2) abduction of a patient of any age;
(3) sexual assault on a patient within or on the grounds of a facility; and
(4) death or serious injury of a patient or staff member resulting from a physical assault that occurs within or on the grounds of a facility.

In addition to the reporting requirements for the facility you should also report any sexual or physical abuse to the local police department and 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 Assault Attorney

If you have questions about physical abuse or assualt 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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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 Falls

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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Assisted Living Sexual Assault

Written By: Kenneth LaBore | Published On: 4th February 2017 | Category: Assisted Living Care Issues, Sexual Abuse | RSS Feed
Assisted Living Sexual Assault

Assisted Living Sexual Assault

Assisted living facilities deal with people with cognitive deficiencies with a wide range of abilities and risks for each resident.  Some residents are very mobile and active and other need assistance with transfer and other activities of daily living.

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 Sexual Assault by Other Residents

Due to resident rights, a resident in a assisted living facility have a legal right to have a relationship even a physical one with other residents if there is consent.  Consent is the issue, at what point does one or both of the parties lose their legal right to consent to sex?   If there is an event without consent there may be civil liabilities for the facility and provider as well as potential criminal actions ranging from restraining orders to criminal charges.

Assisted Living Sexual Assault by Staff Members

There are also of course situations where staff members take advantage of the fact that resident’s may be confusion or have other cognitive issues that make them very vulnerable to sexual assault.  Staff members should have background checks to limit the ability of persons with a known history to have contact with the residents.  However, the backgrounds are not always performed in a timely manner, or there are new criminal issues that show up once the staff member is hired, or the report is missing key information from other states or countries.  Then there are the staff that had never been caught abusing before but lacked the supervision of the staff and their actions which fostered an environment for those with a propensity to attempt sexual abuse.

Residents need to be properly assessed, and then the staff needs to be well trained then supervised by protective management to assure the safety of all the residents.  Minnesota is a one person consent video state which means that you can place a hidden camera in the room of a resident.   The room in an assisted living facility is a private space just like an apartment in any other building and the resident can have a hidden camera if the resident and/or their legal representative consents to the recording.

Assisted Living Sexual Assault Reporting

Pursuant to Minn. Statute 144.7065, Subd. 7, potential criminal events, events reportable under this subdivision are:

(1) any instance of care ordered by or provided by someone impersonating a physician, nurse, pharmacist, or other licensed health care provider;
(2) abduction of a patient of any age;
(3) sexual assault on a patient within or on the grounds of a facility; and
(4) death or serious injury of a patient or staff member resulting from a physical assault that occurs within or on the grounds of a facility.

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

If you have questions about sexual abuse 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 Assault

Written By: Kenneth LaBore | Published On: 4th February 2017 | Category: Assisted Living Care Issues, Caregivers Resources, Elder Physical Abuse | RSS Feed
Minnesota Memory Care Assault to Resident

Minnesota Memory Care Assault to Resident

Memory Care Assault Due to Lack of Supervision

Due to the fact that many of the residents have Alzheimer’s or dementia memory care assault is a real risk that needs to be addressed.   Well trained staff who know how to redirect residents who are upset and separate those who are a risk from others, is a key to reducing the environment which leads to aggravated interactions.

Even though a memory care facility may charge more per month than other types of elder care providers including nursing homes, the staff is not generally well trained and they are not there to provide medical care unless they are coming in to see a resident as contracted services.

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 situations including assault to vulnerable residents from other residents and unfortunately sometimes staff.

Memory Care Assault by Other Residents

Due to problems with confusion and cognitive issues related to Alzheimer’s or dementia or medications, loss of vision or hearing or some other reason, residents can become agitated and irritated with each other and if not properly supervised and controlled there can be assaults some leading to serious falls, and other injuries such as head injuries with subdural hematomas.

Memory Care Assault by Staff Members

There are unfortunately situations where staff members lose control of their temper and inappropriately let their frustration on staffing issue or personal problems out on the residents dependent on their assistance and supervision.  There is no excuse for elder abuse ever.  Management has to take all reasonable measures to protect the safety of residents from abuse by staff including background checks of the staff, training on Alzheimer’s and dementia and issues related to providing care to those with cognitive issues.   There should be a climate in the organization to treat all the clients with respect and dignity and to report any concerns about abuse to residents from staff or other residents to management and the department of health.

Minnesota is a one person consent video state which means that you can place a hidden camera in the room of a resident.   The room is a private space just like an apartment in any other building and the resident can have a hidden camera if the resident and/or their legal representative consents to the recording.

Memory Care Assault Reporting

According to Minn. Statute 144.7065, Subd. 7, potential criminal events, events reportable under this subdivision are:

(1) any instance of care ordered by or provided by someone impersonating a physician, nurse, pharmacist, or other licensed health care provider;
(2) abduction of a patient of any age;
(3) sexual assault on a patient within or on the grounds of a facility; and
(4) death or serious injury of a patient or staff member resulting from a physical assault that occurs within or on the grounds of a facility.

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

If you have questions about physical assault or abuse in a memory care 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 Sexual Assault

Written By: Kenneth LaBore | Published On: 4th February 2017 | Category: Sexual Abuse | RSS Feed
Memory Care Sexual Assault

Memory Care Sexual Assault

Lack of Skilled Staff at Memory Care – Sexual Assault is the Unintended Result

Memory care facilities deal with people with cognitive deficiencies with a wide range of abilities and risks for each resident.  Some residents are very mobile and active and other need assistance with transfer and other activities of daily living.

Despite the fact that many memory 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 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 situations including sexual assault to vulnerable residents.

Memory Care Sexual Assault by Other Residents

Due to resident rights, a resident in a memory care facility have a legal right to have a relationship even a physical one with other residents if there is consent.  Consent is the issue, at what point does one or both of the parties lose their legal right to consent to sex.   If there is event without consent there may be civil liabilities for the facility and provider as well as potential criminal actions ranging from restraining orders to criminal charges.

Memory Care Sexual Assault by Staff Members

There are also of course situations where staff members take advantage of the fact that resident’s may be confusion or have other cognitive issues that make them very vulnerable to sexual assault.  Staff members should have background checks to limit the ability of persons with a known history to have contact with the residents.  However, the backgrounds are not always performed in a timely manner, or there are new criminal issues that show up once the staff member is hired, or the report is missing key information from other states or countries.  Then there are the staff that had never been caught abusing before but lacked the supervision of the staff and their actions which fostered an environment for those with a propensity to attempt sexual abuse.

Residents need to be properly assessed, and then the staff needs to be well trained then supervised by protective management to assure the safety of all the residents.  Minnesota is a one person consent video state which means that you can place a hidden camera in the room of a resident.   The room is a private space just like an apartment in any other building and the resident can have a hidden camera if the resident and/or their legal representative consents to the recording.

Memory Care Sexual Assault Reporting

Pursuant to Minn. Statute 144.7065, Subd. 7, potential criminal events, events reportable under this subdivision are:

(1) any instance of care ordered by or provided by someone impersonating a physician, nurse, pharmacist, or other licensed health care provider;
(2) abduction of a patient of any age;
(3) sexual assault on a patient within or on the grounds of a facility; and
(4) death or serious injury of a patient or staff member resulting from a physical assault that occurs within or on the grounds of a facility.

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

If you have questions about sexual abuse in a memory care 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

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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Minnesota Assisted Living Falls Lawyer

Written By: Kenneth LaBore | Published On: 31st January 2017 | Category: Assisted Living Care Issues, Fall Injuries, Hoyer Lift, Patient Lift, Wrongful Death | RSS Feed
Assisted Living Falls Lawyer and Fracture Injuries

Assisted Living Falls Lawyer and Fracture Injuries

Minnesota Assisted Living Falls Lawyer

There are many types of fall injuries I have seen as a nursing home and assisted living falls lawyer.  Falls can happen when the resident is not given care they need with transfer and toileting or when they are dropped or fall from patient lifts, fall in their wheelchairs, or in the bathroom. Many of these falls would be preventable with proper assessment of the resident’s needs and risks and then adequate care and supervision to prevent accidents.

Falls in assisted living and other elder care situations can lead to fractures such as femur, pelvis and hip, head injuries with complications, such as subdural hematomas, and other injuries some leading to death.

Information About Assisted Living Falls

According to Minnesota Statute 144.7065, Subdivision 1., reports of adverse health care events are 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. 5. Care management events.  Events reportable under this subdivision are:

(7) patient death or serious injury associated with a fall while being cared for in a facility;

Assisted Living Falls Lawyer

If you need information about assisted living falls or other forms of elder abuse and neglect or other call Kenneth LaBore for a free consultation with no fee unless a verdict or settlement offer by the wrongdoer.  Call Mr. LaBore 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 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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Selecting an Elder Care Facility

Written By: Kenneth LaBore | Published On: 19th January 2017 | Category: Caregivers Resources, Home Health Care, Housing With Services Care Issues | RSS Feed
Selecting an Elder Care Facility in Minnesota

Selecting an Elder Care Facility in Minnesota

Resources for Selecting an Elder Care Facility

Selecting an elder care facility is a difficult and import decision.  The resident or family member needs to consider many factors including the location, costs, payment sources such as Medicaid and Minnesota Elder Waiver, and probably most importantly the care needs of the resident and the services offered by the provider.

Another important issue is to consider the quality of care the potential nursing home, assisted living, memory care provider, home care provider, group home or other care or service provider focused on elder and vulnerable adult clients.

Additional Resources for Selecting and Elder Care Facility

Before selecting an elder care provider you want to review the past Medicaid surveys, as well as the Minnesota Department of Health, Office of Health Facility Complaints findings for the facility you are considering.  You may also want to make sure the facility is not on the Medicare Special Focus Facility list of providers with deficiencies well above the above in average pertaining to quality of care provided to residents.

It is also important to be well versed in the Minnesota and Federal Resident Rights regulations designed to protect nursing home and other elder care vulnerable adults and residents.

If you suspect any type of injuries or harm from elder abuse or neglect, report it immediately.

Click here for more selecting an elder care facility or choosing a nursing home.

Also see Minnesota Choosing a Facility from the MDH, which has links to more information including: finding licensed facilities and providers, Minnesota Nursing Home Report Card, a statewide source of information Minnesota Help, Medicare Compare for Home Health Care Providers and Medicare Compare for Nursing Homes.

In some cases information on facilities can be found at U.S.News, Find Nursing Home Rating.

The Center for Disease Control and Prevention, CDC, information on Nursing Homes, Assisted Living and Long Term Care Facilities.

The Minnesota Attorney General also provides information on Selection of Nursing Home.

Finally, The Center for Medicare Medicaid Services, CMS, Offers a Nursing Home Selection Checklist covering many important care and service related issues before choosing a facility.

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 need more information about selecting an elder care facility or 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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