Choking Allegation at West Wind Village Morris Minnesota

West Wind Village Morris Complaint Findings for Neglect – Choking

In a report concluded on March 14, 2013, the Minnesota Department of Health cites West Wind Village Morris for neglect of health care – choking.  The allegation is neglect base on the following: a resident choked and was sent to the hospital with aspiration pneumonia after a nursing assistant, and kitch staff gave the resident a salad with cucumbers.  The resident’s care plan called for a mechanical soft diet.

Substantiated Complaint of Neglect Against West Wind Village in Morris

Based on a preponderance of evidence neglect is substantiated.  The resident was served food that was not included on the resident’s specialized diet, which resulted in the resident choking on a piece of raw cucumber.

Documentation and interviews established that the resident had a history of swallowing difficulties and choking episodes.  Approximately 2 weeks prior to the incident, the resident was hospitalized with aspiration pneumonia (inflammation of the lungs and airways to the lungs from breathing in foreign material) after choking on a hot dog.  The resident returned to the facility on a mechanical soft (diet used for people who have difficulty in chewing or swallowing) with no hot dog diet.  The resident was confused with memory loss.

Documentation and interviews revealed that during a lunch meal the resident requested a salad, which included lettuce and raw cucumbers.  The resident’s diet card was located at the resident’s table, and indicated that the resident was to receive a mechanical soft diet.  Staff did not verify the resident’s diet, and served the resident a salad with raw cucumbers, which was not allowed on the resident’s mechanical soft diet.  The resident choked and became unconscious.  Staff performed the Heimlich maneuver, abdominal thrusts, and called 911.

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 choking or asphyxiation or any other form of elder abuse or neglect contact Elder Abuse and Neglect Attorney Kenneth LaBore toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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Improper Diet Choking at Transition Healthcare Minneapolis Minnesota

Transition Healthcare Minneapolis Complaint Findings for “Other” – Choking

In a report concluded on December 28, 2010, the Minnesota Department of Health cites Transition Healthcare Minneapolis for “other” – choking.

The allegation is neglect based on the following information: Client #1 was not provided the appropriate diet ordered and choked while eating supper.

Substantiated Neglect Against Transition Healthcare – More Information About Choking Risk to Seniors

According to the Mayo clinic, choking occurs when a foreign object becomes lodged in the throat or windpipe, blocking the flow of air. In adults, a piece of food often is the culprit. Young children often swallow small objects. Because choking cuts off oxygen to the brain, administer first aid as quickly as possible.

The universal sign for choking is hands clutched to the throat. If the person doesn’t give the signal, look for these indications:

•Inability to talk
•Difficulty breathing or noisy breathing
•Inability to cough forcefully
•Skin, lips and nails turning blue or dusky
•Loss of consciousness

If choking is occurring, the Red Cross recommends a “five-and-five” approach to delivering first aid:

•Give 5 back blows. First, deliver five back blows between the person’s shoulder blades with the heel of your hand.
•Give 5 abdominal thrusts. Perform five abdominal thrusts (also known as the Heimlich maneuver).
•Alternate between 5 blows and 5 thrusts until the blockage is dislodged.

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 choking or ashyxiation 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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Neglect of Health Care Nutrition, Ramsey County Care Center Maplewood

Ramsey County Care Center Maplewood Complaint Findings for Neglect

In a report concluded on May 31, 2013, the Minnesota Department of Health cites Ramsey County Care Center Maplewood for neglect of health care – nutrition.

It is alleged that neglect occurred when a resident was provided food that was the wrong consistency.   The resident coughed up a quarter size potato, began to show symptoms of aspiration and had audible wheezes bilaterally, at which time the resident was sent to the hospital.

Substantiated Complaint Against Ramsey County Care Center Maplewood

Based on a preponderance of the evidence, neglect occurred when staff served the resident food that was the wrong consistency.  The resident choked, developed aspirational pneumonia and died.

Interview with the facility nurse practitioner confirmed that the resident was given the wrong texture of food and the resident aspirated.  The death certificate revealed the cause of death was sepsis.

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 choking, aspiration 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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Neglect, Choking, Asphyxiation, Broen Memorial Home in Fergus Falls Minnesota

Broen Memorial Home in Fergus Falls Complaint Findings for Neglect

In a report concluded on March 17, 2014, the Minnesota Department of Health cites Broen Memorial Home in Fergus Falls for neglect of health care.

It is alleged that neglect occurred when a resident choked on a hot dog and bun which was not in accordance with the resident’s physician ordered diet.  The food was removed when the Heimlich maneuver was successfully performed by staff.

Resident Choked on Food at Broen Memorial Home in Fergus Falls

Based on a preponderance of evidence the allegation of neglect is substantiated.  The resident’s physician orders and care plan interventions directed staff to provide the resident a mechanical soft food texture diet (ground meat) without bread and bread products.  The resident was assisted by staff to eat a hotdog with a bun, choked and required the Heimlich maneuver (an emergency technique for preventing suffocation when the windpipe becomes blocked by a piece of food or other object) to dislodge the hotdog and bread.

Interviews with staff present during the incident established no one recalled placing the food in front of the resident.  The nursing assistant that fed the resident said s/he was not aware the resident should not be given a regular consistency hotdog and bread.

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 choking, asphyxiation or any form of elder abuse or neglect contact Elder Neglect Attorney Kenneth LaBore 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

Trach Tubes Care and Maintenance in Nursing Home

Proper Care of Tracheal Tubes

As we get older it is not uncommon to develop complications involving our respiratory system.  Many elderly patients in nursing home care will require breathing tubes in order to support life.  A clogged or obstructed breathing tube can often lead to brain damage or death.   Another risk to residents is from respirational pneumonia if food becomes lodged in their respiratory system.

It is the responsibility of the nursing home to ensure that their resident’s tracheal tubes are properly placed and unobstructed and are cleaned regularly.  Failing to provide this care is a form of nursing home neglect which would be preventable in most situations.  Nursing Homes must have adequate numbers of well trained staff to assist with feeding and caring for the residents.

If someone you loved has suffered from an accident caused by an obstructed breathing tube, it is important to contact a nursing abuse attorney right away.

Why Are Tracheotomy Tubes Needed

A tracheotomy tube, or a breathing tube, is used to assist with providing oxygen for the resident. It is inserted into the trachea through a small cut in the neck and acts as a patient’s life support. The need for a tracheotomy can be used for a number of different reasons and conditions affecting the lungs.  The main functions of a tracheal breathing tube are:

• To relieve mechanical airway obstruction
• To permit easy access for secretion removal
• To protect the airway from aspiration due to impaired cough and gag reflexes
• To provide mechanical ventilation

Hazards of an Obstructed Breathing Tubes

A clogged breathing tube can have dire consequences.  If a breathing tube is obstructed with either food or bodily secretions, then the pathway oxygen is also blocked.  Being unable to breath and decreased oxygen levels for even a brief period of time can result in permanent brain damage, stroke and in certain instances, even death.  Other risks include respirational pneumonia, which is usually due to food or other substances getting into the lungs creating an infection often leading to death.  When a nurse of aide is unable to spend sufficient time in assisting with eating and drinking it is possible for the food and liquids to be either lodged in the tracheal tube or the resident’s airway and lungs.

An obstructed breathing tube is not the only complication surrounding tracheotomy tubes.  If the tubes are not properly maintained and cleaned, then there could be a risk of infection.  It is important that the nursing staff is adequately trained and use sterile technique to minimize this risk.

It is the responsibility of the nursing home to ensure that a resident receives quality care at the highest level practicable.  The nursing home resident and their tracheotmy tube must be properly monitored by the nursing staff and adequate care must be provided.  All residents will require different and particular care needs when it monitoring of their respiratory system.  This will depend on the hydration, humidity, infection and nutrition of the patient as well as the patient’s ability to cough and the patient’s level of competence.  No matter how much care a resident requires, the nursing home is responsible the necessary care or transferring the residnet to a facility that is capable of providing the care and treatment.

Nursing homes across Minnesota have an obligation to comply with minimum care standards established by state and federal regulations.   Many times injuries occurring to residents of Minnesota nursing homes, assisted living and other types of elder care facilities is due to a corporate organization which is focused on maximizing profits at the expense of safety.   Many asphyxiation and trachiotomy tube incidents resulting in serious injury or deaths could have been prevented with increased numbers of attentive and well qualified staff providing additional supervision.

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.

Minnesota Rule 4658.0105 mandates that a nursing home must ensure that direct care staff is 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.

Federal regulation 42 CFR §483.25 (h) establishes a duty for the nursing home to ensure that the resident receives adequate supervision and assistive devices to prevent accidents:

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.

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 respirational pneumonia, dislodged or clogged trachitomy tube incidents in nursing homes due to inadequate staffing and training.

Contact Us For A Free Consultation

If someone you love has been seriously affected by an obstructed breathing tube, or by other nursing home neglect such as respiratory pneumonia, call for a free consultation explaining how you can hold the facility accountable.  No patient deserves this type of nursing home neglect. Attorney Kenneth LaBore has years representing the victim of nursing home abuse and neglect Contact Mr. LaBore for a free consultation with no fee unless there is a recovery from the wrongdoer, call locally at 612-743-9048 or by email at KlaBore@MNnursinghomeneglec.com.

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