Posts Tagged ‘Nursinghome Neglect and Abuse’

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Definition of “Neglect” and Nursing Home Neglect

Written By: Kenneth LaBore | Published On: 8th January 2017 | Category: Caregivers Resources, Department of Health Complaint, Nursing Home Abuse and Neglect, Nursing Home Care Issues | RSS Feed
Minnesota Nursing Home Neglect Definition From The Vulnerable Adults Act

Minnesota Nursing Home Neglect Definition From The Vulnerable Adults Act

Nursing Home Neglect Definition

According to the National Adult Protective Services Association, NAPSA, “neglect” is described as:

  • Physical neglect: includes failing to attend to a person’s medical, hygienic, nutrition and dietary needs, such as dispensing medications, changing bandages, bathing, grooming, dressing, or failure to provide ample food to maintain health.
  • Emotional neglect: includes causing emotional pain, distress or anguish by ignoring, belittling or infantilizing the needs of adults. This includes neglecting or discounting the emotional well being of others, as well as actions to isolate adults from visits or contact by family and friends.
  • Abandonment: involves deserting the caregiving needs of an individual while neglecting to arrange sufficient care and support for the duration of the absence.
  • Financial neglect: involves disregarding a person’s financial obligations such as failing to pay rent or mortgage, medical insurance or invoices, utility and garbage bills, property taxes and assessments.
  • Self-neglect: involves seniors or adults with disabilities who fail to meet their own essential physical, psychological or social needs, which threatens their health, safety and well-being. This includes failure to provide adequate food, clothing, shelter and health care for one’s own needs

Nursing homes are considered mandated reporters and must protect vulnerable adults and file complaints and reports when alleged abuse and neglect.  Pursuant to the Minnesota Vulnerable Adults Act, Minnesota Statute 626.5772, Subd. 17., “neglect” means:

(a) The failure or omission by a caregiver to supply a vulnerable adult with care or services, including but not limited to, food, clothing, shelter, health care, or supervision which is:

(1) reasonable and necessary to obtain or maintain the vulnerable adult’s physical or mental health or safety, considering the physical and mental capacity or dysfunction of the vulnerable adult; and

(2) which is not the result of an accident or therapeutic conduct.

(b) The absence or likelihood of absence of care or services, including but not limited to, food, clothing, shelter, health care, or supervision necessary to maintain the physical and mental health of the vulnerable adult which a reasonable person would deem essential to obtain or maintain the vulnerable adult’s health, safety, or comfort considering the physical or mental capacity or dysfunction of the vulnerable adult.

(c) For purposes of this section, a vulnerable adult is not neglected for the sole reason that:

(1) 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 sections 253B.03 or 524.5-101 to 524.5-502, 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:

(i) 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

(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct; or

(2) 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;

(3) 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:

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

(ii) a personal care attendant, regardless of whether the consensual sexual personal relationship existed prior to the caregiving relationship; or

(4) an individual makes an error in the provision of therapeutic conduct to a vulnerable adult which does not result in injury or harm which reasonably requires medical or mental health care; or

(5) an individual makes an error in the provision of therapeutic conduct to a vulnerable adult that results in injury or harm, which reasonably requires the care of a physician, and:

(i) the necessary care is provided in a timely fashion as dictated by the condition of the vulnerable adult;

(ii) if after receiving care, the health status of the vulnerable adult can be reasonably expected, as determined by the attending physician, to be restored to the vulnerable adult’s preexisting condition;

(iii) the error is not part of a pattern of errors by the individual;

(iv) if in a facility, the error is immediately reported as required under section 626.557, and recorded internally in the facility;

(v) if in a facility, the facility identifies and takes corrective action and implements measures designed to reduce the risk of further occurrence of this error and similar errors; and

(vi) if in a facility, the actions required under items (iv) and (v) are sufficiently documented for review and evaluation by the facility and any applicable licensing, certification, and ombudsman agency.

(d) Nothing in this definition requires a caregiver, if regulated, to provide services in excess of those required by the caregiver’s license, certification, registration, or other regulation.

(e) If the findings of an investigation by a lead investigative agency result in a determination of substantiated maltreatment for the sole reason that the actions required of a facility under paragraph (c), clause (5), item (iv), (v), or (vi), were not taken, then the facility is subject to a correction order. An individual will not be found to have neglected or maltreated the vulnerable adult based solely on the facility’s not having taken the actions required under paragraph (c), clause (5), item (iv), (v), or (vi). This must not alter the lead investigative agency’s determination of mitigating factors under section 626.557, subdivision 9c, paragraph (c).

Click here for the definition of elder abuse in the vulnerable adults act.

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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Anoka Rehab & Living Center Neglect – Injury Due to Bed Rail

Written By: Kenneth LaBore | Published On: 2nd March 2015 | Category: Bed Rail Strangulation and Asphyxiation, Medication Administration Mistakes, Medication Drug Error, Nursing Home Abuse and Neglect | RSS Feed
Neglect, Bed Rails, Grab Bars, Mattress, Nursing Home Bed - Anoka Rehab & Living Center

Neglect, Bed Rails, Grab Bars, Mattress, Nursing Home Bed – Anoka Rehab & Living Center

Anoka Rehab & Living Center Complaint Findings for Unexplained Injury

In a report concluded on March 3, 2014, the Minnesota Department of Health cites Anoka Rehab for an unexplained injury to patient.

It is alleged that neglect occurred with a resident was found with his/her head wedged in the gap between the mattress and the grab bar with his/her head pressing up against the grab bar.  As a result s/he sustained swelling to his/her right eye and there was an open wound to his/her head.

Anoka Rehab & Living Center Complaint Findings for Neglect of Health Care – Medications

In another report concluded on June 20, 2013, the Minnesota Department of Health cites Anoka Rehab for neglect of health care – medications.

It is alleged that neglect occurred when a resident was not provided an ordered medication approximately three weeks resulting an adverse effects.

Neglect occurred when the facility staff members changed the resident’s mattress without adjusting the placement of the grab bars, leaving a large gap between the mattress and the grab bar.  The resident’s head became entrapped in the gap resulting in swelling and an open wound to the right side of the resident’s face and right eye.

Staff members verified that the resident was found about 4:20 a.m. with his/her head entrapped between the mattress and the grab bars.  The resident’s face was swollen and there was blood and superficial open area to the outer right corner of his/her right eye.

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, medication theft, bed rails 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.

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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State Seizes Control of Hennepin County Nursing Home

Written By: Kenneth LaBore | Published On: 12th January 2015 | Category: Caregivers Resources, Nursing Home Abuse and Neglect | RSS Feed
Due to Neglect - Nursing Home Regulators for State Seizes Control of Nursing Home in Hennepin County

Due to Neglect – Nursing Home Regulators for State Seizes Control of Nursing Home in Hennepin County

Minnesota State Seizes Control of Nursing Home Facility

The Minnesota Department of Health for state seizes control of a nursing home in Minneapolis, stating that there have been many safety and health violations that have posed a serious and immediate threat to the well-being of the residents.

This is step that is highly unusual for the Department of Health, but they said that the facility that takes care of the elderly and mentally ill patients committed 80 violations after recent inspections. Many of these violations were considered very serious. In March 2014, it was found that two residents were hospitalized after they were able to access alcohol or drugs while under the care of the facility.

The state was also concerned with the financial condition of the nursing home, finding that their status had deteriorated to a point that caregivers had quit their jobs at the nursing home because they were not getting paid. This left the residents even more vulnerable to neglect because there were not enough staff members to give them proper care. The director of nursing at the nursing home resigned in May 2014, leaving only two nurses at the nursing home and 67 patients to take care of, according to a petition filed in court.

Nursing Home Regulators for State Seizes Control of Nursing Home in Hennepin County

This is the third time since 2009 that state regulators have had to take control of the nursing home after receiving reports that the residents were receiving inadequate care.

The state Commissioner of Health said that the step had to be taken as a last resort because the nursing home was not keeping its residents safe and was not meeting the basic standards of care that are required in Minnesota.

The chief executive officer of the nursing home’s management company said that the home had safety and health concerns when the management company took over the facility three years ago. However, a reduction in the reimbursement rates issued to nursing homes under Medicaid is what he says accounts for about 80 percent of the $4 million in annual revenue the home receives. He said that this reduction has crippled the operations of the facility.

He further stated that without the financial issues, the regulatory issues could have been worked for. However, he states that the financial problems are where the issues originated.

When the takeover occurred, the Department of Health was armed with a court order. A nonprofit organization, Volunteers of America, came with the officials as the acting administrator was told to leave. That night after dinner, the residents were informed of the change.

The home is one that has a mix of residents. The residents mainly consist of those with chemical dependencies, the elderly, and those with mental illnesses. Around half of the residents in the home suffer from dementia.

One resident who lived in the home for 24 years said that the conditions within the home had become intolerable. Earlier in 2014, the facility ran out of one of her Parkinson’s medication and she had to wait a week, causing her head and hands to shake uncontrollably. This had an influence on her quality of life and her health for those seven days.

The woman also said the call light next to her bed stopped working for a number of weeks, keeping her from being able to call for assistance.

In March 2014, inspectors found that the facility had committed 47 violations. When they followed up two months later, they found that 26 of the 47 violations had not yet been fixed. Inspectors also found that the residents were able to wander and elope off of the grounds without staff knowing. The state had warned the nursing home that if their employees quit their jobs, there would be no one to care for the residents.

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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Care Aides in Minnesota have Little to No Training in Life-and-Death Situations

Written By: Kenneth LaBore | Published On: 1st September 2014 | Category: Failure to Provide CPR, Inadequate Staffing/Training | RSS Feed
Nursing Home and Home Care Aides Have Little or Sometimes No Training for Cares Provided

Nursing Home and Home Care Aides Have Little or Sometimes No Training for Cares Provided

Minnesota Nursing Aides Have Little or Sometimes No Training on Serious Care Needs

One care aide was frozen in fear in the living room of a home in St. Paul. Her patient was a quadriplegic man that she did not know well. He was gasping for air, his throat was blocked and his eyes rolled back into his head. Nothing in the one hour of training (nearly no training) that the aide had received prepared her for this scenario.

Fearing that the man was about ready to lose his life, the woman fumbled with a suctioning machine. She had never used one before, but turned it on and inserted the tube into his throat. She recounts that she was terrified because she had this man’s life in her hands and had no idea what she was to do.

This is a scenario that plays out every single day in Minnesota and throughout the country. Care aides are thrust into life-and-death situations without the training and with hardly any supervision. They perform a wide range of complex medical tasks from inserting feeding tubes to cleaning out infections and monitoring IV fluids. These are tasks that were only exercised in nursing homes and hospitals by highly trained medical professionals.

Many care aides say that they feel overwhelmed because they are underqualified, so they struggle to help their patients with their disabilities and illnesses.

Aides Have No Training or Not Enough Training in Many Cases

In Minnesota, there are over 100,000 care assistances that serve nearly 40,000 patients that need their care. All a person has to do to become a certified caregiver is take a brief test online with questions that most children could answer correctly.

The Star Tribune interviewed over two dozen personal care attendants in a two month period and it was found that only one of them had received more than an hour of training from their agency. Many said they have appealed to their employers for more training and supervision, but were told that the state was not paying them enough to cover the expense.

This has left the caregivers to fend for themselves. What this does is increase the chances of medication errors, patient injuries, and situations where the caregiver may be faced with saving the patient’s life with very little experience in how to do so. Many times, the caregivers are forced to violate rules that are in place to protect vulnerable adults. In the interviews, unlicensed care attendants said they usually administer very powerful prescription medications, sterilize wounds, and they inject medications into the veins of patients. The state prohibits such practices from being performed by care assistances.

Many times, the employers are not aware of the risks that they take on because of the largely unsupervised caregivers. This is a pattern that is playing out all across the country when personal care agencies are supposed to employ qualified professionals. At some of the larger agencies, the professional staff oversees hundreds of patients and the aides are needed. Some personal care assistants say that they feel like they don’t exist as they express their needs and nothing is done.

 

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Thief River Falls Elder Abuse Attorney

Written By: Kenneth LaBore | Published On: 17th April 2013 | Category: Abuse and Neglect Attorney, Cities | RSS Feed
Thief River Falls Elder Abuse and Neglect Attorney Kenneth LaBore

Thief River Falls Elder Abuse and Neglect Attorney Kenneth LaBore

Thief River Falls Elder Abuse and Neglect Attorney Kenneth LaBore

Thief River Falls Elder Abuse Attorney Kenneth L. LaBore is experienced in handling complex medical malpractice cases including nursing home neglect and abuse cases. Mr. LaBore has held elder care facilities across the state accountable for their negligent acts. Mr. LaBore is familiar with the many state and federal regulations which pertained to quality of care standards in Minnesota nursing homes. Nursing home abuse and neglect is preventable with properly trained staff working for organizations which place resident care and quality of life as priorities.

When elder care facilities fail to protect the vulnerable adults placed in their charge, you need to contact a qualified lawyer to help protect the residents still in the facility and ensure your loved one’s injury does not go without notice and effect for the nursing home.

Elder abuse comes in a variety of forms some more subtle such as ignoring the urgency of Delay in Answer Call Lights to more extreme forms where residents are allowed to sit in their urine and feces to predictably get urinary tract infections and nasty dangerous pressure sores as known as bedsores. Another common form of neglect include falls from either a failure to respond to call lights for residents who need to be toileted often leading to falls with fractures, frequently causing death. Additional information on the following areas of elder abuse and neglect:

Thief River Falls Elder Abuse Lawyer

If you or someone you love is currently struggling with concerns related to Thief River Falls elder abuse and neglect, please call for a free no obligation consultation to see if we can assist in holding the facility accountable. An experienced nursing home neglect attorney will provide you with the answers, the advice and the representation you are looking for during this difficult time. Contact Attorney Kenneth LaBore at 612-743-9048 or Toll Free at 1-888-452-6589. Email: 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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Families Want Voices Heard in Nursing Home Complaint Inquiries

Written By: Kenneth LaBore | Published On: 27th March 2013 | Category: Admission and Discharge Issues, Department of Health Complaint, Facilities - Nursing Homes | RSS Feed
Minnesota Department of Health MDH, Needs to Carefully Investigate Each Nursing Home Complaint

Minnesota Department of Health MDH, Needs to Carefully Investigate Each Nursing Home Complaint

Each Nursing Home Complaint Needs to Be Investigated Thoroughly

A state agency is taking care of the nursing home complaint of relatives who say that investigations of care facilities and nursing homes have been giving them no information.  In one case, a woman received a letter in 2011 from state health investigators that said her mother had had a stroke at an assisted-living facility and died. She then wondered if they even reviewed the nursing home complaint / case.

The woman said she was never formally interviewed by investigators, even when they found her mother convulsing from the severe stroke. No one was ever in any sort of trouble over the incident and she says that investigators didn’t seem too concerned when she tried to bring some information to their attention.

Now this woman has been on a mission to make the state agency even stricter toward health care facilities and to give the public some say so in matters involving their loved ones.

The woman feels that the agencies do not see the families as reliable sources of information. Instead, she feels that the agencies look at the facilities as the only sources of information. This has made the state Health Department and the Office of Health Facility Complaints targets because they regulate the more than 2,000 facilities in the states. They have received over 12,000 complaints every year and about 1,000 of them are investigated. One in four of these facilities are found to have committed violations.

For the updated information from the MDH report click here

A victory was scored in February when it was acknowledged by state health officials that a policy changed needed to be made to make sure families had a part in state investigations. New policy requires investigators to interview the relatives of vulnerable adults involved in care facility complaints. This allows the agencies to communicate with the families and to make sure they receive copies of completed investigations.

The new policy has been applauded because it is said that the investigators do “fall short’ at times when making sure they have collected all of the information they need. It is also said that staff resources are at play rather than a bias toward the care industry or the facility. However, the care industry has been reported as saying that they don’t believe the state agencies are keeping their interests in mind. They don’t believe they have been overly friendly as has been reported by patient family members because they are subject to so many investigations.

The problem, however, has been that information has been omitted in investigations when they have been done. This has something to do with shortened public reports due to a policy change a number of years ago. The policy change was put in place to limit the amount of time investigators had to spend doing paperwork, which made the reports easier to read. In recent months, even the dates of incidents have been omitted in order to keep the information from the media and to also keep them from contacting the families of people who have been injured in care facilities.

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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After Four Visits Nursing Home Passes Final Inspection After Issue with Resident Pressure Ulcers

Written By: Kenneth LaBore | Published On: 26th February 2013 | Category: Bed Sores and Pressure Ulcers, Facilities - Nursing Homes | RSS Feed
Nursing Home Neglect - Wound Care Issues - Pressure Ulcers

Nursing Home Neglect – Wound Care Issues – Pressure Ulcers – Numerous Inspection Issues

Nursing Home With Pressure Sore Issue Passes After Four Inspections

The Inter-Faith Care Center is ecstatic that they got some excellent news. After four revisits by inspectors since the initial inspection failure in August 2012, the care center has now passed.

Knowing that it is important that the community knows that the battle has been won, they are happy to announce this victory. After failing a number of points, during their nursing home inspection, which were relatively minor, its Medicaid and Medicare payments were threatened. They had to pass this inspection in order to keep those payments intact.

While many of the issues were corrected rather quickly, the facility director said that Inter-Faith was cited for documentation issues, such as the documentation needed for the pressure ulcers of one patient to ensure proper treatment. Since then, the nursing home updated their policies to ensure information relevant to patient care is not missed. In addition to updating these policies, the facility had a wound-certified RN come into the facility and train their staff for a week so that they know how to properly treat specific types of wounds.

On January 30, the facility released a statement that the Minnesota Department of Health completed their fourth inspection. The announcement said that the cited deficiencies had been corrected, which meant the termination of Medicaid and Medicare payments would not occur on February 2nd. The announcement further stated that the nursing team worked to improve the many issues and that they are proud to have the Wound Care program in place. It was a difficult challenge for the staff, the families, the residents, and the facility’s board, but overcoming the deficiencies has made the facility a better one.

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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Neglect of Health Care – Whittier Place has Substantiated Complaint

Written By: Kenneth LaBore | Published On: 11th September 2012 | Category: Caregivers Resources, Facilities - Nursing Homes, Nursing Home Abuse and Neglect, Nursing Home Care Issues | RSS Feed
Failure to Respond to Change in Condition

Failure to Respond to Change in Condition

Facility cited for Neglect of Health Care of Resident

Whittier Place in Minneapolis was cited by the Minnesota Department of Health for Neglect of Health Care when they failed to properly monitor a resident’s condition.

Provider: Whittier Place

Location: Minneapolis, Minnesota

Provider Type: Housing with Services

Number of Substantiated Complaints listed by MDH 1

Complaint: Neglect of Health Care

Date Investigation Concluded: March 17, 2010

Basis of Complaint: Neglect of Health Care

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 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.

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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Failure to Provide Adequate Supervision Substantiated Complaints Against Martin Luther Manor – Highland

Written By: Kenneth LaBore | Published On: 20th August 2012 | Category: Caregivers Resources, Facilities - Nursing Homes, Home Health Care, Housing With Services Care Issues | RSS Feed
Minnesota Nursing Home Abuse and Neglect - Failure to Provide Adequate Supervision

Minnesota Nursing Home Abuse and Neglect – Failure to Provide Adequate Supervision

Failure to Provide Adequate Supervision

Martin Luther Manor – Highland was cited by the Minnesota Department of Health for a failure to provide adequate supervision of a resident who found with blistering burns on her feet after being burned in a shower.

Provider: Martin Luther Manor
Location: St. Paul / Highland, Minnesota
Provider Type: Housing with Services (HWS)
Number of Substantiated Complaints listed by MDH 1

Complaint: Failure to Provide Adequate Supervision

Date Investigation Concluded: October 10, 2011

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

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.

Failure to Provide Adequate Supervision

There are many types of elder abuse and neglect which can occur when there is a lack of monitoring or a failure to provide adequate supervision such as wandering and eloping residents, falls, pressure sores, sexual assaults and other injuries.  If you would like a free consultation with an experienced top rated elder abuse lawyer call Kenneth LaBore 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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Almost 50 Percent of Alzheimer’s Patients Abused According to Study

Written By: Kenneth LaBore | Published On: 15th August 2012 | Category: Elder Physical Abuse, Nursing Home Abuse and Neglect | RSS Feed
Nearly 1/2 of All Alzheimer's Patients Abused

Nearly 1/2 of All Alzheimer’s Patients Abused

Nearly 1/2 of Alzheimer’s Patients Abused

Almost 50 Percent of Alzheimer’s Patients Abused – The University of California, Irvine, recently conducted a study that examined the treatment of elderly individuals with Alzheimer’s or dementia. Unfortunately, the study found that nearly 50% of elderly individuals with these diseases suffered abuse at the hands of their caregivers.

This study is only one of many that have evaluated the rising incidences of elder abuse that is occurring throughout the country.

The study observed 129 elderly individuals and their caregivers. During the study, a panel met every month to go through the data and observations to make determinations about the physical abuse, psychological abuse, and neglect that the elderly individuals were going through. The result showed that 47% of the caregivers were abusing their patients in one way or another. Psychological abuse was the most common.

The researchers found that the best way to determine if a patient is being mistreated was to see how the patient behaved toward the caregiver. Mistreatment was most likely to occur when the dementia patient exhibited physical or psychological aggression toward their caregiver. Usually, the patient would sear, push, and shove their caregiver. The psychological, emotional, and physical damage that is caused to the patient is very difficult to reverse.

Why Are Alzheimer’s Patients Abused?

Studies on elder abuse like the one conducted by the university of California, Irvine, continue to discover the prevalence of the mistreatment of vulnerable individuals. The abuse is occurring in nursing home environments, as well as in at-home care situations. What is unfortunate is that family members of the patients do not recognize when their loved one is being abused due to not having much knowledge about how they should and shouldn’t be behaving with their condition.

This leads to many of these cases not being reported because the loved one cannot verbalize the abuse they are going through. If they are aware of what is happening to them, they are so distraught over their condition and the situation they are in that they feel saying something will not benefit them, such as not being believed because they did not want to be placed in care to begin with and their pleas for help could be viewed as manipulative in order to not have to be cared for.

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

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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