Posts Tagged ‘Elder Abuse and Neglect’

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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

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

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

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

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 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.

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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Coon Rapids Nursing Home Abuse Lawyers

Written By: Kenneth LaBore | Published On: 6th February 2017 | Category: Elder Physical Abuse, Nursing Home Abuse and Neglect, Sexual Abuse, Wrongful Death | RSS Feed

Coon Rapids Nursing Home Abuse Lawyers Kenneth LaBore and Suzanne Scheller

Coon Rapids Nursing Home Abuse Lawyers

Attorneys Kenneth LaBore, Esq. and Suzanne Scheller, Esq. have separate firms but work together on many serious injury elder abuse and neglect and wrongful death cases splitting the contingent fee at no additional expense to the client. Neither attorney is paid unless they win a verdict or get a settlement offered by the wrongdoer. Nursing home neglect and abuse cases are complicated claims and often involve allegations which require expert witness support and use of wrongful death statutes. Mr. LaBore and Ms. Scheller only handle cases with very serious injury, assault or death. They work hard to get accountability from facilities and to ensure as much as possible that policy and procedure and other changes including training are made to protect residents still in the facility.

We represent clients and their families throughout the state of Minnesota and will come to meet with you if you are unable to meet in one of our offices.

Coon Rapids Nursing Home Abuse Lawyers – Providers

To find a nursing home provider in Minnesota you can check the Minnesota Department of Health website for information on licensure of potential facilities, finding a facility, including complaint history, state survey reports, resident bill of rights, Minnesota Nursing Home Report Card, CMS Medicare Five Star Rating system under Nursing Home Compare and more information related to nursing home and elder care providers.

To check for the updated list of providers in Minneapolis see Minnesota Department of Health Provider lookup.

For more information on selecting a nursing home see Choosing a Facility.

Coon Rapids Nursing Home Abuse Lawyers – Facilities in Coon Rapids

We can investigate and handle cases against these Coon Rapids facilities as well as others in Anoka County and throughout the state of Minnesota:

Name: CAMILIA ROSE CARE CENTER LLC
Address: 11800 XEON BOULEVARD
COON RAPIDS, MN 55448
Phone: 763-755-8400 Fax: 763-755-8578
Administrator: MR. MARK BROMAN
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 80)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 80)

Name: PARK RIVER ESTATES CARE CENTER
Address: 9899 AVOCET STREET NW
COON RAPIDS, MN 55433
Phone: 763-757-2320 Fax: 763-757-6946
Administrator: MR. THOMAS POLLOCK
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 99)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 99)

For more information about nursing home facility MDH Complaints see “facilities”.

For more information about nursing home nursing home Medicaid Survey inspection findings see “survey findings”.

Coon Rapids Nursing Home Abuse Lawyers – Report Suspected Abuse

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 physical or 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.

The Minnesota Department of Health MDH, Office of Health Facility Complaints, OHFC, protects the identity of the person making the complaint and the mistreated patient or resident. Serious questions of health or safety are investigated within two business days.

Coon Rapids Nursing Home Abuse Lawyers Kenneth LaBore and Suzanne Scheller

If you have concerns about nursing home or assisted living elder abuse and neglect injuries and you are interested in a free consultation to discuss your case call Kenneth LaBore at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com. Mr. LaBore can also be reached at 1-888-452-6569. If the elder neglect and abuse case is accepted you would have two lawyers fighting for accountability on your behalf.

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Bloomington Nursing Home Abuse Lawyers

Written By: Kenneth LaBore | Published On: 6th February 2017 | Category: Nursing Home Abuse and Neglect, Wrongful Death | RSS Feed

Bloomington Nursing Home Abuse Lawyers Kenneth LaBore and Suzanne Scheller

Bloomington Nursing Home Abuse Lawyers

We represent clients and their families throughout the state of Minnesota and will come to meet with you if you are unable to meet in one of our offices.

Bloomington Nursing Home Abuse Lawyers – Providers

To check for the updated list of providers in Minneapolis see Minnesota Department of Health Provider lookup.

For more information on selecting a nursing home see Choosing a Facility.

Bloomington Nursing Home Abuse Lawyers – Facilities in Bloomington

We can investigate and handle cases against these Bloomington facilities as well as others in Hennepin County and throughout the state of Minnesota:

Name: FRIENDSHIP VLGE OF BLOOMINGTON
Address: 8100 HIGHWOOD DRIVE
BLOOMINGTON,  MN  55438
Phone: 952-831-7500   Fax: 952-830-9893
Administrator: MS. JENNIFER BEVER
Minnesota Licensed Bed Capacity: (Boarding Care Home Beds = 53)   (Nursing Home Beds = 66)
Federally Certified Beds: (Medicare Skilled Nursing Facility Beds = 66)

Name: GOLDEN LIVINGCENTER BLOOMINGTN
Address: 9200 NICOLLET AVENUE S
BLOOMINGTON, MN 55420
Phone: 952-881-8676 Fax: 952-881-1050
Administrator: MS. EMILY JENKINS
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 76)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 76)

Name: MARTIN LUTHER CARE CENTER
Address: 1401 E 100TH STREET
BLOOMINGTON, MN 55425
Phone: 952-888-7751 Fax: 952-698-3966
Administrator: MS. JODY BARNEY
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 137)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 137)

Name: MINNESOTA MASONIC HOME CARE CT
Address: 11501 MASONIC HOME DRIVE
BLOOMINGTON, MN 55437
Phone: 952-948-7000 Fax: 952-948-7970
Administrator: MS. CONSTANCE ANDERSON
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 214)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 214)

Name: PRESB HOMES OF BLOOMINGTON
Address: 9889 PENN AVENUE S
BLOOMINGTON, MN 55431
Phone: 952-948-3000 Fax: 952-948-3002
Administrator: MS. REBECCA BALLARD
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 98)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 98)

For more information about nursing home facility MDH Complaints see “facilities”.

For more information about nursing home nursing home Medicaid Survey inspection findings see “survey findings”.

Bloomington Nursing Home Abuse Lawyers – Report Suspected Abuse

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

Bloomington Nursing Home Abuse Lawyers Kenneth LaBore and Suzanne Scheller

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Rochester Nursing Home Abuse Lawyers

Written By: Kenneth LaBore | Published On: 6th February 2017 | Category: Elder Physical Abuse, Nursing Home Abuse and Neglect, Sexual Abuse, Wrongful Death | RSS Feed

Rochester Nursing Home Abuse Lawyers Kenneth LaBore and Suzanne Scheller

Rochester Nursing Home Abuse Lawyers

We represent clients and their families throughout the state of Minnesota and will come to meet with you if you are unable to meet in one of our offices.

Rochester Nursing Home Abuse Lawyers – Providers

To check for the updated list of providers in Minneapolis see Minnesota Department of Health Provider lookup.

For more information on selecting a nursing home see Choosing a Facility.

Rochester Nursing Home Abuse Lawyers – Facilities in Rochester

We can investigate and handle cases against these Rochester facilities as well as others in Olmstead County and throughout the state of Minnesota:

Name: CHARTER HOUSE
Address: 211 SECOND STREET NW
ROCHESTER, MN 55901
Phone: 507-266-7373 Fax: 507-266-6827
Administrator: MS. CARA TRACY
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 32)
Federally Certified Beds: (Medicare Skilled Nursing Facility Beds = 32)

Name: GOLDEN LIVINGCENTER ROCH EAST
Address: 501 EIGHTH AVENUE SE
ROCHESTER, MN 55904
Phone: 507-288-6514 Fax: 507-288-6686
Administrator: MR. JON RICHARDSON
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 116)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 116)

Name: GOLDEN LIVINGCNTR ROCHESTER W
Address: 2215 HIGHWAY 52 NORTH
ROCHESTER, MN 55901
Phone: 507-288-1818 Fax: 507-288-5502
Administrator: MS. TIANNA BECHLY
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 54)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 54)

Name: MADONNA TOWERS OF ROCHESTER IN
Address: 4001 19TH AVENUE NW
ROCHESTER,  MN  55901
Phone: 507-288-3911   Fax: 507-288-0393
Administrator: MS BETH REDALEN
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 62)
Federally Certified Beds: (Medicare Skilled Nursing Facility Beds = 2)   (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 60)

Name: MAPLE MANOR NURSING & REHAB LL
Address: 1875 19TH STREET NW
ROCHESTER, MN 55901
Phone: 507-282-9449 Fax: 507-282-4780
Administrator: MS. MARGARET HOLM
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 81)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 81)

Name: ROCHESTER REHAB & LIVING CTR
Address: 1900 BALLINGTON BOULEVARD NW
ROCHESTER, MN 55901
Phone: 507-535-2000 Fax: 507-535-2001
Administrator: MS. DENA OTTO
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 56)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 56)

Name: SAMARITAN BETHANY HM ON EIGHTH
Address: 24 8TH STREET NW
ROCHESTER, MN 55901
Phone: 507-289-4031 Fax: 507-289-6001
Administrator: MS. KYLA JACOBS
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 155)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 155)

For more information about nursing home facility MDH Complaints see “facilities”.

For more information about nursing home nursing home Medicaid Survey report findings see “survey findings”.

Rochester Nursing Home Abuse Lawyers – Report Suspected Abuse

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

Rochester Nursing Home Abuse Lawyers Kenneth LaBore and Suzanne Scheller

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Nursing Home Injuries

Written By: Kenneth LaBore | Published On: 5th February 2017 | Category: Bed Sores and Pressure Ulcers, Failure to Resond to Change in Condition, Fall Injuries, Hoyer Lift, Medication Drug Error, Nursing Home Abuse and Neglect, Patient Lift, Sexual Abuse, Wrongful Death | RSS Feed

Minnesota Abuse and Neglect Nursing Home Injuries

Minnesota Nursing Home Injuries

There are many ways that residents suffer nursing home injuries, many are falls, being dropped from lifts or injured in transfer, falls from the toilet or in the shower, fall from bed or out of a wheelchair. Since the way that many injuries happen is foreseeable the facility has an obligation to analysis and assess the risks to each resident and take reasonable measures and interventions to protect them from preventable accident situations.

Pursuant to federal and state regulations nursing homes have an obligation to keep their residents safe. They are considered vulnerable adults by legal definition since they are staying in a nursing home facility.

According to 42 CFR 483.25, nursing homes must take efforts to prevent accidents which would include falls, medication errors, or any other way you could be injured such as through the use of oxygen, smoking, scalding burns, urinary tract infections, pressure wounds and others set out in the statute.

Common Types of Nursing Home Injuries

Here are some summaries on various topics related to nursing home falls and fractures, pressure sores and other nursing home injuries:

Patient Lift Injuries

Wrongful Death from Falls

Fractures from Falls

Falls from Wheelchairs

Falls in Bathroom

Falls in Shower

Falls from Bed

Nursing Home Neglect Fractures

Bedsore Stages

Pressure Injury Stages

Pressure Sore Injury

Pressure Injuries

Nursing Home Fall Injuries Lawyer

If you or someone you love is in a skilled nursing facility or nursing home and the victim of abuse or neglect injuries contact Attorney Kenneth LaBore for a free consultation to discuss the fall or injuries and he does not charge a fee unless there is a verdict or settlement offer with the wrongdoer. Call Kenneth LaBore at 612-743-9048 or toll free at 1-888-452-6589 or send an email to 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

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

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.

(b) Areas of required training include:

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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Pressure Sore Stages

Written By: Kenneth LaBore | Published On: 3rd February 2017 | Category: Bed Sores and Pressure Ulcers, Patient Lift | RSS Feed

Pressure Sore Stages NPUAP Stage 5, Deep Tissue Pressure Injury

Pressure Sore Stages

Pressure sores stages are categorized into four key stages depending on their age, size, depth and severity. The National Pressure Ulcer Advisory Panel, a professional organization that promotes the prevention and treatment of pressure ulcers, defines each stage.

According to the Mayo Clinic, for people who use a wheelchair, pressure sores often occur on skin over the following sites:

Tailbone or buttocks
Shoulder blades and spine
Backs of arms and legs where they rest against the chair

For people who are confined to a bed, common sites include the following:

Back or sides of the head
Rim of the ears
Shoulders or shoulder blades
Hip, lower back or tailbone
Heels, ankles and skin behind the knees

Pressure Sore Stages

According to WebMD, pressure sores (bed sores) are an injury to the skin and underlying tissue. They can range from mild reddening of the skin to severe tissue damage-and sometimes infection-that extends into muscle and bone. Pressure sores are described in four stages:

Stage 1 sores are not open wounds. The skin may be painful, but it has no breaks or tears. The skin appears reddened and does not blanch (lose color briefly when you press your finger on it and then remove your finger). In a dark-skinned person, the area may appear to be a different color than the surrounding skin, but it may not look red. Skin temperature is often warmer. And the stage 1 sore can feel either firmer or softer than the area around it.

At stage 2, the skin breaks open, wears away, or forms an ulcer, which is usually tender and painful. The sore expands into deeper layers of the skin. It can look like a scrape (abrasion), blister, or a shallow crater in the skin. Sometimes this stage looks like a blister filled with clear fluid. At this stage, some skin may be damaged beyond repair or may die.

During stage 3, the sore gets worse and extends into the tissue beneath the skin, forming a small crater. Fat may show in the sore, but not muscle, tendon, or bone.

At stage 4, the pressure sore is very deep, reaching into muscle and bone and causing extensive damage. Damage to deeper tissues, tendons, and joints may occur.

In stages 3 and 4 there may be little or no pain due to significant tissue damage. Serious complications, such as infection of the bone (osteomyelitis) or blood (sepsis), can occur if pressure sores progress.

Sometimes a pressure sore does not fit into one of these stages. In some cases, a deep pressure sore is suspected but cannot be confirmed. When there isn’t an open wound but the tissues beneath the surface have been damaged, the sore is called a deep tissue injury (DTI). The area of skin may look purple or dark red, or there may be a blood-filled blister. If you or your doctor suspect a pressure sore, the area is treated as though a pressure sore has formed.

There are also pressure sores that are “unstageable,” meaning that the stage is not clear. In these cases, the base of the sore is covered by a thick layer of other tissue and pus that may be yellow, gray, green, brown, or black. The doctor cannot see the base of the sore to determine the stage.

Pressure Sore Stages Neglect Attorney

If you have questions about 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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Bedsore Injury

Written By: Kenneth LaBore | Published On: 3rd February 2017 | Category: Bed Sores and Pressure Ulcers, Failure to Resond to Change in Condition, Nursing Home Abuse and Neglect, Pressure Ulcers | RSS Feed

Nursing Home Bedsore Injury is Preventable

Bedsore Injury Injuries Are Preventable

Bedsore injury is preventable with proper care and treatment and sufficient staff at nursing homes and other elder care facilities to ensure that residents who need assistance are turned and repositioned at least every two hours to assure that they do not have long periods of time without pressure relief. There are several points of the body that are more prone to bed sore pressure ulcers, including the back of the head, shoulder, buttocks, coccyx, and back of heels.

Bedsore Injury Stages

According to the Mayo Clinic, bedsores fall into one of four stages based on their severity. The National Pressure Ulcer Advisory Panel, a professional organization that promotes the prevention and treatment of pressure ulcers, defines each stage as follows:

Stage 1

The beginning stage of a pressure sore has the following characteristics:

The skin is not broken.
The skin appears red on people with lighter skin color, and the skin doesn’t briefly lighten (blanch) when touched.
On people with darker skin, the skin may show discoloration, and it doesn’t blanch when touched.
The site may be tender, painful, firm, soft, warm or cool compared with the surrounding skin.

Stage 2

At stage 2:

The outer layer of skin (epidermis) and part of the underlying layer of skin (dermis) is damaged or lost.
The wound may be shallow and pinkish or red.
The wound may look like a fluid-filled blister or a ruptured blister.

Stage 3

At stage 3, the ulcer is a deep wound:

The loss of skin usually exposes some fat.
The ulcer looks crater-like.
The bottom of the wound may have some yellowish dead tissue.
The damage may extend beyond the primary wound below layers of healthy skin.

Stage IV

A stage IV ulcer shows large-scale loss of tissue:

The wound may expose muscle, bone or tendons.
The bottom of the wound likely contains dead tissue that’s yellowish or dark and crusty.
The damage often extends beyond the primary wound below layers of healthy skin.

Unstageable

A pressure ulcer is considered unstageable if its surface is covered with yellow, brown, black or dead tissue. It’s not possible to see how deep the wound is.

Deep tissue injury

A deep tissue injury may have the following characteristics:

The skin is purple or maroon but the skin is not broken.
A blood-filled blister is present.
The area is painful, firm or mushy.
The area is warm or cool compared with the surrounding skin.
In people with darker skin, a shiny patch or a change in skin tone may develop.

Bedsore Injury Skin Care

Residents must receive necessary skin care to help prevent pressure and bedsore injury. According to Minnesota Administrative Rule 4658.0520, Subpart (2)(B), clean skin and freedom from offensive odors. A bathing plan must be part of each resident’s plan of care. A resident whose condition requires that the resident remain in bed must be given a complete bath at least every other day and more often as indicated. An incontinent resident must be checked at least every two hours, and must receive perineal care following each episode of incontinence. Clean linens or clothing must be provided promptly each time the bed or clothing is soiled. Perineal care includes the washing and drying of the perineal area. Pads or diapers must be used to keep the bed dry and for the resident’s comfort. Special attention must be given to the skin to prevent irritation. Rubber, plastic, or other types of protectors must be kept clean, be completely covered, and not come in direct contact with the resident. Soiled linen and clothing must be removed immediately from resident areas to prevent odors.

Bedsore Injury Must Be Reported

According to Minnesota Statute 144.7065, 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 requires the reporting to the Commissioner of the Department of Health, stage 3 or 4 or unstageable ulcers acquired after admission to a facility, excluding progression from stage 2 to stage 3 if stage 2 was recognized upon admission.