Posts Tagged ‘Oxygen Burn’


Heritage House of Milaca Neglect After Serious Burn Injuries

Written By: Kenneth LaBore | Published On: 28th February 2017 | Category: Burn Injuries, Elder Physical Abuse | RSS Feed
Serious Burn Injuries Suffered to Resident at Heritage House of Milaca

Serious Burn Injuries Suffered to Resident at Heritage House of Milaca

Heritage House of Milaca Neglect Due to Horrific Oxygen Burn Injuries

In a report dated February 3, 2017, the Minnesota Department of Health, alleged that a resident at Heritage House of Milaca was not supervised when the resident had oxygen and an oxygen mask on, lit up a cigarette and sustained burns to the side of the face and lungs. Staff extinguished the fire and called for emergency medical services. The resident was transferred to a hospital and then transferred to a burn unit at a second hospital.

Heritage House of Milaca Preventable Burns to Resident Using Oxygen

The MDH Substantiated Complaint of Neglect continues: based on a preponderance of evidence, neglect occurred when the staff failed to provide adequate supervision, and a client lit a cigarette, while using the liquid oxygen, and was burned.

The client had a diagnosis that included chronic obstructive pulmonary disease and schizophrenia.  The client received home care services and required assistance with oxygen management.  The client was a known smoker; however, the risks related to smoking with oxygen were not assessed, and the only clear rule from the home care provider was no smoking indoors.  The client was mostly compliant with removing the oxygen tank prior to going outside to smoke, but staff were aware the client sometimes smoke outside with the oxygen tank still attached, either turning the flow off or pulling the oxygen tubing away from his/her nose.

On the day of incident, a staff member assisted the client outside to get fresh air on the patio.  The client had his/her liquid oxygen tank attached to the wheelchair and was using a nasal cannula to deliver oxygen with the flow on.  The client received a cigarette from another client while on the patio.  When the client used the lighter, the oxygen tubing ignited.  The client removed the oxygen tubing from his/her nose and walked away from the wheelchair and the oxygen tank.  A staff member assisted the client inside through a door furthest from the fire, while another staff member called emergency services and extinguished the fire.  The client was given a cold wash cloth to apply to the burns on the side of the face and was transported to the hospital.

The client was transferred to a burn unit to treat his/her injuries.  The client had a second degree burns to the right side of the face including, the cheek, nose, eyelid, and eyebrow.  In addition, the client experienced soot and burn damage to his lungs and airway.  The client required intubation for two days and a feeding tube for ten days.   The client was hospitalized for sixteen days and discharged back to the home care provider with ongoing physical therapy, occupational therapy and speech therapy (for swallowing concerns).  The client continued to require ointment treatment to the facial burns.

The client was interviewed while in the hospital.  The client remained on tube feedings, and was on oxygen, and required treatment of the burns.  The client was lethargic, but able to arouse to answer questions.  The client stated s/he had forgotten to take his/her oxygen prior to lighting a cigarette.

Heritage House of Milaca – Report Abuse and Neglect

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.

Hold Negligent Providers Like Heritage House of Milaca Accountable

Attorney Kenneth LaBore has handled many preventable serious and fatal burn injuries, many due to the failure to follow safety policies and procedures related to oxygen use and smoking.    Burns can also happen from scalding water, heaters and electric pads and blankets and other ways.

If you have concerns about burn injuries 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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Physical Abuse by Staff

Physical Abuse by Staff Heritage House of Milaca Minnesota

Heritage House of Milaca Complaint Findings for Exploitation

In a report concluded on January 31, 2011, the Minnesota Department of Health cites Heritage House of Milaca for exploitation by staff.

The allegation is abused based on the following:  Employee (A), alleged perpetrator (AP) grabbed Client #1’s wrist causing bruising on Client #1’s hand and wrist.

Substantiated Complaint Against Heritage House of Milaca

According to the National Center on Elder Abuse, elder abuse is a growing problem. While we don’t know all of the details about why abuse occurs or how to stop its spread, we do know that help is available for victims. Concerned people, like you, can spot the warning signs of a possible problem, and make a call for help if an elder is in need of assistance.

•Physical Abuse
•Sexual Abuse
•Emotional or Psychological Abuse
•Neglect
•Abandonment
•Financial or Material Exploitation
•Self-neglect

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

If you have concerns about financial exploitation or any other form of elder abuse or neglect contact Minnesota Elder Abuse Attorney Kenneth LaBore at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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Bigfork Valley Communities Neglect – Burns from Oxygen

Written By: Kenneth LaBore | Published On: 11th March 2015 | Category: Burn Injuries | RSS Feed
Burns from Oxygen

Burns from Oxygen, Bigfork Valley Communities

Bigfork Valley Communities Complaint Findings for Neglect – Oxygen Burns

In a report concluded on February 4, 2015, the Minnesota Department of Health cites Bigfork Valley Communities for neglect of health care.

Based on a preponderance of evidence, neglect occurred when the facility staff failed to provide adequate supervision to a resident who was smoking.  The staff did not remove the resident’s oxygen prior to the resident lighting a cigarette.  The oxygen/tubing ignited, resulting in first degree burns to the check and nose of the resident.

Substantiated Complaint of Neglect of Health Care at Bigfork Valley Communities of Burn Injury

Based on a preponderance of the evidence, neglect occurred when the facility staff failed to provide adequate supervision to a resident who was smoking.  The staff did not remove the resident’s oxygen prior to the resident lighting a cigarette.  The oxygen/tubing ignited, resulting in first degree burns to the cheek and nose of the resident.

The evening after the admission the resident was outside with a Nursing Assistant (NA), when the NA told the nurse that the resident required first aide due to injuries sustained when his/her oxygen ignited while the resident was smoking.   Documentation indicated the resident smelled of burned hair and skin, and the resident had blackened skin on and under his nose, and bilaterally on both cheeks.

The resident’s admission occurred a day before the fire.  The resident had Chronic Obstructive Pulmonary Disorder and the resident used continuous oxygen per nasal cannula.  The resident was a current smoker who smoked 2-5 times per day and required supervision during smoking.  There was nothing further on the assessment to address the type of supervision the resident needed or what to do with the oxygen while the resident smoked.

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 burn injuries or any other form of elder abuse or neglect contact Elder Abuse and Neglect 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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Oxygen Burn Injury in Nursing Homes

Written By: Kenneth LaBore | Published On: 24th March 2013 | Category: Burn Injuries, Nursing Home Abuse and Neglect, Nursing Home Care Issues | RSS Feed
Burns from Oxygen

Burns from Oxygen – Oxygen Burn Injury

Stop Oxygen Burn Injury

One of the most horrific types of injuries I have seen in my career as a nursinghome neglect and abuse attorney is that of oxygen fire burn injury with elderly residents who continue to smoke.  As a general rule most nursing home residents have the rights to continue to smoke even if against the doctor’s orders or counter to nursing home recommendations. I have seen several cases where someone who was on oxygen was smoking and a fire with resulted with serious burn injury and/or death of the resident.

This type of accident is preventable through proper supervision and care from the nursing home staff. Most nursing home staff are the aware of the residents that smoke and they should be given particular close supervision when they are also using oxygen. The need for supervision increases even further if the resident has a history of poor judgment or is unable due to cognitive changes such as Alzheimer’s and Dementia to perceive risks and dangers.

Of course there should be not oxygen tank on the wheelchair or attached to the resident when they smoke. Many facilities have a safety protocol where the lighter and cigarettes are held for high risk smokers and they must sign them out and have someone check to see they are not attached or adjacent to any oxygen tanks or other fire hazards when they do smoke. Not all fires are from oxygen, many are from mattress, drapery and other fires.

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)
Questions regarding Staffing:

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

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. As this pertains to burn injuries and fire hazards, each resident’s risk to hazards including, smoking, fire, oxygen, etc. must be assessed and a comprehensive care plan made to protect the resident from that risk.

Federal Law requires that a nursing home take measures to reduce all risks for accidents including, fire risks from smoking, etc.

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))

Nursing Home Neglect and Burn Injury Attorney Kenneth L. LaBore knows that burn injuries are one of the most painful types of injury a person can suffer. To fully represent a burn survivor’s interests it is critical to understand the cause of the cause of the burn and the type of burn. There are many causes for burns such as gas, electrical, chemical, flash, hot water and steam; each one causing a different type of injury.

Mr. LaBore focused goal is to hold the negligent party accountable, if possible to ensure others are never injured in the same way and to maximize the recovery for our clients after suffering serious burn injuries. It is important that you have attorneys that understand the medical, legal and scientific issues associated with handling serious burn injury and scarring cases. Attorney Kenneth LaBore is dedicated to ensuring that a burn survivor receives the medical treatment and rehabilitative care they need and the compensation they deserve.

As an experienced nursing home neglect and burn injury lawyer Kenneth LaBore understand that the recovery period from burn injuries can be long and require ongoing expenses. He also understands that burn injuries can be incredibly painful and often times can prevent or restrict a person’s ability to work or perform normal activities of daily living. No matter how the burns occur, a vehicle accident, home or apartment fire, oxygen in a hospital or nursing home, gas lines, steam, hot water, or any other mechanism for injury we know how gather the information and facts, work with experts and fire, electrical, medical and other professionals to establish liability and prove and document the elements of the damages such as pain and suffering, medical expenses, future restrictions and loss of earning capacity, loss of consortium and others depending on the facts.

As part of investigation your burn injury or explosion claim we will review the state and local fire and safety codes, investigative reports from the fire department and other regulatory agencies such as OSHA, industry related data specific to the type of burn and facts of case. We will also work with other experts and professionals to establish the cause of the burn or explosion and more importantly what could have been done to prevent the incident from occurring.

Burn injuries can range from less severe “first degree burns”, to the most severe burns characterized as “third degree burns”. First degree burns which are characterized by the blistering and redness of the top layer of the dermis also known as dermis. Second degree burns involve the dermis plus the next layer of skin, the epidermis, are involved. There are usually visible blisters and burnt skin. Third degree burns involve all the layers of the dermis being burned away and may also include burning of the subdermal layer of fat.

If you or a loved one has suffered an injury 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 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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