Posts Tagged ‘Medical Error’


Triple Angels Healthcare Cottage Grove Neglect Substantiated by Department of Health

Written By: Kenneth LaBore | Published On: 25th January 2017 | Category: Nursing Home Abuse and Neglect | RSS Feed
Substantiated Allegations of Abuse to Wheelchair Bound Client at Triple Angels Healthcare in Cottage Grove Minnesota

Substantiated Allegations of Abuse to Wheelchair Bound Client at Triple Angels Healthcare in Cottage Grove Minnesota

Triple Angels Healthcare in Cottage Grove Cited By MDH

In a report from the Minnesota Department of Health, dated December 30, 2016, it is alleged that a client at Triple Angels Healthcare was physically abused when the alleged perpetrator (AP) restrained the client’s hands behind the wheelchair, pinning the client’s arms.  In addition, the client was emotionally abused when the AP left the client in a bathroom without assistance, although the client was yelling for help.

Abuse Substantiated at Triple Angels Healthcare

Based on a preponderance of the evidence, abuse occurred when the alleged perpetrator (AP) hit the client on the right arm, causing bruising, and unreasonably confined the client by positioning the client’s arms in a way that limited the client’s movement.

At the time of the incident, the client had received services from the home care provider for six weeks.  The client had a history of yelling and hitting staff.  The client was wheelchair bound but able to maneuver the wheelchair independently.  The client required supervision of one staff while in the community.

On the day of the incident, the client and the AP were at a medical clinic for an appointment.  When the appointment was completed, their return to transportation was delayed.

Due to the unforeseen delay, the client became agitated, yelling more frequently, and made repeated attempts to roll the wheelchair out of the building.  Witnesses described the AP as disengaged and annoyed by the client’s behavior.  The AP sat in the waiting area and, as necessary, got up and pulled the client’s wheelchair back to the building.

The client’s yelling of profanities caught the attention of another individual at the clinic.  This individual observed the AP hit the client on the right mid-arm area several times, heard the client say “Don’t you hit me!” and her the AP say I am going to lock you in the bathroom.”  The AP then pushed the client, in the wheelchair, down a hall.  The witness heard a door close and the sound of someone yelling “Help! Help!”  The witness walked down the hall to the direction of the voices, and saw the client sitting in a wheelchair outside of the bathroom with his/her arms in a position described by the witness as “jammed in the wheelchair so [s/he] could not move them.”  The client’s right upper arm was put behind him/her and positioned over the back of the right upper area of the wheelchair and tucked under the left wheelchair handle.  With the client’s arm incapacitated, s/he could no longer maneuver the wheelchair.  The client then asked the witness, “could you take my arms out please?”  The witness released the client’s arms from the wheelchair handles.

Another witness, a clinic employee, observed the AP grab one of the client’s arms, position it backwards and wedge it under one of the wheelchair handles.  The AP then rolled the client down a hallway in the wheelchair they were out of sight.  The clinic employee then heard the client yelling for help.

Three days after the incident, bruises on the client’s right arm and hand, as well as bruises on both upper arms, were still present.

The AP was interviewed, and denied hitting or restraining the client.  The AP acknowledged bringing the client to the bathroom to calm him/her down.  The AP said s/he left the bathroom for less than a minute to check to see if their transportation had arrived.

Neglect of Health Care

Neglect of Health Care at Triple Angels Healthcare Cottage Grove Minnesota

Triple Angels Healthcare Cottage Grove Complaint Findings for Neglect

In a report concluded on December 13, 2013, the Minnesota Department of Health cites Triple Angels Healthcare Cottage Grove for neglect of health care and supervision.

Note: The facility has requested a reconsideration of the maltreatment finding see the MDH website for the most current information.

Although the allegation is abuse occurred, the findings do not meet the definition of abuse.  Although abuse is not substantiated, based on a preponderance of the evidence, neglect is substantiated related to the licensee’s failure to provide the health care and supervision to maintain the client’s physical and mental health and safety.  The licensee failed to administer the client’s psychotropic medications for at least a month; failed to ensure staff did not cause bruising to the client when assisting the client; failed to provide the 1:1 supervision the client required and the client sustained a back eye.

It is alleged that the licensee failed to administer the client’s psychotropic medications for at least a month; failed to ensure staff did not cause bruising to client when assisting the client; failed to provide the 1:1 supervision the client required.

Interview with the registered nurse (RN) indicated that in two and one half months the client had resided at the facility, personal items had been removed from the client’s room because of the client’s behavior and for her safety.  The RN confirmed that the client had not been receiving her benztropine, clonazepam, clozapine and lamotrigine as prescribed.  The RN stated s/he had been trying to get the client an appointment to see a psychiatrist to reorder the client’s psychotropic medications to assist in treating the client’s mental illness.

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 medication errors, physical abuse or any other form of elder abuse or neglect contact Attorney Kenneth LaBore at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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Oak Terrace Senior Housing of Gaylord Cited After Medication Errors

Written By: Kenneth LaBore | Published On: 14th February 2016 | Category: Medication Administration Mistakes, Medication Drug Error | RSS Feed
Oak Terrace Senior Housing of Gaylord Cited by MDH After Medication Error Leads to Hospitalization of Resident

Oak Terrace Senior Housing of Gaylord Cited by MDH After Medication Error Leads to Hospitalization of Resident

Oak Terrace Senior Housing of Gaylord Cited by MDH After Resident Requires Hospitalization Due to Medication Errors

In a report concluded on May 26, 2015, the Minnesota Department of Health cites Oak Terrace Senior Housing of Gaylord alleging that a client was neglected when staff failed to administer medications ordered by his/her physician and the client became dehydrated and weak, developed high potassium and was hospitalized.

Findings from MDH Oak Terrace Senior Housing

The preponderance of the evidence established that neglect occurred when the facility did not provide the necessary care to maintain the client’s physical health.  Staff did not administer an anti-nausea medication to assist the client with symptoms of nausea/vomiting and the client required medical treatment at the hospital for dehydration.

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 medication errors or any other form of elder abuse or neglect contact Minnesota Elder Abuse Attorney Kenneth LaBore at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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REM Hennepin Minneapolis Neglect Substantiated

Written By: Kenneth LaBore | Published On: 6th April 2015 | Category: Caregivers Resources, Elder Physical Abuse | RSS Feed
Neglect of Supervision, Resident v Resident

Neglect of Supervision, Resident v Resident, REM Henneoin Minneapolis (Pillsbury)

REM Hennepin Minneapolis (Pillsbury) Complaint Findings for Neglect of Supervision

In a report concluded on April 5, 2011, the Minnesota Department of Health cites REM Hennepin Minneapolis for neglect of supervision – resident to resident.

The allegation is neglect of supervision based on the following information: Resident #1 is disruptive to other residents, especially to Resident #2.  Resident #2 shares a room with Resident #1.  Resident #1 is often screaming things.  The behavior agitates Resident #2 to the point that times she can not stay in her room and sometimes sleeps on the couch outside her room.  Resident #1 has also hit Resident #2, as well as another resident, Resident #3.

REM Hennepin Minneapolis Substantiated Complaint After Resident v Resident Incident

According to an article from ncbi.nlm.nih.gov, We define resident-to-resident aggression (RRA) in long-term care facilities as negative and aggressive physical, sexual, or verbal interactions between long term care residents, that in a community setting would likely be construed as unwelcome and have high potential to cause physical or psychological distress in the recipient. We believe that, although contextually different from community elder abuse in many ways, RRA also includes a similar spectrum of phenomena ranging from verbal altercation to physical and sexual violence (Lachs & Pillemer, 2004).

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, sexual 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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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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Hayes Residence St Paul Neglect Substantiated

Written By: Kenneth LaBore | Published On: 21st March 2015 | Category: Medication Drug Error | RSS Feed
Nursing Home Neglect Health Care Medications

Neglect Health Care Medications at Hayes Residence St Paul

Hayes Residence St Paul  Complaint Findings for Neglect – Medication

In a report concluded on December 17, 2013, the Minnesota Department of Health cites Hayes Residence St Paul  for neglect of health care – medications.

It is alleged that neglect of health care occurred when the facility failed to provide a resident medication, from the date of admission, causing side effects.

Based on a preponderance of the evidence, neglect is substantiated.  The facility did not ensure the resident received the psychotropic medication clozapine, as ordered by the resident’s physician or the lab work to monitor potential negative effects from the medication.

Clozapine requires blood testing for decreased white blood cells, a serious condition with the potential to affect the ability to fight infections.  Clozapine requires a “titration” or slow introduction that is ordered by the physician and must be adhered to for safety.

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 medication errors 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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Patient Painkillers Taken by Nurse at Minneapolis Nursing Home

Written By: Kenneth LaBore | Published On: 10th December 2014 | Category: Medication Administration Mistakes, Medication Drug Error, Patient Rights | RSS Feed
Pain Medication Theft

Pain Medication Theft, Pain Killers

Nurse is Accused of Stealing Pain Killers

A recent report by state investigators states that a nursing home nurse routinely removed powerful pain patches (pain killers) from patients, placed the patches on his tongue, and then placed the patches back on the backs of clients. It was found that the affected clients were those suffering from mental deficiencies, making it easy for the nurse to get away with the act.

Investigators with the Health Department said in their report that the licensed practical nurse (LPN) had stolen painkillers from 10 residents before being caught by another staff member in the spring of 2014. This led to police becoming involved and the employee was immediately fired.

The patches that were removed from patients were fentanyl patches and three residents of the nursing home were targeted.

When the patches were removed, he would keep them on his tongue for one hour before replacing the patches on the residents.

During questioning, the nurse did admit carrying out this act three to four times per week for at least a year.

The three patients were described as individuals that had severe cognitive defects that caused them to not be able to communicate what was happening or even communicate their needs. The report added that the health effects of temporary fentanyl patch removal could not be determined.

Other Painkillers Allegedly Taken By Nurse

In addition to removing fentanyl patches from patients, there was a roster of drugs that the nurse had taken. Investigators concluded that the nurse had also taken tramadol, Percocet, and Tylenol No. 3.

The taking of pain killers from nursing home residents by staffers is something that has been a problem for a while. Everyone from doctors to housekeeping is not immune to what a drug addiction can make them do. However, there have been cases throughout Minnesota where the patients have been placed in extreme danger because a nursing home worker went to great lengths to get a fix.

There have been cases where nurses or others have taken the contents of IV bags and replaced them with saline.

In another recent case, a nursing home worker with Hepatitis C caused patients in a nursing home to contract the disease because he would use needles intended for them. He would inject the contents of a syringe and then replace the contents with saline.

While this is an extreme case, the most common type of case occurs when a nursing home resident’s pills are stolen or pills are stolen from the nursing home itself. These are serious medication errors because taking pills from a patient can result in them not receiving the pain management that they need, causing them to be in more pain than they need to be. In other words, they can suffer and that can have a detrimental effect on their health, quality of life, and overall well-being.

Report Medication Theft – Drug Diversion – Painkillers

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 medication theft 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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CMS Launch of the Initiative to Reduce the Use of Antipsychotic Medications

Written By: Kenneth LaBore | Published On: 19th June 2012 | Category: Medication Administration Mistakes, Medication Drug Error, Nursing Home Care Issues, Patient Rights | RSS Feed
Use of Antipsychotic Medications in Nursing Homes

Use of Antipsychotic Medications in Nursing Homes Often Results in Over Medication of Residents

Nursing Home Neglect and Abuse – Antipsychotic Medications

Launch of the Initiative to Improve Behavioral Health and Reduce the Use of Antipsychotic Medications in Nursing Homes Residents.

According to the United States Center for Medicare and Medicaid Services (CMS), will launch a new initiative aimed at improving behavioral health and safeguarding nursing home residents from unnecessary antipsychotic drug use. As part of the initiative, CMS is developing a national action plan that will use a multidimensional approach including public reporting, raising public awareness, regulatory oversight, technical assistance/training and research. The action plan will be targeted at enhancing person-centered care for nursing home residents, particularly those with dementia-related behaviors.

More Information from CMS: Initiative to Improve Behavioral Health and Reduce the Use of Antipsychotic Medications in Nursing Homes Residents

Advice From Minnesota Nursing Home Abuse and Neglect Attorney Kenneth L. LaBore:

Medication Errors in Nursing Homes are far too common. The most common errors I see in my practice as a nursing home neglect and abuse attorney: over medication, medication given to wrong patients, medications given in the nursing home without proper prescription by doctor or nurse practitioner.

To participate in the Medicare and Medicaid programs, nursing homes must be in compliance with the federal requirements for long term care facilities as prescribed in the U.S. Code of Federal Regulations (42 CFR Part 483).

A nursing home must conduct an initial comprehensive and accurate assessment of each resident’s functional capacity. (42 CFR § 483.20). The facility must further develop a comprehensive care plan for each resident that includes measurable objectives and timetables to meet a resident’s medical, nursing, and mental and psychosocial needs that are identified in the comprehensive assessment. (42 CFR § 483.20 (k)) and Minnesota Rule 4658.0405, Subp. 1.

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.

If you or a loved one has suffered an injury from a medication error or omission or any other type of elder 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 for a Free Consultation, please send an email to klabore@mnnursinghomeneglect.com, or call Ken at 612-743-9048 or toll free at 1-888-452-6589.

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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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Antipsychotic Medication in Nursing Homes Questioned

Written By: Kenneth LaBore | Published On: 17th February 2010 | Category: Medication Administration Mistakes, Medication Drug Error, Nursing Home Care Issues | RSS Feed
Antipsychotic Medication in Nursing Homes

Antipsychotic Medication in Nursing Homes

The Use of Antipsychotic Medication in Nursing Homes

Antipsychotic Medication in Nursing Homes – According to an Article in Modern Medicine; Elderly patients newly admitted to nursing homes are more likely to be prescribed antipsychotics if the nursing home has a high prescribing rate for antipsychotics, according to a study in the Jan. 11 Archives of Internal Medicine. A related study determined that an FDA advisory on the use of atypical antipsychotics in elderly dementia patients resulted in decreased use.

The article goes on to state: Yong Chen, M.D., from the University of Massachusetts Medical School in Worcester, and colleagues assessed factors associated with antipsychotic prescribing in 16,586 newly admitted nursing home residents. They found that more than 29 percent of residents received at least one antipsychotic medication, even though 32 percent of them had no clinical indication for the medication. After adjusting for potential clinical indications, the likelihood of receiving medication was higher for residents in nursing homes with the highest antipsychotic prescribing rates than the lowest rates (risk ratio, 1.37).

More Information on the Use of Antipsychotic Medication in Nursing Homes

For the rest of the article see, Antipsychotic Use in Elderly, Prescribing Rates ExaminedFDA warning leads to decreased use of the drugs among elderly patients with dementia.

As an attorney that handles abuse and neglect cases most forms of neglect are preventable situations, including falls. Often the underlying reason for the falls and resulting serious injuries to elderly nursing home residents is a lack of adequately trained and supervised staff. Many times the nusing home attempts to reduce costs by replacing highly training RN nursing staff with less trained and lower paid LPNs.

Many times the resident is confused due to medication they are taking, or the onset of cognitive diseases such as Alzheimer’s and dementia. It is the nursing home’s duty to ensure the resident is adequately monitored by qualified staff to ensure their safety. Many times there are not enough staff members to respond to all the care needs of the residents and to monitor the safety alarms in place to protect residents from falls.

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.

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 call Kenneth LaBore 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.

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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