Posts Tagged ‘Nursing Home Abuse’

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Minnesota Nursing Home Abuse Lawyers

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

Minnesota Nursing Home Abuse Lawyers Kenneth LaBore and Suzanne Scheller

Minnesota 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.

Minnesota 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 reportsresident 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.

Minnesota Nursing Home Abuse Lawyers – MDH Complaints

To investigate a particular facility for issues of past substantiated complaints of abuse and neglect for violations and state and federal regulations designed to protect vulnerable adults see researching nursing home MDH Complaints.

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

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

Minnesota 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.

Minnesota 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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Minnesota Nursing Home Regulations

Written By: Kenneth LaBore | Published On: 20th January 2017 | Category: Caregivers Resources, Nursing Home Abuse and Neglect | RSS Feed
Minnesota Nursing Home Regulations

Minnesota Nursing Home Regulations

Minnesota Nursing Home Regulations

In addition to federal regulations for nursing homes and long term care facilities there are also Minnesota Nursing Home Regulations designed to protect residents and set minimum standards for care, services, supervision and treatments.

Health & Supportive Services

Nursing Homes – Minn. Stat. §§ 144A.01-.37; Minn. R. 4658 et al

Veteran’s Homes – Minn. Stat. §§ 198 et al; Minn. R. 9050 et al

Boarding Care Homes – Minn. Stat. §§ 144.50-144.56; Minn. R. 4655 et al

Home Care Licensure Law – Minn. Stat. § 144A.43-.48; Minn. R. 4668

Housing with Services Establishment Act – Minn. Stat. § 144D

Assisted Living Services – Minn. Stat. § 144G

Memory Care – Minn. Stat. §§ 144.6503; 144D.065; 144A.45, Subd. 5; and 245A.04, Subd. 12

Patient Rights

Assisted Living Bill of Rights Addendum– Minn. Stat. § 144A.441

Health Care Bill of Rights – Minn. Stat. § 144.651

Home Care Bill of Rights – Minn. Stat. § 144A.44

Hospice Bill of Rights – Minn. Stat. § 144A.751

Maltreatment of Minors Act – Minn. Stat. § 626.556

Minnesota Human Rights Act – Minn. Stat. § 363A

Vulnerable Adults Act – Minn. Stat. § 626.557 -.5573

Employee Regulation

Nurse Practice Act – Minn. Stat. §§ 148.171148.285

Criminal Background Study – Minn. Stat. §§ 144.057 & 245C et al

Advertising

Assisted Living Title Protection – Minn. Stat. § 144G.01-.02

Attorney General responsibility related to Prevention of Consumer Fraud – Minn. Stat. § 8.31

Consumer Fraud Act (Senior Citizens & Disabled Persons) – Minn. Stat. § 325F.71

Disclosure of Special Care Status for Memory Care – Minn. Stat. § 325F.72

False Statement in Advertisement – Minn. Stat. § 325F.67

Housing

Landlord Tenant Law – Minn. Stat. § 504B

Building and Fire Codes(See i.e. Construction Codes and Licensing – Minn. Stat. § 326B)

Common Interest Community and Cooperative Laws – Minn. Stat. § 515B

Payment

Medical Assistance for Needy Persons – Minn. Stat. § 256B

Additional Minnesota Nursing Home Regulations and Information

Choosing a Nursing Home

Selecting an Elder Care Facility

Minnesota Department of Health Complaints Against Nursing Home

Special Focus Facility Nursing Homes

Medicare & Medicaid Quality of Care Surveys

Nursing Home Abuse

Nursing Home Neglect

Reporting Nursing Home Abuse and Neglect

Nursing Home Resident Rights

Federal Nursing Home Resident Right Regulations

Rights for Nursing Home Residents

Definition of Vulnerable Adult

Federal Requirements and Nursing Home Regulations

Nursing Home Facilities with Substantiated Neglect

Nursing Home Abuse and Neglect Injuries

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, 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.

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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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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Good Samaritan Society Warren on Special Focus Facility List

Written By: Kenneth LaBore | Published On: 7th January 2017 | Category: Facilities - Nursing Homes, Fall Injuries | RSS Feed
Deficiencies at Good Samaritan Society Warren Place Them on CMS Medicare Medicaid Special Focus Facility List

Deficiencies at Good Samaritan Society Warren Place Them on CMS Medicare Medicaid Special Focus Facility List

Good Samaritan Society Warren Deficiencies in Survey Results Leads to Placement on Special Focus Facility Initiative List

Name: GOOD SAM SOCIETY WARREN
Address: 410 SOUTH MCKINLEY STREET
WARREN,  MN  56762
Phone: 218-745-5282   Fax: 218-745-6434
Administrator: MS. JULIE BERNAT
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 45)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 45)

Survey Results from Good Samaritan Society Warren

Results from a survey dated June 22, 2016, indicated that Good Samaritan Society Warren had deficiencies which were severe enough to place them on dubious CMS Medicare & Medicaid list of special focus facility list of nursing homes with high numbers of serious deficiencies.

Under federal FTag, F 241, 42 CFR 483.15(a), the facility must promote care for residents in a manner and in an environment that maintains or enhances each resident’s dignity and respect in full recognition of his or her individually.

The MDH determined the at FTag F 241, was not met as evidenced in this observation, interview and document review, the facility failed to provide a dignified morning routine for 5 of 5 residents reviewed for dignity with personal cares.

Good Samaritan Society Warren was also obligated under federal FTag, F 278, 42, CFR 483.20(g), the assessment must accurately reflect the resident’s status.  A registered nurse must conduct or coordinate each assessment with the appropriate participation of health professionals.  A registered nurse must sign and certify that the assessment is completed.

It was determined by MDH that FTag 278 requirements were not met as evidenced by their investigation that the facility failed to complete the Minimum Data Set (MDS) to reflect stage 2 pressure ulcer (partial thickness loss of dermis presenting as a shallow open ulcer with a red or pink wound bed, without slough) for 1 of 2 residents reviewed for pressure ulcers and to identify falls for 1 of 2 residents reviewed for falls.

Click here for the rest of the June 22, 2016 survey.

For more information from the Minnesota Department of Health, inspection surveys and reports, website, which usually has the most recent survey and the one taken before that.

To speak with an Attorney Kenneth LaBore concerning elder abuse or neglect or related injuries such as falls and pressure ulcers, call his direct number 612-743-9048 or by email to KLaBore@MNnursinghomeneglect.com.

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Nursing Home Health Facility Complaints

Written By: Kenneth LaBore | Published On: 5th January 2017 | Category: Assisted Living Care Issues, Caregivers Resources, Department of Health Complaint, Nursing Home Abuse and Neglect, Nursing Home Care Issues, Patient Rights | RSS Feed
Nursing Home Complaints Minnesota Department of Health

Nursing Home Complaints Minnesota Department of Health

Minnesota Department of Health Facility Complaints

Allegations of physical and sexual abuse as well as neglect are investigated administratively by the Minnesota Department of Health, Office of Health Facility Complaints, (OHFC).   They conduct onsite investigations, review records, speak with staff members and resident and his/her family.  The OHFC does not review every complaint and therefore they are not all addressed on their website.  The determine on the concerns that are investigated include, unsubstantiated, inconclusive and substantiated.   The goal is a substantiated complaint which will usually require a root cause analysis and internal investigation and new policies and procedure which are then trained to the nursing home care staff.

View Resolved Minnesota Department of Health Complaints

To search the MDH website by type of result, such as “substantiated” as well as by the type of provider, city, county or provider name.

According to Minnesota Administrative Rule 4658.0015, COMPLIANCE WITH REGULATIONS AND STANDARDS.
A nursing home must operate and provide services in compliance with all applicable federal, state, and local laws, regulations, and codes, and with accepted professional standards and principles that apply to professionals providing services in a nursing home.

Contacting the Office of Health Facilities Complaints

The Office of Health Facility Complaints (OHFC) serves the general public. Complaints, questions, or concerns must relate to licensed facilities:

  • Hospitals
  • Nursing homes
  • Boarding care homes
  • Supervised living facilities
  • Assisted living
  • Home health agencies

For questions about complaints, call 651-201-4200 or 1-800-369-7994. For all other OHFC inquiries, call 651-201-4201.

OHFC can help patients and residents to enforce their rights.

OHFC does not charge for its services.

Resident Rights to Contact OHFC

According to Minnesota Statute 144A.13, COMPLAINTS; RESIDENT’S RIGHTS, Subdivision 1. Processing, all matters relating to the operation of a nursing home which are the subject of a written complaint from a resident and which are received by a controlling person or employee of the nursing home shall be delivered to the facility’s administrator for evaluation and action. Failure of the administrator within seven days of its receipt to resolve the complaint, or alternatively, the failure of the administrator to make a reply within seven days after its receipt to the complaining resident stating that the complaint did not constitute a valid objection to the nursing home’s operations, shall be a violation of section 144A.10. If a complaint directly involves the activities of a nursing home administrator, the complaint shall be resolved in accordance with this section by a person, other than the administrator, duly authorized by the nursing home to investigate the complaint and implement any necessary corrective measures.

Subd. 2. Resident’s rights. The administrator of a nursing home shall inform each resident in writing at the time of admission of the right to complain to the administrator about facility accommodations and services. A notice of the right to complain shall be posted in the nursing home. The administrator shall also inform each resident of the right to complain to the commissioner of health. No controlling person or employee of a nursing home shall retaliate in any way against a complaining nursing home resident and no nursing home resident may be denied any right available to the resident under chapter 504B.

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.

See resolved substantiated complaints, special focus facility initiative lists and other information on this website at the “facilities” page which is updated regularly.

If you have concerns about elder abuse or neglect contact Minnesota 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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Special Focus Facility Process

Written By: Kenneth LaBore | Published On: 5th January 2017 | Category: Caregivers Resources, Nursing Home Abuse and Neglect, Patient Rights | RSS Feed

 

Medicare Medicaid CMS Special Focus Facility Nursing Home Deficiency List

Medicare Medicaid CMS Special Focus Facility Nursing Home Deficiency List

Special Focus Facility Initiative

The Centers for Medicare and Medicaid CMS creates a Special Focus Facility “SFF” list of nursing homes that have a history of serious quality issues and are included in a program designed to seek improvement in care.  The list is updated regularly with new facilities being added as needed and other falling off due to significant improvement in the quality of care or  from being terminated from Medicare.

The Special Focus Facility list is generated from data received through the CMS inspections or surveys which are focused on looking for deficiencies in care based on federal nursing home regulations.  According to the CMS website, Most nursing homes have some deficiencies, with the average being 6-7 deficiencies per survey. Most nursing homes correct their problems within a reasonable period of time. However, we have found that a minority of nursing homes have:

  • More problems than other nursing homes (about twice the average number of
    deficiencies);
  • More serious problems than most other nursing homes (including harm or injury experienced by residents); and
  • A pattern of serious problems that has persisted over a long period of time (as measured over the three years before the date the nursing home was first put on the SFF list).

Effect of Being on Special Focus Facility List

According to Medicare CMS, there are more frequent surveys and inspections to facilities on the SFF list usually about twice per year.  The longer the problems and deficiencies exist the more stringent the response from CMS, with penalties ranging from civil fines to being terminated from CMS from Medicare and Medicaid payments.

Within about 18-24 months the nursing home is expected to have one of three possible outcomes:

  • The ideal outcome is the facility shows improvement and the facility graduates from SFF due to significant improvements in the quality of care which has continued over time;
  • The facility is terminated from Medicare after failing to make significant and lasting improvements; and
  • There can also be an extension of time given when there are signs of very promising improvements.

Information on the most recent Minnesota Special Focus Facility nursing homes can be found on my website located at the Information About Facilities.

Click the following links for more information about the Medicare & Medicaid CMS survey process and information on filing a complaint with the Minnesota Department of Health for concerns about the quality of care or abuse and neglect suffered by a Minnesota nursing home resident.

If you have concerns about  Special Focus Facilities or questions about 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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Birchwood Arbors Forest Lake Abuse Substantiated

Written By: Kenneth LaBore | Published On: 4th March 2015 | Category: Financial Exploitation, Nursing Home Abuse and Neglect | RSS Feed
Prevent Elder Abuse, Exploitation by Staff, Drug Diversion in Nursing Homes

Prevent Elder Abuse, Exploitation by Staff, Drug Diversion in Nursing Homes, Birchwood Arbors Forest Lake

Birchwood Arbors Forest Lake Complaint Findings for Abuse

In a report concluded on October 13, 2014, the Minnesota Department of Health cites Birchwood Arbors Forest Lake for abuse – exploitation – drug diversion.

It is alleged that a client was financially exploited when a staff took the client’s Fentanyl patch for her/his own use.  Medications were also missing from two other clients.

Substantiated Allegation of Abuse Against Birchwood Arbors Forest Lake

Based up a preponderance of the evidence, financial exploitation did occur when the AP took a fentanyl transdermal patch from a client while employed at the facility and used it for personal benefit.

Client 1 received services for medication administration.  S/he had a physician’s order for 50 mcg fentanyl transdermal patch to be administered every 72 hours.  During interview, the client refused to discuss the incident but did say the patches are scheduled are not PRN.  Client 1 was missing 1-50 mcg fentanyl transdermal patch.

The facility discovered missing medications from two other clients, conducted an investigation, and notified the police.  The facility and police interviewed staff but were unable to identify an alleged perpetrator.

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 drug theft / financial exploitation 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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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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Benedictine Living Community of Winstead Abuse Substantiated

Written By: Kenneth LaBore | Published On: 3rd March 2015 | Category: Financial Exploitation, Nursing Home Abuse and Neglect | RSS Feed
Abuse-Exploitation-Drug Diversion

Abuse-Exploitation-Drug Diversion, Benedictin Living Community of Winstead

Benedictine Living Community of Winstead Complaint Findings for Abuse

In a report concluded on October 2, 2014, the Minnesota Department of Health cites Benedictine Living Community of Winstead for abuse-exploitation-drug diversion.

It is alleged that a client was exploited when a staff, alleged perpetrator (AP), took the client’s narcotic medication for his/her own use.

Substantiated Allegation of Financial Exploitation Against Benedictine Living Community of Winstead

Based on a preponderance of evidence, the allegation of financial exploitation is substantiated.  The alleged perpetrator (AP) admitted to taking two of the client’s narcotic tablets for his/her own use.

The client’s service plan included medication administration.  The client had physical orders for two tablets of Lortab (Hydrocodone 5 mg / Acetaminophen 500 mg) to be administered every night and one to two tablets as needed up to three times per day.

For more information from the Minnesota Department of Health, Office of Health Facility Complaints concerning nursing homes, assisted living and other elder care providers view resolved complaints at the MDH website.

If you have concerns about physical abuse, financial abuse or any other form of elder abuse or neglect contact Nursing Home 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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Benedictine Living Community New London Abuse Substantiated

Written By: Kenneth LaBore | Published On: 3rd March 2015 | Category: Financial Exploitation, Medication Administration Mistakes, Nursing Home Abuse and Neglect | RSS Feed

 

Neglect Medication Drug Diversion, Financial Exploitation

Neglect Medication Drug Diversion, Financial Exploitation, Benedictine Living Community New London

Benedictine Living Community New London Complaint Findings for Exploitation

In a report concluded on December 15, 2014, the Minnesota Department of Health cites Benedictine Living Community New London for exploitation – drug diversion.

It is alleged that some residents were financially exploited when a staff, alleged perpetrator (AP) took the resident’s narcotic medications for his/her own use.

Based on a preponderance of evidence financial exploitation is substantiated.  From April 2014 through August 28, 2014 the alleged perpetrator (AP) diverted narcotic medications from 18 residents of the facility for his/her own use.

When interviewed by police, the AP stated the medication tampering began in April 2014.  The AP denied removing OxyContin or Lorazepam from the medication carts, but did admit to replacing Hydrocodone with Tylenol.  The AP told police that s/he would take 10-20 Hydrocodone pills a month and would take approximately 4-5 pills a shift.

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

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Failure to Provide CRP to Nursing Home Resident

Written By: Kenneth LaBore | Published On: 16th March 2013 | Category: Caregivers Resources, Choking Asphyxiation Unable to Breath, Facilities - Nursing Homes, Nursing Home Abuse and Neglect, Nursing Home Care Issues | RSS Feed
Death After Failure to Provide CPR

Death Can Occur After Failure to Provide CPR to a Nursing Home Resident

Facility and Provider Compliance – Failure to Provide CPR to Nursing Home Resident

Failure to provide CPR to nursing home resident.  As an attorney who handles nursing home abuse and neglect cases in Minnesota, I can attest that many cases of serious injury or death occur when the staff of a nursing home is not trained on how to handle both emergencies and gradual changes in condition which are signs of a injury, decline or medical complication.  I have reviewed records that supported a delay or failure to provide CPR to nursing home resident in many cases.

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).

Under the regulations, the nursing home must have sufficient nursing staff. (42 CFR § 483.30)

Accidents. The facility must ensure that—

(1) The resident environment remains as free of accident hazards as is possible; and
(2) Each resident receives adequate supervision and assistance devices to prevent accidents. (42 CFR § 483.25 (h))

According to federal regulation 42 CFR § 483.20, resident assessment. The facility must conduct initially and periodically a comprehensive, accurate, standardized, reproducible assessment of each resident’s functional capacity.

(a) Admission orders. At the time each resident is admitted, the facility must have physician orders for the resident’s immediate care.
(b) Comprehensive assessments—(1) Resident assessment instrument. A facility must make a comprehensive assessment of a resident’s needs, using the resident assessment instrument (RAI) specified by the State.

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

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, including a failure to provide CPR to a nursing home, 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.

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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