Posts Tagged ‘Elder Abuse’

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Assisted Living Assault

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

Minnesota Assisted Living Assault

Minnesota Assisted Living Assault

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

Despite the fact that many assisted living care providers charge more for a room and care than a nursing home there is a trade off you are getting a nicer room and usually newer more luxurious dining room and other areas but there very little training required to be a staff member in the facility.

According to Minnesota Statute 144G.03, Subd. 2, assisted living shall be provided or made available only to individuals residing in a registered housing with services establishment. Except as expressly stated in this chapter, a person or entity offering assisted living may define the available services and may offer assisted living to all or some of the residents of a housing with services establishment. The services that comprise assisted living may be provided or made available directly by a housing with services establishment or by persons or entities with which the housing with services establishment has made arrangements.

(b) A person or entity entitled to use the phrase “assisted living,” according to section 144G.02, subdivision 1, shall do so only with respect to a housing with services establishment, or a service, service package, or program available within a housing with services establishment that, at a minimum:

(1) provides or makes available health-related services under a home care license. At a minimum, health-related services must include:

(i) assistance with self-administration of medication, medication management, or medication administration as defined in section 144A.43; and

(ii) assistance with at least three of the following seven activities of daily living: bathing, dressing, grooming, eating, transferring, continence care, and toileting.

All health-related services shall be provided in a manner that complies with applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285;

(2) provides necessary assessments of the physical and cognitive needs of assisted living clients by a registered nurse, as required by applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285;

(3) has and maintains a system for delegation of health care activities to unlicensed personnel by a registered nurse, including supervision and evaluation of the delegated activities as required by applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285;

(4) provides staff access to an on-call registered nurse 24 hours per day, seven days per week;

(5) has and maintains a system to check on each assisted living client at least daily;

(6) provides a means for assisted living clients to request assistance for health and safety needs 24 hours per day, seven days per week, from the establishment or a person or entity with which the establishment has made arrangements;

(7) has a person or persons available 24 hours per day, seven days per week, who is responsible for responding to the requests of assisted living clients for assistance with health or safety needs, who shall be:

(i) awake;

(ii) located in the same building, in an attached building, or on a contiguous campus with the housing with services establishment in order to respond within a reasonable amount of time;

(iii) capable of communicating with assisted living clients;

(iv) capable of recognizing the need for assistance;

(v) capable of providing either the assistance required or summoning the appropriate assistance; and

(vi) capable of following directions;

(8) offers to provide or make available at least the following supportive services to assisted living clients:

(i) two meals per day;

(ii) weekly housekeeping;

(iii) weekly laundry service;

(iv) upon the request of the client, reasonable assistance with arranging for transportation to medical and social services appointments, and the name of or other identifying information about the person or persons responsible for providing this assistance;

(v) upon the request of the client, reasonable assistance with accessing community resources and social services available in the community, and the name of or other identifying information about the person or persons responsible for providing this assistance; and

(vi) periodic opportunities for socialization; and

(9) makes available to all prospective and current assisted living clients information consistent with the uniform format and the required components adopted by the commissioner under section 144G.06. This information must be made available beginning no later than six months after the commissioner makes the uniform format and required components available to providers according to section 144G.06.

Assisted Living Assault by Other Residents

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

Assisted Living  Assault by Staff Members

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

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

Assisted Living Sexual Assault Reporting

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

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

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

Assisted Living Assault Attorney

If you have questions about physical abuse or assualt in a assisted living facility or other elder provider or nursing home or other elder abuse and neglect issues contact Kenneth LaBore for a free consultation.  There is no fee unless there is a verdict or settlement offer from the wrongdoer.  Mr. LaBore can be reached directly at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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Assisted Living Sexual Assault

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

Assisted Living Sexual Assault

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

Despite the fact that many assisted living care providers charge more for a room and care than a nursing home there is a trade off you are getting a nicer room and usually newer more luxurious dining room and other areas but there very little training required to be a staff member in the facility.

According to Minnesota Statute 144G.03, Subd. 2, assisted living shall be provided or made available only to individuals residing in a registered housing with services establishment. Except as expressly stated in this chapter, a person or entity offering assisted living may define the available services and may offer assisted living to all or some of the residents of a housing with services establishment. The services that comprise assisted living may be provided or made available directly by a housing with services establishment or by persons or entities with which the housing with services establishment has made arrangements.

(b) A person or entity entitled to use the phrase “assisted living,” according to section 144G.02, subdivision 1, shall do so only with respect to a housing with services establishment, or a service, service package, or program available within a housing with services establishment that, at a minimum:

(1) provides or makes available health-related services under a home care license. At a minimum, health-related services must include:

(i) assistance with self-administration of medication, medication management, or medication administration as defined in section 144A.43; and

(ii) assistance with at least three of the following seven activities of daily living: bathing, dressing, grooming, eating, transferring, continence care, and toileting.

All health-related services shall be provided in a manner that complies with applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285;

(2) provides necessary assessments of the physical and cognitive needs of assisted living clients by a registered nurse, as required by applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285;

(3) has and maintains a system for delegation of health care activities to unlicensed personnel by a registered nurse, including supervision and evaluation of the delegated activities as required by applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285;

(4) provides staff access to an on-call registered nurse 24 hours per day, seven days per week;

(5) has and maintains a system to check on each assisted living client at least daily;

(6) provides a means for assisted living clients to request assistance for health and safety needs 24 hours per day, seven days per week, from the establishment or a person or entity with which the establishment has made arrangements;

(7) has a person or persons available 24 hours per day, seven days per week, who is responsible for responding to the requests of assisted living clients for assistance with health or safety needs, who shall be:

(i) awake;

(ii) located in the same building, in an attached building, or on a contiguous campus with the housing with services establishment in order to respond within a reasonable amount of time;

(iii) capable of communicating with assisted living clients;

(iv) capable of recognizing the need for assistance;

(v) capable of providing either the assistance required or summoning the appropriate assistance; and

(vi) capable of following directions;

(8) offers to provide or make available at least the following supportive services to assisted living clients:

(i) two meals per day;

(ii) weekly housekeeping;

(iii) weekly laundry service;

(iv) upon the request of the client, reasonable assistance with arranging for transportation to medical and social services appointments, and the name of or other identifying information about the person or persons responsible for providing this assistance;

(v) upon the request of the client, reasonable assistance with accessing community resources and social services available in the community, and the name of or other identifying information about the person or persons responsible for providing this assistance; and

(vi) periodic opportunities for socialization; and

(9) makes available to all prospective and current assisted living clients information consistent with the uniform format and the required components adopted by the commissioner under section 144G.06. This information must be made available beginning no later than six months after the commissioner makes the uniform format and required components available to providers according to section 144G.06.

Assisted Living Sexual Assault by Other Residents

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

Assisted Living Sexual Assault by Staff Members

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

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

Assisted Living Sexual Assault Reporting

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

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

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

If you have questions about sexual abuse in a assisted living facility or other elder provider or nursing home or other elder abuse and neglect issues contact Kenneth LaBore for a free consultation.  There is no fee unless there is a verdict or settlement offer from the wrongdoer.  Mr. LaBore can be reached directly at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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Definition of Vulnerable Adult “Abuse” in Minnesota

Written By: Kenneth LaBore | Published On: 8th January 2017 | Category: Elder Physical Abuse, Nursing Home Abuse and Neglect, Sexual Abuse, Verbal Abuse | RSS Feed
Minnesota Elder Abuse and Neglect Definition Vulnerable Adults Act

Minnesota Elder Abuse and Neglect Definition From The Vulnerable Adults Act

“Abuse” Defined by Statute

Pursuant to Minnesota Statute 626.5772, Subd. 2.,”abuse” means, (a) An act against a vulnerable adult that constitutes a violation of, an attempt to violate, or aiding and abetting a violation of:

(1) assault in the first through fifth degrees as defined in sections 609.221 to 609.224;

(2) the use of drugs to injure or facilitate crime as defined in section 609.235;

(3) the solicitation, inducement, and promotion of prostitution as defined in section 609.322; and

(4) criminal sexual conduct in the first through fifth degrees as defined in sections 609.342 to 609.3451.
A violation includes any action that meets the elements of the crime, regardless of whether there is a criminal proceeding or conviction.

(b) Conduct which is not an accident or therapeutic conduct as defined in this section, which produces or could reasonably be expected to produce physical pain or injury or emotional distress including, but not limited to, the following:

(1) hitting, slapping, kicking, pinching, biting, or corporal punishment of a vulnerable adult;

(2) use of repeated or malicious oral, written, or gestured language toward a vulnerable adult or the treatment of a vulnerable adult which would be considered by a reasonable person to be disparaging, derogatory, humiliating, harassing, or threatening;

(3) use of any aversive or deprivation procedure, unreasonable confinement, or involuntary seclusion, including the forced separation of the vulnerable adult from other persons against the will of the vulnerable adult or the legal representative of the vulnerable adult; and

(4) use of any aversive or deprivation procedures for persons with developmental disabilities or related conditions not authorized under section 245.825.

(c) Any sexual contact or penetration as defined in section 609.341, between a facility staff person or a person providing services in the facility and a resident, patient, or client of that facility.

(d) The act of forcing, compelling, coercing, or enticing a vulnerable adult against the vulnerable adult’s will to perform services for the advantage of another.

(e) For purposes of this section, a vulnerable adult is not abused for the sole reason that the vulnerable adult or a person with authority to make health care decisions for the vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C or 252A, or section 253B.03 or 524.5-313, refuses consent or withdraws consent, consistent with that authority and within the boundary of reasonable medical practice, to any therapeutic conduct, including any care, service, or procedure to diagnose, maintain, or treat the physical or mental condition of the vulnerable adult or, where permitted under law, to provide nutrition and hydration parenterally or through intubation. This paragraph does not enlarge or diminish rights otherwise held under law by:

(1) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an involved family member, to consent to or refuse consent for therapeutic conduct; or

(2) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct.

(f) For purposes of this section, a vulnerable adult is not abused for the sole reason that the vulnerable adult, a person with authority to make health care decisions for the vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of medical care, provided that this is consistent with the prior practice or belief of the vulnerable adult or with the expressed intentions of the vulnerable adult.

(g) For purposes of this section, a vulnerable adult is not abused for the sole reason that the vulnerable adult, who is not impaired in judgment or capacity by mental or emotional dysfunction or undue influence, engages in consensual sexual contact with:

(1) a person, including a facility staff person, when a consensual sexual personal relationship existed prior to the caregiving relationship; or

(2) a personal care attendant, regardless of whether the consensual sexual personal relationship existed prior to the caregiving relationship.

If you have any questions about reporting concerns or any type of nursing home abuse or neglect call Attorney Kenneth LaBore for a free consultation at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.

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Adrian Care Center Cited With Neglect After Abuse to Resident

Written By: Kenneth LaBore | Published On: 6th January 2017 | Category: Nursing Home Abuse and Neglect, Patient Rights | RSS Feed
A Resident at Adrain Care Center was the Victim of Abuse by Staff Member

A Resident at Adrain Care Center was the Victim of Abuse by Staff Member

Resident Abused at Adrian Care Center

In a report from the Minnesota Department of Health dated August 8, 2016, it was alleged that a resident at Adrian Care Center in Adrian Minnesota was abused by a staff alleged perpetrator (AP) when the AP treated the resident in a humiliating manner, writing on the resident’s forehead with a permanent marker.

MDH Substantiated Abuse at Adrian Care Center

As stated in the report, based on the preponderance of evidence abuse occurred when the alleged perpetrator (AP) wrote with a black marker the word “please” on the resident’s forehead.  The humiliating treatment was administered as a consequence for the resident failing to say please during a request for transfer.

The resident had diagnoses that included cardiovascular disease and diabetes.  The resident was alert and oriented to person and place with some difficulty remembering time.  The resident required total staff assistance with all activities of daily living (ADL) skills.  The resident required an assistance of two staff when transferring.

The resident requested to be transferred from a wheelchair to a recliner.  The AP and another nursing assistant helped the resident.  The AP told the resident to say “please” and if the resident did not say please, the AP would write please on the resident’s forehead so that the resident would not forget to do so the next time.  After the transfer, both the AP and other nursing assistant left the room.  The AP obtained a permanent market and returned to the resident’s room.  The AP wrote the word “please” on the resident’s forehead with a black permanent marker.  Later the AP returned and removed the permanent marker with some type of chemical.

The resident was interviewed and remembered the AP writing a word on his/her forehead.  The resident said that the AP did return at some point and removed the word with some sort of chemical.  The resident recalled being concerned about the chemical the AP used, because the resident said s/he has only one good eye.

The facility terminated the AP from his/her employment following the incident.

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 any questions about nursing home abuse call Attorney Kenneth LaBore for a free consultation at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.

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Springhill Vadnais Heights Abuse Substantiated

Written By: Kenneth LaBore | Published On: 9th April 2015 | Category: Nursing Home Abuse and Neglect | RSS Feed
Emotional Abuse by Staff

Emotional Abuse by Staff, Springhill Vadnais Heights Complaint for Emotional Abuse of Resident

Springhill Vadnais Heights Complaint Findings for Emotional Abuse

In a report concluded on August 3, 2012, the Minnesota Department of Health cites Springhill Vadnais Heights for emotional abuse by staff activities.

The preponderance of evidence indicates abuse is substantiated.  AP#1 abused Client #3 when she used a prohibited restraint procedure, a modified locked time out, on Client #3.  AP#1 repeatedly pulled client #3’s bedroom door shut when he was displaying behaviors and attempting to leave his bedroom.  AP#1 failed to intervene related to the client’s behaviors and attempts to leave his bedroom.

Substantiated Neglect Springhill Vadnais Heights Emotional Abuse

According to CrimesAgainstOlderAdultsBucks.org, Emotional elder abuse is a verbal or nonverbal act that inflicts emotional pain, anguish, or distress on an older adult. It is sometimes also known as verbal abuse, mental abuse, or psychological abuse.

Emotional elder abuse is almost always accompanied by another form of abuse, such as physical abuse. Emotional abuse of the elderly can range from a simple verbal insult to an extreme form of verbal punishment.

The following are examples of emotional abuse:

•Ignoring the elder
•Isolating an elderly person from family, friends, or regular activities
•Habitual scapegoating or blaming
•Harassment, name-calling, cursing, humiliating, insulting, or ridiculing
•Threatening to punish or deprive, intimidating
•Treating an elder like an infant
•Using extreme or bizarre forms of punishment, such as confinement to a closet or dark room, tying to a chair for long periods of time, or terrorizing
•Yelling or screaming

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 emotional abuse 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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The Three Most Common Types of Elder Abuse in Twin Cities Nursing Homes

Written By: Kenneth LaBore | Published On: 23rd October 2014 | Category: Elder Physical Abuse, Financial Exploitation, Sexual Abuse, Verbal Abuse | RSS Feed
Financial Abuse is One of Three Most Common Forms of Elder Abuse in Minnesota

Financial Abuse is One of Three Most Common Forms of Elder Abuse in Minnesota

List of Arguably the Three Most Prevalent Forms of Elder Abuse

Elder abuse occurs in nursing homes in the Twin Cities and all around Minnesota, here are perhaps three most common types. While Minnesota has one of the best reputations when it comes to its nursing homes, that doesn’t mean the abuse and neglect doesn’t exist.

Because of the fact that there are cases reported in Minnesota and throughout the Twin Cities, this has led to an examination of the three most common types of abuse that occur within nursing homes.

Some types of abuse are obvious and other types are not so obvious. The three most common types of elder abuse are:

Physical Abuse

Physical abuse is the most common of the three, as it is commonly experienced by nursing home patients in some way. This type of abuse entails physical beatings, sexual assault, forced ingestion of medication or food, and rough handling. Physical abuse can also be the direct result of neglect, which happens when the nursing home staff doesn’t clothe or feed a patient, protect the patient from safety or health hazards, or assist with personal hygiene.

Financial Abuse

It has been found a number of times that nursing home staff may also financially abuse patients. Of course, not all do this. However, there are some employed with nursing homes that will resort to this. Nursing home staff members have been found to coerce patients into giving them money or even naming them in their will. Some of the common signs of financial abuse include frequent bank account withdrawals, personal property loss, new mortgage contracts or loans, and recent revisions to estate planning documents.

Mental Abuse

When a patient is emotionally or verbally mistreated, this is considered mental abuse. Humiliation, insults, or threats fall into this category. Mental abuse can also include situations where the nursing home denies a patient their right to personal choice, such as when the patient wants to eat or get out of bed. Mental abuse can also come in the form of forced isolation and verbal intimidation.

So What Causes These Three Most Types of Abuse?

Nursing homes have a tendency to be understaffed and the working conditions can be stressful. The training may also not be up to par. Sometimes an individual hired by a nursing home is simply deceptive and will do anything to get money in the case the abuse is financial abuse. Other times, the employees are overworked and they burn out because of this fact. They lose their empathy and their patience with the patients, leading to them making some very serious errors.

Research has found that the chance of this abuse increasing within a facility is rather high with dementia patients and the number of staff available to take care of them. This is especially true when staff members are being asked to work double shifts. But even with double shifts, the staff can respond appropriately to difficult situations if they have the right kind of training. This is especially true when dealing with physically combative residents.

Report the Three Most Prevalent Forms of Abuse – Physical – Financial – Mental

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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CRE Infection in Nursing Homes

Written By: Kenneth LaBore | Published On: 13th April 2013 | Category: Caregivers Resources, Infectious Diseases (MRSA, C-Diff), Nursing Home Abuse and Neglect, Nursing Home Care Issues | RSS Feed

CRE Infection in Nursing Homes

CRE  – Carbapenem-resistant Enterobacteriaceae is a new high risk infectious disease.  According to Wikipedia: Carbapenem-resistant enterobacteriaceae (CRE), a CRE Infection is a family of gram-negative bacterium that are nearly immune to the carbapenem class of antibiotics, considered the “drug of last resort” for such infections. Death rates of up to 50%[1] can be seen in patients with CRE Sepsis, a rate much higher than other resistant infections such as MRSA or Clostridium difficile.

PHIL Image 14555

According to the Centers for Disease Control, CRE was first detected in a North Carolina hospital in 2001. Since that time, it has been identified in health care facilities in 41 other states. Studies showed that 3% of patients in Chicago-area ICUs carried CRE.[2] The same data indicated a 30% infection rate in long-term care facilities (e.g. nursing homes), though not all patients are symptomatic. During just the first half of 2012, almost 200 hospitals and long-term acute care facilities treated at least one patient infected with these bacteria.[1] There is no billing code for CRE under Medicare or Medicaid, making it difficult to track on a national level in the U.S.

According to the CDC – CRE Infections Prevention

Healthy people usually do not get CRE infections.  In healthcare settings, CRE infections most commonly occur among patients who are receiving treatment for other conditions. Patients whose care requires devices like ventilators (breathing machines), urinary (bladder) catheters, or intravenous (vein) catheters, and patients who are taking long courses of certain antibiotics are most at risk for CRE infections.

Frequently Asked Questions About CRE Infection – Source CDC

CRE Tool Kit from CDC

If you or a loved one has suffered an injury from Staph, C Diff, MRSA, VRE, CRE or any other infectious disease or other neglect or abuse in a nursing home or other care facility that serves the elderly in Minnesota please contact  Attorney Kenneth L. LaBore, directly please send an email to KLaBore@mnnursinghomeneglect.com, or call Ken at 612-743-9048 or call him at his direct toll free number 1-888-452-6589.

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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

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

 

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Delay in Answering Call Light – Leading to Fall(s) in Minnesota Nursing Home

Written By: Kenneth LaBore | Published On: 16th February 2013 | Category: Caregivers Resources, Facilities - Nursing Homes, Fall Injuries, Nursing Home Abuse and Neglect, Nursing Home Care Issues | RSS Feed
Delay in Answering Call Lights

Delay in Answering Call Light Leads to Fall Injuries

Nursing Staff Delay in Answering Call Light in Nursing Homes Causes Fall Injuries

Delay in answering call light – the Albert Lea Good Samaritian society was cited by the Minnesota Department of Health for Neglect of Health Care – Falls when a resident who was at risk for falls had a fall in the early morning because his call light was not answered. Delay in answering call light is a common way that fall injuries occur, since residents often try ambulate without assistance and subsequently fall.

A Delay in Answering Call Light Can Lead to Preventable Injuries or Death

The MDH cites nursing home for delay in answering call light of residents. MDH Minnesota Department of Health Facility and Provider Compliance

NOTE: The following information about the facility and provider is provided by the MDH Website this blog is not a complete list of providers with Substantiated Complaints, the providers highlighted are generally those which focus on the care of disabled or elderly persons.

Pursuant to Minnesota Statute 626.5572, subd. 19; “Substantiated” means a preponderance of the evidence shows that an act that meets the definition of maltreatment, which is defined subdivision 15, as: means “abuse as defined in subdivision 2, neglect as defined in subdivision 17 or financial exploitation as defined by subdivision 9.”

Although, efforts are made to make accurate links and relayed information, these blogs are examples of neglect and other issues, please double check all information at: MDH Website

Questions regarding Inadequate Number of Staff Which Is Main Cause of Delay in Answering Call Lights:

  • How many nursing aides / Registered Nursing Assistants (RNA) were scheduled to work at time of incident?
  • How many nursing aides / RNAs were working on the floor?
  • What is your normal staff to patient/resident ratio on a shift?
  • Were there any temporary workers at time of incident?
  • Were any employees working an extra shift due to “sick leave” of other workers? Were all the sick leaves covered?
  • Any employees working a double shift?
  • Any special circumstances on the floor which required more staff on the date of the incident?

Accidents. The facility must ensure that—(2) Each resident receives adequate supervision and assistance devices to prevent accidents. (42 CFR § 483.25 (h))

If you or a loved one has suffered an injury from neglect or abuse in a nursing home or other care facility that serves the elderly in Minnesota please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact Attorney Kenneth L. LaBore, directly please send an email to KLaBore@MNnursinghomeneglect.com or call Ken at 612-743-9048.

This website is not intended to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation.

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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

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


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What to do When an Adverse Health Event Occurs

Written By: Kenneth LaBore | Published On: 30th November 2012 | Category: Bed Sores and Pressure Ulcers, Nursing Home Abuse and Neglect, Nursing Home Care Issues | RSS Feed
Information About When an Adverse Health Event Occurs in Hospital Setting

Information About When an Adverse Health Event Occurs in Hospital Setting

Minnesota Hospital Association has a webpage with Patient Safety Issues – When Adverse Health Event Occurs

Minnesota hospitals are committed to doing all they can to prevent avoidable mistakes and improve patient care. Minnesota hospitals have championed an important improvement in how we track and report the most serious medical errors. Initiated by the Minnesota Hospital Association and the Minnesota Department of Health and created through state legislation in 2003, our system is the first in the nation to be built on the National Quality Forum’s list of 28 reportable adverse health events (see below), including retained objects after surgery, serious medication errors, pressure ulcers and more.

Through hospital participation in the MHA Patient Safety Registry, hospitals report safety event and medical error information in order to share existing safeguards, identify common safety issues and facilitate new collaborative solutions among hospitals. Minnesota’s approach goes beyond reporting; hospitals gain access to valuable information including benchmark reports and key learnings and action steps from peer hospitals.

The Minnesota Department of Health and MHA produce an annual report of adverse events in Minnesota hospitals, ambulatory surgery centers and regional treatment centers. The state’s eighth public report on Adverse Health Events in Minnesota was released in January 2012.

Guidance for Adverse Health Care Event Reporting

The MHA Patient Safety Registry Advisory Council has been working with the Department of Health on addressing questions about definitions related to the adverse health event reporting law. Based on these discussions, MHA is offering these initial recommendations and guidance for AHE reporting. The purpose of these recommendations is to create more accurate and consistent reporting across organizations.

Template for Adverse Health Event Reporting Policy

This template can be used to develop a hospital policy for Adverse Health Care Event Reporting.

Adverse Health Care Event Billing Policy

In September 2008, Minnesota became the first state to announce a statewide approach to billing for care made necessary by an adverse event. MHA worked with hospitals and payers to develop recommendations and guidance for implementing the serious reportable AHE Event Billing Policy.

To contact Attorney Kenneth L. LaBore, directly please send an email to: KLaBore@MNnursinghomeneglect.com, or call Ken at 612-743-9048 or toll free at 1-888-452-6589.

Disclaimer

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

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

 

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Elder Neglect – Nursing Home Elder Abuse

Written By: Kenneth LaBore | Published On: 12th October 2012 | Category: Elder Physical Abuse, Nursing Home Abuse and Neglect, Nursing Home Care Issues | RSS Feed
Protect Vulnerable Adults - Nursing Home Elder Abuse

Protect Vulnerable Adults – Nursing Home Elder Abuse

Nursing Home Elder Abuse – A Growing Concern

Believe it or not, the elderly is amongst the most invisible and vulnerable victims of abuse. Verbal, sexual, and physical abuse are all types of abuse that some seniors are experiencing while in the care of nursing homes, assisted living facilities, and while in the care of home health professionals.  Nursing Home elder abuse is usually the result of poorly trained and staffed facilities.

Although these things happen, the elderly and vulnerable tend to not admit to the nursing home elder abuse. This is mainly due to fear of losing their caregiver, being forced to leave the facility or simply being embarrassed. These are individuals that come from a generation that does not recognize domestic abuse when it happens to them. They think it is something that only happens to the young.

Why Does Nursing Home Elder Abuse Happen?

The isolation that is involved can also make the different types of abuse hard to detect. Maybe the victim of nursing home elder abuse is not able to comprehend what is happening to them or communicate what is occurring.

Fortunately, more focus is being placed on elder abuse issues, including efforts within communities to raise awareness and advocate for victims. What is unfortunate is that the actions being taken against elder abuse are where domestic abuse was two decades ago.

The action being taken involves federal grants that provide outreach and training sessions that train employees in certain sectors to recognize signs of possible elder abuse. For instance, bank employees are being trained to recognize financial exploitation by caregivers. Law enforcement is also learning ways they can interview seniors and get answers.

Increased and more aggressive prosecution is also a tactic being used against Nursing Home Elder Abuse

The Minnesota Department of Human Services says that, as of August 7, 2012, there were 148 allegations of elder abuse or neglect against seniors age 65 and older in Clay County alone. That number included caregiver neglect, financial exploitation, sexual abuse, physical abuse, and emotional/mental abuse.

While it is less likely that elder abuse will occur in a nursing home or other facility, it can happen more often in the home setting. The abuse may be the result of caregivers snapping out of stress. Then there are those that become greedy and commit financial abuse. If a son or daughter is taking care of an elderly parent, they may retaliate if their parent abused them as a child. None of these reasons validate the abuse, however.  It has been found that verbal abuse can be the most devastating, especially if the elder is afraid or confused.

In the end, it does pay for the senior to be in an assisted living facility of some kind that can meet their needs. Because abuse happens in nursing homes and by other paid individuals, it should not be a deterrent to place a loved one in such a facility. It is best to be vigilant by learning about the nursing home’s record, ensuring they have a large enough status to accommodate the population, and to ensure they are equipped to meet the specific needs of your loved one.

Report Suspected Nursing Home Elder Abuse

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 financial exploitation 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.

Disclaimer

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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