Posts Tagged ‘Elder Abuse and Neglect’


The Commons on Marice Cited – Failed to Protect Client

Written By: Kenneth LaBore | Published On: 3rd February 2019 | Category: Elder Physical Abuse | RSS Feed
Unknown Perpetrator Causes Serious Injury to Vagina of Client of The Commons on Marice in Eagan
Unknown Perpetrator Causes Serious Injury to Vagina of Client of The Commons on Marice in Eagan

MDH Cites The Commons on Marice after Client Requires Vaginal Repair from Injury from Unknown Perpetrator

In a report from the Minnesota Department of Health it is alleged that a client at The Commons on Maurice was abused when the alleged perpetrator (AP) (Unknown) caused multiple lacerations and bruises to the vaginal area and left labia minora resulting in a laceration repair.

Failure to Maintain Client’s Safety – Client Required Hospitalization

Neglect was substantiated. The facility failed to provide services to maintain the client’s safety and physical self. The client was not checked per care-planned safety checks and physical staff. The client was not checked per care-planned safety checks and sustained a significant injury of unknown origin to the labia requiring hospitalization and surgical repair. Multiple bruising on the trunk, lower back, arms, and legs of varying size, shape and age were also identified.

The Commons on Marice was also cited for Neglect by the MDH for neglect of health care failure to notify physician.

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 providers involves a failure to properly care for and monitor vulnerable clients. 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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Methodist Walker Westwood Cited for Neglect after Restraining Resident

Written By: Kenneth LaBore | Published On: 19th January 2019 | Category: Nursing Home Abuse and Neglect | RSS Feed
Walker Methodist Westwood Ridge Cited for Neglect after Resident was Restrained - Failure to Follow Care Plan
Walker Methodist Westwood Ridge Cited for Neglect after Resident was Restrained – Failure to Follow Care Plan

MDH Cites Methodist Walker Westwood Ridge after Neglect – Restraints

In a report from the Minnesota Department of Health it is alleged that a client at Walker Methodist Westwood Ridge when the alleged perpetrator (AP) placed the client’s call button out of reach, unplugged the reclining chair, leaving it reclined; and shut the door. The client was fearful and calling out for help.

Failure to Follow Care Plan Leads to MDH Complaint at Walker Methodist Westwood Ridge

Neglect was substantiated. The facility was responsible for the maltreatment. While attempting to follow the client’s care plan, the alleged perpetrator (AP) unreasonably confined the client when she left the client lying flat in an electric recliner, unplugged it from the wall, and removed the client’s call light. The client was unable reposition himself or press his call light for staff’s assistance. The client became panicked and screamed for help.

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

There was another MDH Substantiated Neglect Finding at Walker Methodist Westwood Ridge neglect concerning medication administration.

A common form of neglect in elder care facilities involves 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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Trinity Care Center Cited with Neglect for Failing to Provide CPR

Written By: Kenneth LaBore | Published On: 19th January 2019 | Category: Failure to Provide CPR, Uncategorized | RSS Feed
Failure to Provide Needed CPR – Neglect Substantiated – Trinity Care Center

MDH Cites Trinity Care Center after Failing to Provide CPR for Resident in Distress

In a report from the Minnesota Department of Health it is alleged that a client at Trinity Care Center was neglected when the alleged perpetrator failed to act on the resident’s full code status, which resulted in the resident having a respiratory/cardiac event and passing away.

Trinity Care Center Failed to Provide Needed CPR – Cited for Neglect

Neglect was substantiated. The AP was responsible for the maltreatment. The AP failed to check the resident’s code status and initiate emergency services when the resident went unresponsive, was not breathing, and became pulseless.

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

There was another MDH Substantiated Neglect Finding for medication theft at Trinity Care Center.

A common form of neglect in elder care facilities involves 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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Bickford of Maplewood Cited by MDH after Abuse – Restraint

Written By: Kenneth LaBore | Published On: 19th January 2019 | Category: Inadequate Staffing/Training | RSS Feed

MDH Cites Bickford of Maplewood for Use of Restraints

In a report from the Minnesota Department of Health it is alleged that a client at Bickford at Bickford at Maplewood was abused when the facility staff members physically restrained the client. Facility staff members propped a mattress upright in a horizontal position and used it as a barricade next to the client’s bed. Facility staff members then placed the client’s wheelchair in a locked position on the opposite side of the mattress to ensure the mattress remained in a place and the client was restrained in bed.

Department of Health Finds Abuse for Restraining Client at Bickford of Maplewood

Neglect was substantiated. The facility was responsible when they failed to train and supervise unlicensed staff members who repeatedly placed a mattress in front of the client’s bed, kept in place by the client’s locked wheelchair, as a physical restraint.

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 adequate supervision and monitoring to keep residents safe. Using any form of a restraint without strict orders and limits is neglect and abuse. 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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Suzy Scheller Awarded MSBA Elder Advocacy Award

Written By: Kenneth LaBore | Published On: 14th January 2019 | Category: Abuse and Neglect Attorney, Uncategorized | RSS Feed
Attorney Suzy Scheller, Esq. was Awarded the Mary Alice Gooderl MSBA Advocacy Award. Suzy Scheller and Kenneth LaBore Work Together to Get Accountability for Victims of Elder Abuse and Neglect and Represent Families Throughout the State.

The 2018 Mary Alice Gooderl Award from MSBA goes to Attorney Scheller

I am proud to announce that my colleague Suzy Scheller from Scheller Legal Solutions, LLC was awarded the prestigious Mary Alice Gooderl Award this year from the Minnesota State Bar Association – MSBA. The award is given due to Ms. Scheller’s work on elder abuse and neglect advocacy issues including the Minnesota Governor’s Committee on same.

Well Deserved Mary Alice Gooderl Award Given to Suzy Scheller for Her Work on Elder Advocacy

I am proud to work with Suzy Scheller on all my elder abuse and neglect cases. We each have our own firm and share the normal legal fees. The client gets 2 experienced attorneys working directly on their behalf. Together we work hard to get results for our clients.

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

Most forms of elder abuse are preventable with proper care and supervision. Advocate for seniors and vulnerable adults.

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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Sugar Loaf Senior Living Cited after Fight Between Residents

Written By: Kenneth LaBore | Published On: 13th January 2019 | Category: Elder Physical Abuse, Uncategorized | RSS Feed
Minnesota Department of Health Cites Sugar Loaf Senior Living after Residents have Altercation Resulting in Injuries

MDH Cites Sugar Loaf Senior Living for Failing to Supervise Residents

In a report from the Minnesota Department of Health it is alleged that a client at Sugar Loaf Senior Living was neglected when the facility failed to provide appropriate supervision, as well as failed to maintain a client’s safety that resulted in an altercation between two clients (Client #1 & Client #2). One client (Client #1) experienced fractured ribs on the left side, a swollen wrist, and a cut on his finger.

Failure to Monitor Residents Leads to Altercation at Sugar Loaf Senior Living

Neglect was substantiated. Client #1 and Client #2 had exhibited escalating behaviors prior to their alteration. Client #1 sustained injuries during the altercation.

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 supervision or monitoring of residents which can result in many types of injuries including physical abuse. 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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A-1 Reliable Cited After Resident Elopes

Written By: Kenneth LaBore | Published On: 6th July 2018 | Category: Lost Resident Wandering Elopement, Patient Rights | RSS Feed

Resident at A1-Reliable Elopes

The Minnesota Department of Health has concluded that based on a preponderance of evidence, the allegation that a client was neglected at A-1 Reliable Home Care in St. Paul when the alleged perpetrator (AP) left the client unattended resulting in the client’s elopement is not substantiated but it was determined that abuse is substantiated.

Confined Resident Elopes from A-1 Reliable Home Care

The MDH investigation determined that the facility had confined Client #1 and Client #2 by restricting their ability to come and go from the facility without supervision, without any legal standing to do so, and without any documented reason to do so.

If you have concerns about elder abuse and neglect contact Attorney Kenneth LaBore for a Free Consultation at 1-888-452-6589

Maltreatment After Elopement A-1 Reliable Home Care

There are many common of forms of elder abuse and neglect often the result of a lack of qualified well trained staff to supervise and provide the necessary resident cares.

Most forms of elder abuse and neglect are preventable. If you are concerned about someone you love call Attorney Kenneth LaBore for a free consultation.

There are many types of ways someone can get injured in a care facility if they are not be cared for properly. Elopement or wandering can lead to many hazards including the possibility of death from freezing, burns, assaults, falls and others.

Attorney Kenneth LaBore from Guardian Legal Services, LLC has been representing victims of abuse, neglect and other injuries for decades. Our focus is on getting accountability for serious acts of maltreatment, abuse and preventable neglect.

Report Abuse and Neglect

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 physical abuse, financial exploitation 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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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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Red Wing Health Center Red Wing Neglect Substantiated

Written By: Kenneth LaBore | Published On: 1st March 2017 | Category: Failure to Resond to Change in Condition, Financial Exploitation, Pressure Ulcers | RSS Feed
Red Wing Health Center Cited After Failure to Provide Adequate Care to Resident
Red Wing Health Center Cited After Failure to Provide Adequate Care to Resident

In a report from the MDH a resident at Red Wing Health Center in Red Wing was neglected with the facility staff did not provide adequate care. The resident arrived in the emergency room in a febrile state, with low blood sugar, low blood pressure , the resident’s oxygen saturation level was low and respiratory rate was high.

Substantiated Allegation of Neglect at Red Wing Health Center After Resident Suffers From Unstageable Pressure Ulcers Stage III/IV Pressure Sores While at the Facility

Substantiated Allegation of Neglect at Red Wing Health Center After Resident Suffers From Unstageable Pressure Ulcers Stage III/IV Pressure Sores While at the Facility

Red Wing Health Center Resident Suffers from Pressure Sores

In a report dated January 23, 2017 the Minnesota Department of Health alleged that a resident at Red Wing Health Center in Red Wing was neglected when s/he developed several unstageable pressure ulcers and Stage III/IV pressure ulcers while s/he was at the facility.

Red Wing Health Center Substantiated Neglect Due to Pressure Ulcers

Based on a preponderance of the evidence, neglect occurred when facility staff failed to implement a resident’s designated care plan interventions to heal pressure ulcers and prevent new ulcers from developing.  Although facility nurses were aware that the resident was resisting the care plan interventions, facility nurses failed to address any alternative approaches for effective wound management.  The resident developed nine new pressure ulcers in four months, including several that became infected and exhibited serious characteristics such as tunneling with depth, exposing muscle and bone.  The resident was hospitalized twice in four months with sepsis from wound infections.

The resident was admitted to the facility from another long-term care facility at the end of April 2016.  At the time of admission, the resident had two pressure ulcers, an unstageable pressure ulcer on the sacrum (2.7 cm x 1.5 cm x .4 cm) and a Stage II pressure ulcer on the right heel (1.8 cm x 1 cm).  The resident has complete paraplegia and multiple sclerosis.  The resident is unable to move his/her legs and has limited use of his/her arms.  The resident can use an electric wheelchair independently which the resident propels with a joy stick.  The resident is alert and oriented.

The resident had an alternating air mattress on his/her bed and a pressure redistributing cushion in the electric wheelchair.  Staff were supposed to turn and re-position the resident every two hours and offload the resident hourly per the resident’s care plan, but these interventions were not carried out.  There was no planned turning or re-positioning schedule for pressure redistribution and staff did not offer to turn or reposition the resident unless the resident requested it.  The resident was expected to offload him/herself by reclining the backrest of the wheelchair, but the frequency of offloading was not monitored by staff.  The nursing assistant care guides regarding the resident’s daily care tasks were void of any interventions aimed at wound management, including turning, re-positioning, or offloading the resident.  Nurses did not provide adequate oversight of the resident’s daily care by nursing assistants or the resident’s daily needs to heal wounds and prevent new wounds from developing.

Although staff stated that the resident consistently refused wound management interventions, there was no evidence that staff evaluated the inadequacy of interventions of assessed the resident’s individualized needs for alternative interventions.  At the end of June 2016, the resident was hospitalized with sepsis due to a sacral wound infection.  The sacral pressure ulcer had deteriorated to Stage IV with exposed muscle and Stage II pressure ulcer on the right hip (10 cm in diameter), a Stage II pressure ulcer on the left hip (6 cm in diameter), a Stage II pressure ulcer on the left ischium (2 cm x 2 cm), and a Stage II pressure ulcer on the right ischium (2 cm x 2 cm).

After the resident returned to the facility from the hospital, there was no evidence that staff re-evaluated the resident’s care plan interventions to determine modifications necessary for wound management and skin integrity.  There was no evidence that staff initiated structured care interventions, including possible behavioral strategies, to promote wound healing and prevent new skin breakdown.

In mid-September 2016, the resident was hospitalized again with sepsis due to wound infections.  On hospital admission, the resident had eleven pressure ulcers.  Four of eleven pressure ulcers had grossly deteriorated.  The sacral pressure ulcer (12 cm x 10 cm) was unstageable with purulent foul drainage and macerated edges.  The left hip pressure ulcer was unstageable (9 cm x 7 cm) with purulent foul drainage.  The right hip pressure ulcer had deteriorated to Stage IV (12 cm x 12 cm 1.5 cm) with bone felt at the bottom of the wound bed.  The right ischium pressure ulcer had deteriorated to Stage IV (6 cm 5 cm 6 cm) with muscle exposed.  The resident also had seven additional pressure ulcers, including Stage III pressure ulcer on the left lateral ankle (3.5 cm x 2.0 cm), five pressure ulcers classified as unstageable on the right posterior shoulder (5.0 cm x 4.0 cm), the right heel (2.0 cm x 2.0 cm x 2.5 cm), the left heel (2.2 cm x 1.2 cm), the left lateral foot (1.0 cm x 1.5 cm), the right medical ankle (1.3 cm 0.7 cm), and a Stage I pressure ulcer on the right lateral ankle.  The resident was hospitalized for eight days due to the seriousness of the wounds.

After the resident returned to the facility from the hospital, there was no evidence that staff re-evaluated the resident’s care approaches or made any changes in the resident’s daily care routine.  At the time of the onsite investigation, staff were not turning, repositioning, or offloading the resident and the Nurse Manager of the resident’s until did not know how many wounds the resident had, what the condition of the resident’s wounds were, or what the care plan interventions were to heal the resident’s wounds and prevent new wounds from developing.

Red Wing Health Center – Report 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.

Hold Negligent Providers Like Red Wing Health Center Accountable

Attorney Kenneth LaBore has handled many preventable serious and fatal burn injuries, many due to the failure to follow safety policies and procedures related to oxygen use and smoking.    Burns can also happen from scalding water, heaters and electric pads and blankets and other ways.

If you have concerns about pressure sore injuries or 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.

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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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Physical Abuse by Staff

Physical Abuse by Staff Heritage House of Milaca Minnesota

Heritage House of Milaca Complaint Findings for Exploitation

In a report concluded on January 31, 2011, the Minnesota Department of Health cites Heritage House of Milaca for exploitation by staff.

The allegation is abused based on the following:  Employee (A), alleged perpetrator (AP) grabbed Client #1’s wrist causing bruising on Client #1’s hand and wrist.

Substantiated Complaint Against Heritage House of Milaca

According to the National Center on Elder Abuse, elder abuse is a growing problem. While we don’t know all of the details about why abuse occurs or how to stop its spread, we do know that help is available for victims. Concerned people, like you, can spot the warning signs of a possible problem, and make a call for help if an elder is in need of assistance.

•Physical Abuse
•Sexual Abuse
•Emotional or Psychological Abuse
•Neglect
•Abandonment
•Financial or Material Exploitation
•Self-neglect

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 financial exploitation 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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Wheelchair Injury Fall

Wheelchair Injury Fall Red Wing Health Center Red Wing Minnesota

Red Wing Health Center Cited for Abuse – Exploitation – Drug Diversion

In a report dated February 4, 2016, the Minnesota Department of Health cited Red Wing Health Center alleged that a resident was financially exploited when a staff, alleged perpetrator (AP) took a resident’s pain medication for his/her own personal use.

Based on a preponderance of the evidence financial exploitation did occur when the alleged perpetrator (AP) took 39 oxycodone (a narcotic) tablets from the resident for his/her own personal use over a period of approximately a month.

Red Wing Health Center Red Wing Complaint Findings for Neglect – Falls

In a report concluded on April 26, 2012, the Minnesota Department of Health cites Red Wing Health Center Red Wing for neglect of health care -falls.

The allegation is neglect based on the following: Resident #1 had a fall, with serious injuries, when Employee (J)/Alleged Perpetrator (AP) placed Resident #1 in the wrong wheelchair, which did not have a pressure alarm or self-release seat belt.

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, financial exploitation 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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Prairiewood Home Alexandria Abuse of Client

Written By: Kenneth LaBore | Published On: 26th February 2017 | Category: Verbal Abuse | RSS Feed

Substantiated Abuse Allegations Against Prairiewood Home Alexandria After Resident is Yelled at and Locked in Room

Substantiated Abuse Allegations Against Prairiewood Home Alexandria After Resident is Yelled at and Locked in Room

Prairiewood Home Alexandria Abuse of Client

In a report dated January 26, 2017, the Minnesota Department of Health alleged that a client at Prairiewood Home Alexandria was abused when the alleged perpetrator (AP) yelled at the client and pried the client’s legs apart to do cares. The AP told the client to go the to client’s room and the AP locked the door by jamming a butter knife in the molding to prevent the client from getting out of the room.

Prairiewood Home Alexandria Client Restrained Abuse Substantiated

Based on a preponderance of the evidence, abuse occurred when the alleged perpetrator (AP) yelled at the client, struggled with the client, and secluded the client.

The client’s diagnosis includes severe developmental disability.  The client independently completes the majority of his/her activities of daily living with staff cues.  The client required staff assistance with medication administration and application of a treatment cream to the client’s groin.  The care plan indicated staff were to provide the client one short and specific prompt assist the client to his/her room, use distractions such as music, and provide positive reinforcement with interactions.  For treatment refusals, the care plan directed staff to approach the client again at a later time.  When an interview was attempted, the client not verbalize specific information about the incidents.

During an evening shift, the facility had three staff scheduled to assist the clients.  Staff #1 and Staff #2 observed the client refuse to allow the AP to apply a treatment cream to the client’s groin.  The client put his/her legs together firmly and verbally refused the treatment.  The AP proceeded to try to pry the client’s legs apart with force to apply the cream.  The client responded by saying no.  Both staff and the AP continued to attempt to pry the client’s legs apart for about two minutes despite the client’s refusal.  There was no documentation of an injury to the client from the treatment.

According to Staff #1, around 7:30 p.m., the AP told the client to go to his/her room.  Once the client entered the room, the AP shut the door and placed a knife between the door molding and the door, preventing the client from leaving the room.  The client banged on the door for about ten minutes.  Staff #1  said after thirty minutes, the AP removed the knife from the door, but s/he did not open the door to check on the client.  Staff #1 reported that the AP “yelled” at the client, when s/he repeated the same phrases over and over that evening.  Staff #1 said s/he did not stop the AP or immediately report the AP’s actions because the AP is his/her friend.

According to Staff #2, s/he came into the hallway, after being in another client’s room, and saw the knife in the client’s door frame.  S/he knew it prevented the client from leaving the room.  According to Staff #2, s/he did not hear the client banging on the door, but saw the knife in the door frame for about ten minutes.

When interviewed, the AP denied the allegations.  S/he said the client grabbed the AP’s hand tightly and refused to let go during the groin treatment.  The AP was only insisting the client let go of his/her hand.  The AP admitted putting a knife between the door molding and the door, which prevented the client from leaving the room.  The AP said the knife in place for only a few minutes but admitted it was the wrong thing to do.

An interview with the program director established the AP was suspended and would no longer be working at the facility after the investigation.

Prairiewood Home Alexandria 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 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.

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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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Augustana HCC of Apple Valley Allegations of Neglect After Resident Fall From Lift

Written By: Kenneth LaBore | Published On: 7th February 2017 | Category: Fall Injuries, Financial Exploitation, Hoyer Lift, Patient Lift | RSS Feed

 

Fall from Patient Lift Leads to Femur Fracture at Augustana Healthcare Center of Apple Valley

Fall from Patient Lift Leads to Femur Fracture at Augustana Healthcare Center of Apple Valley

Resident at Augustana HCC Apple Valley Suffers Fractured Femur After Fall From Lift

According to a report from the Minnesota Department of Health, dated January 17, 2017, it is alleged that a client at Augustana HCC of Apple Valley was neglected when the facility staff failed to safely transfer a resident using a lift.  The resident had a fall and was hospitalized with a right femur fracture.

Substantiated Neglect Against Augustana HCC Apple Valley After Fall

Based on the preponderance of evidence, neglect occurred when the alleged perpetrator (AP) incorrectly transferred the resident using a standing lift.  The resident fell, sustained a right femur fracture and required surgery.

The resident was cognitively intact and able to direct his/her own cares.  The resident’s care plan directed staff to transfer the resident with a standing lift and the assistance of one staff.  Manufacturer’s instruction for the standing lift indicated leg straps were to be used for resident safety with the standing lift.

Approximately two months prior to the fall, a physical therapist evaluated the resident, because the resident was refusing the use the abdominal harness of the standing lift due to difficulty breathing.  The physical therapist educated the resident that all the buckles, abdominal and leg, were to be strapped when using the standing lift and the resident agreed.  During the interviews, three staff members indicated the resident refused the leg straps and told staff s/he could stand better without using the leg straps.  However, if staff members were firm and told the resident leg straps were required during the transfer, the resident would comply.  The facility policy on the standing lift equipment indicated to keep the residents feet on the footplate and secure the shin straps around the resident’s leg and calf area.

The AP was interviewed.  On the morning of the fall, the resident put on the call light to use the toilet.  The AP entered the resident’s room and placed the resident on the standing lift.  The resident refused the leg straps.  The AP told the resident the leg straps needed to be applied for safety, but the resident still refused the leg straps.  The AP requested assistance from a nurse.

After five minutes, the resident’s need to use the toilet was urgent and there was no response to the call for assistance.  The AP transferred the resident to the toilet.  After toileting, during the transfer from the standing lift to the wheelchair, the resident’s foot slipped off the platform.  The resident slipped down in the lift approximately one foot off the floor and was lowered to the floor.

The resident had pain in his/her right hip and requested an X-ray revealed an incomplete fracture of the mid-right femur.  The resident has hospitalized and had hip surgery, which was complicated by acute respiratory failure related to his/her chronic respiratory difficulties.  The resident returned to the facility thirteen days later, but was readmitted to the hospital that same day for respiratory distress.  The resident returned to the facility four days later on hospice care and died the next day.

The resident’s primary physician was interviewed and explained that the anesthesia from the surgery worsened the resident’s already chronic respiratory conditions.

The death certificate indicated the resident died eighteen days after the fall.  The immediate cause of death was listed as complications related to immobility due to the right hip fracture from the fall.

If you have questions about falls from patient lifts or other types of elder abuse call Kenneth LaBore for a free consultation at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

 

Augustana HCC of Apple Valley Financial Exploitation

Augustana HCC of Apple Valley Financial Exploitation By Staff Member

Investigation of Financial Exploitation at Augustana HCC of Apple Valley

According to a report dated November 20, 2015, Augustana HCC of Apple Valley had an allegation that a resident was financially exploited when a staff, alleged perpetrator (AP) made multiple unauthorized charges to resident’s credit card.

Substantiated  Exploitation by Staff at Augustana HCC of Apple Valley

Based on a preponderance of evidence financial exploitation occurred, when the alleged perpetrator (AP) took the resident’s credit card, used it to make purchases for his/her own personal use and without the resident’s permission or knowledge.

The resident was admitted to the facility for short term rehabilitation after hospitalization.  Review of the resident’s record indicated that the resident was moderately impaired in her/her cognition but was able to make his/her daily decisions and needs known.

Document review and interviews revealed that a police officer reported to the facility staff that the resident had unauthorized charges that were made on her/his credit card while the resident  at the facility.  Through their investigation the police were able to determine that the unauthorized charges were made over a three day period between the hours of 7:00 a.m. and 9:00 a.m. in Walmart, Cub Foods, and a Shell gas station, all stores located in the Apple Valley area.  The video surveillance footage provided by Walmart store showed an individual wearing scrubs using the resident’s credit card to make purchases on one of three different occasions that the resident’s credit card was used in Walmart.  The police showed the facility staff the video and facility staff positively identified the individual in the video as AP.

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 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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